reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.06 - Public Works—Registration, Licensing, of Contractors. › 39.06.020 - Verification of subcontractor responsibility criteria.

RCW 39.06.020
Verification of subcontractor responsibility criteria.
A public works contractor must verify responsibility criteria for each first tier subcontractor, and a subcontractor of any tier that hires other subcontractors must verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1) and possesses an electrical contractor license, if required by chapter 19.28 RCW, an elevator contractor license, if required by chapter 70.87 RCW, or a plumbing contractor license[,] if required by chapter 18.106 RCW. This verification requirement, as well as the responsibility criteria, must be included in every public works contract and subcontract of every tier.
[ 2023 c 88 § 2; 2007 c 133 § 3.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.08 - Contractor's Bond. › 39.08.015 - Liability for failure to take bond.

RCW 39.08.015
Liability for failure to take bond.
If any board of county commissioners of any county, or mayor and common council of any incorporated city or town, or tribunal transacting the business of any municipal corporation shall fail to take such bond as herein required, such county, incorporated city or town, or other municipal corporation, shall be liable to the persons mentioned in RCW 39.08.010, to the full extent and for the full amount of all such debts so contracted by such contractor.
[ 1909 c 207 § 2; RRS § 1160. Prior: 1888 p 15 § 2. Formerly RCW 39.08.070.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.08 - Contractor's Bond. › 39.08.065 - Notice to contractor condition to suit on bond when supplies are furnished to subcontractor.

RCW 39.08.065
Notice to contractor condition to suit on bond when supplies are furnished to subcontractor.
Every person, firm, or corporation furnishing materials, supplies, or provisions to be used in the construction, performance, carrying on, prosecution, or doing of any work for the state, or any county, city, town, district, municipality, or other public body, shall, not later than ten days after the date of the first delivery of such materials, supplies, or provisions to any subcontractor or agent of any person, firm, or corporation having a subcontract for the construction, performance, carrying on, prosecution, or doing of such work, deliver or mail to the contractor a notice in writing stating in substance and effect that such person, firm, or corporation has commenced to deliver materials, supplies, or provisions for use thereon, with the name of the subcontractor or agent ordering or to whom the same is furnished and that such contractor and his or her bond will be held for the payment of the same, and no suit or action shall be maintained in any court against the contractor or his or her bond to recover for such material, supplies, or provisions or any part thereof unless the provisions of this section have been complied with.
[ 2011 c 336 § 804; 1915 c 167 § 1; RRS § 1159-1. Formerly RCW 39.08.020.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.08 - Contractor's Bond. › 39.08.100 - Marine vessel construction—Security in lieu of bond.

RCW 39.08.100
Marine vessel construction—Security in lieu of bond.
On contracts for construction, maintenance, or repair of a marine vessel, the department of transportation, a public transportation benefit area, a passenger-only ferry service district, or any county may permit, subject to specified format and conditions, the substitution of one or more of the following alternate forms of security in lieu of all or part of the bond: Certified check, replacement bond, cashier's check, treasury bills, an irrevocable bank letter of credit, assignment of a savings account, or other liquid assets specifically approved by the secretary of transportation, county engineer, or equivalent for a public transportation benefit area or a passenger-only ferry service district, for their respective projects. The secretary of transportation, county engineer, or equivalent for a public transportation benefit area or a passenger-only ferry service district, respectively, shall predetermine and include in the special provisions of the bid package the amount of this alternative form of security or bond, or a combination of the two, on a case-by-case basis, in an amount adequate to protect one hundred percent of the state's or county's exposure to loss. Assets used as an alternative form of security shall not be used to secure the bond. By October 1, 1989, the department shall develop and adopt rules under chapter 34.05 RCW that establish the procedures for determining the state's exposure to loss on contracts for construction, maintenance, or repair of a marine vessel. Prior to awarding any contract limiting security to the county's, public transportation benefit area's, or passenger-only ferry service district's exposure to loss, the governing board of the county or agency shall develop and adopt an ordinance or resolution that establishes the procedure for determining the county's or agency's exposure to loss on contracts for construction, maintenance, or repair of a marine vessel.
[ 2018 c 89 § 2; 2005 c 101 § 1; 1989 c 58 § 2.]
NOTES:
Effective date—2018 c 89: See note following RCW 39.08.030.
Effective date—2005 c 101: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 20, 2005]." [ 2005 c 101 § 2.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.10 - Alternative Public Works Contracting Procedures. › 39.10.250 - Project review committee—Duties.

