| Small Public Works Projects Alternate Process |  | |
The small public works projects alternate filing process has changed
— There is a new alternate procedure for contracts over $2,500 and under $35,000 (including tax)
The small public works projects alternate filing process has changed. The old forms for this process will not be accepted after October 1, 2007.
A new combined Intent and Affidavit form shortens the process for small public works projects
The public works prevailing wage law requires that an Intent to Pay Prevailing Wage be filed with L&I prior to making any payments to the contractor, and requires that an Affidavit of Wages Paid be filed before final payment.
But for small public works projects, we have been allowed to combine the two forms into one. This combined form can only be used when just one single payment is going to be made after the completion of the work. Filling out and signing the form after the work is done allows you to make just one final (and the only) payment. However, if there are progress payments, you must use the regular intent and affidavit forms.
Here are the requirements for using the new process
- Only a single contractor performing small work directly for the awarding agency with no subcontractors may use this alternate process.
- Only contracts valued at over $2,500 and under $35,000 (including sales tax) may qualify for this alternate process.
The awarding agency gives the form to the qualifying contractor
The awarding agency will supply this form to the contractor when it approves the use of the small public works project alternate process. Contractors must obtain the form from the awarding agency. Awarding agencies must use L&I's combined Intent and Affidavit form.
Getting additional forms
The awarding agency can contact the Prevailing Wage office for copies of the form. Thereafter, the awarding agency may make copies of the new combined Intent/Affidavit form. However, if copying, please be sure to:
- Include the instructions on the back of the form. Both sides are necessary.
- Copy the form double sided. Do not print it on separate pages.
Changed or modified forms will not be accepted.
What the awarding public agency must do
- Tell the contractor about the requirement to pay prevailing wages before any work begins.
- Provide the contractor with the appropriate listing of prevailing wages.
- Require the contractor to sign and date a completed Intent/Affidavit form prior to issuing any payment.
- Approve the completed form by indicating the name, telephone number, date, and the signature with title of the person signing/approving the form.
- Provide to L&I's Prevailing Wage office copies of the combined Intent/Affidavit forms you have approved and collected within 30-days of receiving them.
- Pay to L&I's Prevailing Wage
office the $80.00 filing fee for each combined Intent and Affidavit form.
(Failure to file them may result in liability, sanctions or penalties under RCWs 39.12.040, .042, .050, and .065.) - Keep copies of the combined Intent and Affidavit forms filed with and approved by you for a period of three years.
What you need to know in order to get the correct prevailing wage rates
- The prevailing wage rates in place at the project bid due date apply to that project.
- For projects not awarded within six months of the bid date, the prevailing wage rates in effect at the time of the contract award will apply. For this limited (over $2,500 and under $35,000) procedure, please use the contract execution date.
- Prevailing wage rates are available on our web site at www.LNI.wa.gov/tradeslicensing/prevwage/wagerates/lookup/. The department publishes revised prevailing wages on the first business day of February and the first business day of August each year. The rates take effect 30 days after publication.
- If a contractor uses an apprentice and lists the reduced wage on the form, the awarding agency must contact the Prevailing Wage office to confirm the apprentice’s registration and proper wage rate.
- The awarding agency is liable for any underpayment of worker wages under this alternate process.
- Recovery action against the contractor for overpayment is the responsibility of the awarding agency. See RCW 39.12.040(2)(d) for more detail.
