A contract awarding agency may, as part of a public works contract, enter into an agreement with a contractor to approve statements of intent to pay prevailing wages and affidavits of wages paid on behalf of the department as provided in RCW
39.12.040(2), pursuant to the following terms:
(1) The agreement must be incorporated into the bid specifications and contract document;
(2) Statement of intent forms and affidavit of wages paid forms, provided by the department, must be filed with the contract awarding agency by the contractor prior to the disbursement of public funds;
(3) Contract awarding agencies must retain copies of all statements of intent to pay prevailing wages received pursuant to this section for a period of not less than three years;
(4) Contract awarding agencies must send to the department copies of all affidavits of wages paid received pursuant to this section within 30 days of receipt from the contractor;
(5) The contract awarding agency shall accept full responsibility and liability for payment of any valid wage claims directly to the claimant;
(6) The contract awarding agency may proceed against any contractor found to have violated the provisions of the statute, and may debar such contractor from consideration for future contracts for up to one year and will provide the department with the names and contractor registration or other employer identification numbers of any such debarred contractors within 30 days of the debarment; and
(7) Contract awarding agencies and contractors shall not enter into contracts or agreements to perform public work that subdivide or otherwise disaggregate any public works project of more than the dollar amount outlined in RCW
39.12.040 (2)(e), to enable such public works project to be awarded pursuant to this section.
[Statutory Authority: Chapter
39.12 RCW. WSR 23-24-085, § 296-127-050, filed 12/5/23, effective 7/1/24. Statutory Authority: Chapters
39.04 and
39.12 RCW and RCW
43.22.270. WSR 92-01-104, § 296-127-050, filed 12/18/91, effective 1/31/92.]