RCW 39.10.250
Project review committee—Duties.
The committee shall:
(1) Certify, or renew certification for, public bodies to use design-build or general contractor/construction manager contracting procedures, or both;
(2) Review and approve the use of the design-build or general contractor/construction manager contracting procedures on a project by project basis for public bodies that are not certified under RCW 39.10.270;
(3) Review and approve the use of alternative subcontractor selection under RCW 39.10.385 on a project-by-project basis for public bodies that are not certified under RCW 39.10.270, which review and approval may be concurrent with project approval; and
(4) Review and approve not more than two design-build demonstration projects that include procurement of operations and maintenance services for a period longer than three years.
[ 2021 c 230 § 5; 2019 c 212 § 2; 2013 c 222 § 5; 2009 c 75 § 2; 2007 c 494 § 105.]
NOTES:
Sunset Act application: See note following chapter digest.
Effective date—2021 c 230: See note following RCW 39.10.210.
Effective date—2013 c 222: See note following RCW 39.10.210.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.10 - Alternative Public Works Contracting Procedures. › 39.10.260 - Project review committee—Meetings—Open and public.

RCW 39.10.260
Project review committee—Meetings—Open and public.
(1) The committee shall hold regular public meetings to carry out its duties as described in RCW 39.10.250. Committee meetings are subject to chapter 42.30 RCW.
(2) The committee shall publish notice of its public meetings at least twenty days before the meeting in a legal newspaper circulated in the area where the public body seeking certification is located, or where each of the proposed projects under consideration will be constructed. All meeting notices must be posted on the committee's website.
(3) The meeting notice must identify the public body that is seeking certification or project approval, and where applicable, a description of projects to be considered at the meeting. The notice must indicate when, where, and how the public may present comments regarding the committee's certification of a public body or approval of a project. Information submitted by a public body to be reviewed at the meeting shall be available on the committee's website at the time the notice is published.
(4) The committee must allow for public comment on the appropriateness of certification of a public body or on the appropriateness of the use of the proposed contracting procedure and the qualifications of a public body to use the contracting procedure. The committee shall receive and record both written and oral comments at the public meeting.
[ 2013 c 222 § 6; 2007 c 494 § 106.]
NOTES:
Sunset Act application: See note following chapter digest.
Effective date—2013 c 222: See note following RCW 39.10.210.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.10 - Alternative Public Works Contracting Procedures. › 39.10.290 - Appeal process.

RCW 39.10.290
Appeal process.
Final determinations by the committee may be appealed to the board within seven days by the public body or by an interested party. A written notice of an appeal must be provided to the committee and, as applicable, to the public body. The board shall resolve an appeal within forty-five days of receipt of the appeal and shall send a written determination of its decision to the party making the appeal and to the appropriate public body, as applicable. The public body shall comply with the determination of the board.
[ 2007 c 494 § 109.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.10 - Alternative Public Works Contracting Procedures. › 39.10.320 - Design-build procedure—Project management and contracting requirements.

RCW 39.10.320
Design-build procedure—Project management and contracting requirements.
(1) A public body utilizing the design-build contracting procedure shall provide:
(a) Reasonable budget contingencies totaling not less than five percent of the anticipated contract value;
(b) Staff or consultants with expertise and prior experience in the management of comparable projects;
(c) Contract documents that include alternative dispute resolution procedures to be attempted prior to the initiation of litigation;
(d) Submission of project information, as required by the board;
(e) Contract documents that require the contractor, subcontractors, and designers to submit project information required by the board; and
(f) Contract documents that require the design builder to submit plans for inclusion of underutilized firms as subcontractors and suppliers including, but not limited to, the office of minority and women's business enterprises certified businesses, veteran certified businesses, and small businesses as allowed by law.
(2) A public body utilizing the design-build contracting procedure may provide incentive payments to contractors for early completion, cost savings, or other goals if such payments are identified in the request for proposals.
[ 2019 c 212 § 5; 2013 c 222 § 10; 2007 c 494 § 203; 1994 c 132 § 7. Formerly RCW 39.10.070.]
NOTES:
Sunset Act application: See note following chapter digest.
Effective date—2013 c 222: See note following RCW 39.10.210.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.10 - Alternative Public Works Contracting Procedures. › 39.10.340 - General contractor/construction manager procedure—Uses.

RCW 39.10.340
General contractor/construction manager procedure—Uses.
Subject to the process in RCW 39.10.270 or 39.10.280, public bodies may utilize the general contractor/construction manager procedure for public works projects where at least one of the following is met:
(1) Implementation of the project involves complex scheduling, phasing, or coordination;
(2) The project involves construction at an occupied facility which must continue to operate during construction;
(3) The involvement of the general contractor/construction manager during the design stage is critical to the success of the project;
(4) The project encompasses a complex or technical work environment;
(5) The project requires specialized work on a building that has historic significance; or
(6) The project is, and the public body elects to procure the project as, a heavy civil construction project. However, no provision of this chapter pertaining to a heavy civil construction project applies unless the public body expressly elects to procure the project as a heavy civil construction project.
[ 2014 c 42 § 3; 2013 c 222 § 12; 2007 c 494 § 301. Prior: 2003 c 352 § 3; 2003 c 300 § 5; 2002 c 46 § 2; 2001 c 328 § 3. Formerly RCW 39.10.061.]
NOTES:
Sunset Act application: See note following chapter digest.
Effective date—2013 c 222: See note following RCW 39.10.210.
Effective date—2002 c 46: See note following RCW 39.10.300.
Effective date—2001 c 328: See note following RCW 39.10.210.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.10 - Alternative Public Works Contracting Procedures. › 39.10.370 - General contractor/construction manager procedure—Maximum allowable construction cost.

RCW 39.10.370
General contractor/construction manager procedure—Maximum allowable construction cost.
(1) The maximum allowable construction cost shall be used to establish a total contract cost for which the general contractor/construction manager shall provide a performance and payment bond. The maximum allowable construction cost shall be negotiated between the public body and the selected firm when the construction documents and specifications are at least ninety percent complete.
(2) Major bid packages may be bid in accordance with RCW 39.10.380 before agreement on the maximum allowable construction cost between the public body and the selected general contractor/construction manager. The general contractor/construction manager may issue an intent to award to the responsible bidder submitting the lowest responsive bid.
(3) The public body may, at its option, authorize the general contractor/construction manager to proceed with the bidding and award of bid packages and construction before receipt of complete project plans and specifications. Any contracts awarded under this subsection shall be incorporated in the negotiated maximum allowable construction cost.
(4) The total contract cost includes the fixed amount for the detailed specified general conditions work, the negotiated maximum allowable construction cost, the negotiated support services, and the percent fee on the negotiated maximum allowable construction cost. Unless portions or all are converted to lump sum, negotiated support services shall be treated as a contractual allowance, subject to reconciliation at the conclusion of work.
(5) If the public body is unable to negotiate a satisfactory maximum allowable construction cost with the firm selected that the public body determines to be fair, reasonable, and within the available funds, negotiations with that firm shall be formally terminated and the public body shall negotiate with the next highest scored firm and continue until an agreement is reached or the process is terminated.
(6) If the maximum allowable construction cost varies more than 15 percent from the bid estimated maximum allowable construction cost due to requested and approved changes in the scope by the public body, the percent fee shall be renegotiated.
[ 2021 c 230 § 10; 2014 c 42 § 6; 2007 c 494 § 304.]
NOTES:
Sunset Act application: See note following chapter digest.
Effective date—2021 c 230: See note following RCW 39.10.210.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.10 - Alternative Public Works Contracting Procedures. › 39.10.390 - General contractor/construction manager procedure—Subcontract work.

RCW 39.10.390
General contractor/construction manager procedure—Subcontract work.
(1) Except as provided in this section, bidding on subcontract work or for the supply of equipment or materials by the general contractor/construction manager or its subsidiaries is prohibited.
(2) The general contractor/construction manager, or its subsidiaries, may bid on subcontract work or for the supply of equipment or materials if:
(a) The work within the subcontract bid package or equipment or materials is customarily performed or supplied by the general contractor/construction manager;
(b) The bid opening is managed by the public body and is in compliance with RCW 39.10.380; and
(c) Notification of the general contractor/construction manager's intention to bid is included in the public solicitation of bids for the bid package or for the equipment or materials.
(3) In no event may the general contractor/construction manager or its subsidiaries assign warranty responsibility or the terms of its contract or purchase order with vendors for equipment or material purchases to subcontract bid package bidders or subcontractors who have been awarded a contract. The value of subcontract work performed and equipment and materials supplied by the general contractor/construction manager may not exceed 30 percent of the negotiated maximum allowable construction cost, unless procured as a heavy civil construction project under this chapter. Negotiated support services performed by the general contractor/construction manager shall not be considered subcontract work for purposes of this subsection.
[ 2021 c 230 § 13; 2014 c 42 § 7; 2013 c 222 § 16; 2007 c 494 § 306.]
NOTES:
Sunset Act application: See note following chapter digest.
Effective date—2021 c 230: See note following RCW 39.10.210.
Effective date—2013 c 222: See note following RCW 39.10.210.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.10 - Alternative Public Works Contracting Procedures. › 39.10.410 - General contractor/construction manager procedure—Subcontract agreements.

RCW 39.10.410
General contractor/construction manager procedure—Subcontract agreements.
Subcontract agreements used by the general contractor/construction manager shall not:
(1) Delegate, restrict, or assign the general contractor/construction manager's implied duty not to hinder or delay the subcontractor. Nothing in this subsection (1) prohibits the general contractor/construction manager from requiring subcontractors not to hinder or delay the work of the general contractor/construction manager or other subcontractors and to hold subcontractors responsible for such damages;
(2) Delegate, restrict, or assign the general contractor/construction manager's authority to resolve subcontractor conflicts. The general contractor/construction manager may delegate or assign coordination of specific elements of the work, including: (a) The coordination of shop drawings among subcontractors; (b) the coordination among subcontractors in ceiling spaces and mechanical rooms; and (c) the coordination of a subcontractor's lower tier subcontractors. Nothing in this subsection prohibits the general contractor/construction manager from imposing a duty on its subcontractors to cooperate with the general contractor/construction manager and other subcontractors in the coordination of the work;
(3) Restrict the subcontractor's right to damages for changes to the construction schedule or work to the extent that the delay or disruption is caused by the general contractor/construction manager or entities acting for it. The general contractor/construction manager may require the subcontractor to provide notice that rescheduling or resequencing will result in delays or additional costs;
(4) Require the subcontractor to bear the cost of trade damage repair except to the extent the subcontractor is responsible for the damage. Nothing in this subsection (4) precludes the general contractor/construction manager from requiring the subcontractor to take reasonable steps to protect the subcontractor's work from trade damage; or
(5) Require the subcontractor to execute progress payment applications that waive claims for additional time or compensation or bond or retainage rights as a condition of receipt of progress payment, except to the extent the subcontractor has received or will receive payment. Nothing in this section precludes the general contractor/construction manager from requiring the subcontractor to provide notice of claims for additional time or compensation as a condition precedent to right of recovery or to execute a full and final release, including a waiver of bond and retainage rights, as a condition of final payment.
[ 2007 c 494 § 308.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.10 - Alternative Public Works Contracting Procedures. › 39.10.420 - Job order procedure—Public bodies may authorize and use.

RCW 39.10.420
Job order procedure—Public bodies may authorize and use.
(1) All public bodies of the state of Washington are authorized to award job order contracts and use the job order contracting procedure.
(2)(a) The department of enterprise services may issue job order contract work orders for Washington state parks department projects and public hospital districts.
(b) The department of enterprise services, the University of Washington, and Washington State University may issue job order contract work orders for the state regional universities and The Evergreen State College.
(3) Public bodies may use a job order contract for public works projects when a determination is made that the use of job order contracts will benefit the public by providing an effective means of reducing the total lead-time and cost for the construction of public works projects for repair and renovation required at public facilities through the use of unit price books and work orders by eliminating time-consuming, costly aspects of the traditional public works process, which require separate contracting actions for each small project.
[ 2019 c 212 § 7; 2017 c 136 § 1; 2016 c 52 § 1. Prior: 2013 c 222 § 18; 2013 c 186 § 1; 2012 c 102 § 1; 2009 c 75 § 7; 2007 c 494 § 401; 2003 c 301 § 1. Formerly RCW 39.10.130.]
NOTES:
Sunset Act application: See note following chapter digest.
Effective date—2013 c 222: See note following RCW 39.10.210.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.10 - Alternative Public Works Contracting Procedures. › 39.10.450 - Job order procedure—Work orders.

RCW 39.10.450
Job order procedure—Work orders.
(1) The maximum dollar amount for a work order is five hundred thousand dollars, excluding Washington state sales and use tax.
(2) All work orders issued for the same project shall be treated as a single work order for purposes of the dollar limit on work orders.
(3) No more than twenty percent of the dollar value of a work order may consist of items of work not contained in the unit price book.
(4) Any new stand-alone permanent structure constructed under a work order shall not exceed three thousand gross square feet.
(5) A public body may issue no work orders under a job order contract until it has approved, in consultation with the office of minority and women's business enterprises or the equivalent local agency, a plan prepared by the job order contractor that equitably spreads certified women and minority business enterprise subcontracting opportunities, to the extent permitted by the Washington state civil rights act, RCW 49.60.400, among the various subcontract disciplines.
(6) For purposes of chapters 39.08, 39.12, 39.76, and 60.28 RCW, each work order issued shall be treated as a separate contract. The alternate filing provisions of RCW 39.12.040(2) apply to each work order that otherwise meets the eligibility requirements of RCW 39.12.040(2).
(7) The job order contract shall not be used for the procurement of architectural or engineering services not associated with specific work orders. Architectural and engineering services shall be procured in accordance with RCW 39.80.040.
(8) Any work order over three hundred fifty thousand dollars, excluding Washington state sales and use tax, and including over six hundred single trade hours shall utilize a state registered apprenticeship program for that single trade in accordance with RCW 39.04.320. Awarding entities may adjust this requirement for a specific work order for the following reasons:
(a) The demonstrated lack of availability of apprentices in specific geographic areas;
(b) A disproportionately high ratio of material costs to labor hours, which does not make feasible the required minimum levels of apprentice participation;
(c) Participating contractors have demonstrated a good faith effort to comply with the requirements of RCW 39.04.300 and 39.04.310; or
(d) Other criteria the awarding entity deems appropriate.
[ 2019 c 212 § 10; 2012 c 102 § 2; 2007 c 494 § 404.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.10 - Alternative Public Works Contracting Procedures. › 39.10.460 - Job order procedure—Required information.

RCW 39.10.460
Job order procedure—Required information.
Each public body shall maintain and make available the following information for each job order contract:
(1) A list of work orders issued;
(2) The cost of each work order;
(3) A list of subcontractors hired under each work order, including whether those subcontractors were certified small, minority, women, or veteran-owned businesses; and
(4) A copy of the intent to pay prevailing wage and the affidavit of wages paid for each work order subcontract.
[ 2021 c 230 § 17; 2012 c 102 § 3; 2007 c 494 § 405.]
NOTES:
Sunset Act application: See note following chapter digest.
Effective date—2021 c 230: See note following RCW 39.10.210.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.10 - Alternative Public Works Contracting Procedures. › 39.10.470 - Public inspection of certain records—Protection of trade secrets—Protection of documents submitted.

RCW 39.10.470
Public inspection of certain records—Protection of trade secrets—Protection of documents submitted.
(1) Except as provided in subsections (2) and (3) of this section, all proceedings, records, contracts, and other public records relating to alternative public works transactions under this chapter shall be open to the inspection of any interested person, firm, or corporation in accordance with chapter 42.56 RCW.
(2) Trade secrets, as defined in RCW 19.108.010, or other proprietary information submitted by a bidder, offeror, or contractor in connection with an alternative public works transaction under this chapter shall not be subject to chapter 42.56 RCW if the bidder, offeror, or contractor specifically states in writing the reasons why protection is necessary, and identifies the data or materials to be protected.
(3) All documents related to a procurement under RCW 39.10.330 are exempt from disclosure until the notification of the highest scoring finalist is made in accordance with RCW 39.10.330(6) or the selection process is terminated, except as expressly required under RCW 39.10.330(3).
[ 2019 c 212 § 11; 2014 c 19 § 2; 2005 c 274 § 275; 1994 c 132 § 10. Formerly RCW 39.10.100.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.10 - Alternative Public Works Contracting Procedures. › 39.10.480 - Construction of chapter—Waiver of other limits and requirements.

RCW 39.10.480
Construction of chapter—Waiver of other limits and requirements.
This chapter shall not be construed to affect or modify the existing statutory, regulatory, or charter powers of public bodies except to the extent that a procedure authorized by this chapter is adopted by a public body for a particular public works project. In that event, the normal contracting or procurement limits or requirements of a public body as imposed by statute, ordinance, resolution, or regulation shall be deemed waived or amended only to the extent necessary to accommodate such procedures for a particular public works project.
[ 1994 c 132 § 9. Formerly RCW 39.10.090.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.10 - Alternative Public Works Contracting Procedures. › 39.10.490 - Application of chapter.

RCW 39.10.490
Application of chapter.
The alternative public works contracting procedures authorized under this chapter are limited to public works contracts signed before July 1, 2031. Methods of public works contracting authorized under this chapter shall remain in full force and effect until completion of contracts signed before July 1, 2031.
[ 2021 c 230 § 18; 2013 c 222 § 20; 2007 c 494 § 501; 2001 c 328 § 5. Prior: 1997 c 376 § 7; 1997 c 220 § 404 (Referendum Bill No. 48, approved June 17, 1997); 1995 3rd sp.s. c 1 § 305; 1994 c 132 § 12. Formerly RCW 39.10.120.]
NOTES:
Sunset Act application: See note following chapter digest.
Effective date—2021 c 230: See note following RCW 39.10.210.
Effective date—2013 c 222: See note following RCW 39.10.210.
Effective date—2001 c 328: See note following RCW 39.10.210.
Effective date—1997 c 376: See note following RCW 39.10.210.
Referendum—Other legislation limited—Legislators' personal intent not indicated—Reimbursements for election—Voters' pamphlet, election requirements—1997 c 220: See RCW 36.102.800 through 36.102.803.
Part headings not law—Effective date—1995 3rd sp.s. c 1: See notes following RCW 82.14.0485.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.10 - Alternative Public Works Contracting Procedures. › 39.10.900 - Captions not law—1994 c 132.

RCW 39.10.900
Captions not law—1994 c 132.
Captions as used in this act do not constitute any part of law.
[ 1994 c 132 § 13.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.10 - Alternative Public Works Contracting Procedures. › 39.10.901 - Severability—1994 c 132.

RCW 39.10.901
Severability—1994 c 132.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
[ 1994 c 132 § 14.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.10 - Alternative Public Works Contracting Procedures. › 39.10.903 - Part headings and captions not law—2007 c 494.

RCW 39.10.903
Part headings and captions not law—2007 c 494.
Part headings and captions used in chapter 494, Laws of 2007 are not any part of the law.
[ 2007 c 494 § 510.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.10 - Alternative Public Works Contracting Procedures. › 39.10.904 - Effective dates—2007 c 494.

RCW 39.10.904
Effective dates—2007 c 494.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007, except for section 104 of this act, which takes effect immediately [May 15, 2007], and section 508 of this act, which takes effect June 30, 2007.
[ 2007 c 494 § 512.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.10 - Alternative Public Works Contracting Procedures. › 39.10.905 - Severability—2007 c 494.

RCW 39.10.905
Severability—2007 c 494.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
[ 2007 c 494 § 513.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.12 - Prevailing Wages on Public Works. › 39.12.015 - Industrial statistician to make determinations of prevailing rate.

RCW 39.12.015
Industrial statistician to make determinations of prevailing rate.
(1) All determinations of the prevailing rate of wage shall be made by the industrial statistician of the department of labor and industries.
(2) The time period for recovery of any wages owed to a worker affected by the determination is tolled until the prevailing wage determination is final.
(3)(a) Except as provided in RCW 39.12.017, and notwithstanding RCW 39.12.010(1), the industrial statistician shall establish the prevailing rate of wage by adopting the hourly wage, usual benefits, and overtime paid for the geographic jurisdiction established in collective bargaining agreements for those trades and occupations that have collective bargaining agreements. For trades and occupations with more than one collective bargaining agreement in the county, the higher rate will prevail.
(b) For trades and occupations in which there are no collective bargaining agreements in the county, the industrial statistician shall establish the prevailing rate of wage as defined in RCW 39.12.010 by conducting wage and hour surveys. In instances when there are no applicable collective bargaining agreements and conducting wage and hour surveys is not feasible, the industrial statistician may employ other appropriate methods to establish the prevailing rate of wage.
[ 2019 c 29 § 2. Prior: 2018 c 248 § 1; 2018 c 242 § 1; 1965 ex.s. c 133 § 2.]
NOTES:
Intent—2019 c 29: "The legislature intends that the methodology for establishing the prevailing rates of wages under this act applies only to affordable housing, homeless and domestic violence shelters, and low-income weatherization and home rehabilitation programs." [ 2019 c 29 § 1.]
Effective date—2019 c 29: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 17, 2019]." [ 2019 c 29 § 5.]
Publication of wage rates—Effective date—2019 c 29: See note following RCW 39.12.017.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.12 - Prevailing Wages on Public Works. › 39.12.020 - Prevailing rate to be paid on public works and under public building service maintenance contracts—Posting of statement of intent—Exception.

RCW 39.12.020
Prevailing rate to be paid on public works and under public building service maintenance contracts—Posting of statement of intent—Exception.
The hourly wages to be paid to laborers, workers, or mechanics, upon all public works and under all public building service maintenance contracts of the state or any county, municipality or political subdivision created by its laws, shall be not less than the prevailing rate of wage for an hour's work in the same trade or occupation in the locality within the state where such labor is performed. For a contract in excess of ten thousand dollars, a contractor required to pay the prevailing rate of wage shall post in a location readily visible to workers at the jobsite: PROVIDED, That on road construction, sewer line, pipeline, transmission line, street, or alley improvement projects for which no field office is needed or established, a contractor may post the prevailing rate of wage statement at the contractor's local office, gravel crushing, concrete, or asphalt batch plant as long as the contractor provides a copy of the wage statement to any employee on request:
(1) A copy of a statement of intent to pay prevailing wages approved by the industrial statistician of the department of labor and industries under RCW 39.12.040; and
(2) The address and telephone number of the industrial statistician of the department of labor and industries where a complaint or inquiry concerning prevailing wages may be made.
This chapter shall not apply to workers or other persons regularly employed by the state, or any county, municipality, or political subdivision created by its laws.
[ 2007 c 169 § 1; 1989 c 12 § 7; 1982 c 130 § 1; 1981 c 46 § 1; 1967 ex.s. c 14 § 1; 1945 c 63 § 1; Rem. Supp. 1945 § 10322-20.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.12 - Prevailing Wages on Public Works. › 39.12.021 - Prevailing rate to be paid on public works—Apprentice workers.

RCW 39.12.021
Prevailing rate to be paid on public works—Apprentice workers.
Apprentice workers employed upon public works projects for whom an apprenticeship agreement has been registered and approved with the state apprenticeship council pursuant to chapter 49.04 RCW, must be paid at least the prevailing hourly rate for an apprentice of that trade. Any worker for whom an apprenticeship agreement has not been registered and approved by the state apprenticeship council shall be considered to be a fully qualified journey level worker, and, therefore, shall be paid at the prevailing hourly rate for journey level workers.
[ 1989 c 12 § 8; 1963 c 93 § 1.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.12 - Prevailing Wages on Public Works. › 39.12.026 - Surveys—Applicability by county—Electronic option.

RCW 39.12.026
Surveys—Applicability by county—Electronic option.
(1) In establishing the prevailing rate of wage under RCW 39.12.010, 39.12.015, and 39.12.020, all data collected by the department of labor and industries may be used only in the county for which the work was performed.
(2) The department of labor and industries must provide registered contractors with the option of completing a wage survey electronically.
[ 2015 3rd sp.s. c 40 § 2; 2003 c 363 § 206.]
NOTES:
Effective date—2015 3rd sp.s. c 40: See note following RCW 39.04.320.
Findings—Intent—2003 c 363 §§ 201-206: See note following RCW 49.04.141.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.12 - Prevailing Wages on Public Works. › 39.12.030 - Contract specifications must state minimum hourly rate—Stipulation for payment—Residential and commercial construction work.

RCW 39.12.030
Contract specifications must state minimum hourly rate—Stipulation for payment—Residential and commercial construction work.
(1) The specifications for every contract for the construction, reconstruction, maintenance or repair of any public work to which the state or any county, municipality, or political subdivision created by its laws is a party, shall contain a provision stating the hourly minimum rate of wage, not less than the prevailing rate of wage, which may be paid to laborers, workers, or mechanics in each trade or occupation required for such public work employed in the performance of the contract either by the contractor, subcontractor or other person doing or contracting to do the whole or any part of the work contemplated by the contract, and the contract shall contain a stipulation that such laborers, workers, or mechanics shall be paid not less than such specified hourly minimum rate of wage. If the awarding agency determines that the work contracted for meets the definition of residential construction, the contract must include that information.
(2) If the hourly minimum rate of wage stated in the contract specifies residential construction rates and it is later determined that the work performed is commercial and subject to commercial construction rates, the state, county, municipality, or political subdivision that entered into the contract must pay the difference between the residential rate stated and the actual commercial rate to the contractor, subcontractor, or other person doing or contracting to do the whole or any part of the work under the contract.
[ 2009 c 62 § 1; 1989 c 12 § 9; 1945 c 63 § 2; Rem. Supp. 1945 § 10322-21.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.12 - Prevailing Wages on Public Works. › 39.12.042 - Compliance with RCW 39.12.040—Liability of public agencies to workers, laborers, or mechanics.

RCW 39.12.042
Compliance with RCW 39.12.040—Liability of public agencies to workers, laborers, or mechanics.
If any agency of the state, or any county, municipality, or political subdivision created by its laws shall knowingly fail to comply with the provisions of RCW 39.12.040 as now or hereafter amended, such agency of the state, or county, municipality, or political subdivision created by its laws, shall be liable to all workers, laborers, or mechanics to the full extent and for the full amount of wages due, pursuant to the prevailing wage requirements of RCW 39.12.020.
[ 1993 c 404 § 3; 1989 c 12 § 11; 1975-'76 2nd ex.s. c 49 § 2.]
NOTES:
Effective date—1993 c 404: See note following RCW 39.12.070.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.12 - Prevailing Wages on Public Works. › 39.12.050 - False statement, failure to file, or failure to post document required to be posted—Penalty—Unpaid wages lien against bond and retainage—Prohibitions on bidding on future contracts—Hearing—Exception.

RCW 39.12.050
False statement, failure to file, or failure to post document required to be posted—Penalty—Unpaid wages lien against bond and retainage—Prohibitions on bidding on future contracts—Hearing—Exception.
(1) Any contractor or subcontractor who files a false statement or fails to file any statement or record required to be filed or fails to post a document required to be posted under this chapter and the rules adopted under this chapter, shall, after a determination to that effect has been issued by the director after hearing under chapter 34.05 RCW, forfeit as a civil penalty the sum of $500 for each false filing or failure to file or post, and shall not be permitted to bid, or have a bid considered, on any public works contract until the penalty has been paid in full to the director. The civil penalty under this subsection does not apply to a violation determined by the director to be an inadvertent filing or reporting error. The burden of proving, by a preponderance of the evidence, that an error is inadvertent rests with the contractor or subcontractor charged with the error. Civil penalties shall be deposited in the public works administration account.
To the extent that a contractor or subcontractor has not paid wages at the rate due pursuant to RCW 39.12.020, and a finding to that effect has been made as provided by this subsection, such unpaid wages constitute a lien against the bonds and retainage as provided in RCW 18.27.040, 18.106.410, 19.28.041, 39.08.010, and 60.28.011.
(2) If a contractor or subcontractor is found to have violated the provisions of subsection (1) of this section for a second time within a five year period, the contractor or subcontractor is subject to the sanctions prescribed in subsection (1) of this section and shall not be allowed to bid on any public works contract for one year. The one year period runs from the date of notice by the director of the determination of noncompliance. When an appeal is taken from the director's determination, the one year period commences from the date the notice of violation becomes final.
The director shall issue his or her findings that a contractor or subcontractor has violated the provisions of this subsection after a hearing held subject to the provisions of chapter 34.05 RCW, unless a notice of violation is not timely appealed. A notice of violation not timely appealed is final and binding, and not subject to further appeal.
[ 2023 c 88 § 3; 2019 c 242 § 3; 2009 c 219 § 3; 2001 c 219 § 1; 1985 c 15 § 3; 1977 ex.s. c 71 § 1; 1973 c 120 § 1; 1945 c 63 § 5; Rem. Supp. 1945 § 10322-24.]
NOTES:
Effective date—Findings—2019 c 242: See notes following RCW 39.12.010.
Severability—1985 c 15: See note following RCW 39.12.065.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.12 - Prevailing Wages on Public Works. › 39.12.055 - Prohibitions on bidding on future contracts.

RCW 39.12.055
Prohibitions on bidding on future contracts.
Except as otherwise provided in RCW 49.105.040, a contractor shall not be allowed to bid on any public works contract for one year from the date of a final determination that the contractor has committed any combination of two of the following violations or infractions within a five-year period:
(1) Violated RCW 51.48.020(1) or 51.48.103;
(2) Committed an infraction or violation under chapter 18.27, 18.106, 19.28, or 70.87 RCW for performing work as an unregistered or unlicensed contractor; or
(3) Determined to be out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW.
[ 2023 c 145 § 6; 2023 c 88 § 4; 2009 c 197 § 3; 2008 c 120 § 3.]
NOTES:
Reviser's note: This section was amended by 2023 c 88 § 4 and by 2023 c 145 § 6, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Rules—Implementation—2009 c 197: See note following RCW 39.04.320.
Conflict with federal requirements—Severability—2008 c 120: See notes following RCW 18.27.030.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.12 - Prevailing Wages on Public Works. › 39.12.060 - Director of labor and industries to arbitrate disputes.

RCW 39.12.060
Director of labor and industries to arbitrate disputes.
Such contract shall contain a further provision that in case any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the director of the department of labor and industries of the state and his or her decision therein shall be final and conclusive and binding on all parties involved in the dispute.
[ 1989 c 12 § 10; 1965 ex.s. c 133 § 4; 1945 c 63 § 6; Rem. Supp. 1945 § 10322-25.]
NOTES:
Arbitration of disputes: Chapter 49.08 RCW.
Uniform arbitration act: Chapter 7.04A RCW.