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PUBLIC WORKS
“Public work” means all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the state or of any municipality, or which is by law a lien or charge on any property therein. All public works, including maintenance, when performed by contract, shall comply with chapter 39.12 RCW.
ESSB 5035 was passed into law and became effective January 1, 2020. This law enhances the prevailing wage laws to ensure contractor and owner accountability and worker protection. As of January 1, 2020, weekly certified payroll reports are required to be filed online with L&I at least once a month for all public works projects. This change affects all public works projects including those that are in progress and all new ones moving forward. Please note, contractors can be penalized for failing to file.
Prevailing Wage Intent/Affidavit Step-by-Step Instructions
Certificated Payroll How-To-Do Videos
How To Upload Certified Payroll
Contract Amount (Before WSST)
The Contract Number is the Purchase Order Number
- $2,499 or less
- NO subcontractors: SVSD will complete a combined I/A form with L&I. The contractor will then be responsible for completing the project with L&I. Once a combined form number has been assigned, SVSD will be able to release payment.
- WITH subcontractors: The contractor must complete an electronic intent/affidavit with L&I. Full payment will be released once L&I shows an intent/affidavit has been completed by the contractor and all subcontractors. Only then will SVSD be able to release payment.
- ESSB 5032 has the requirement of a weekly Certified Payroll to be submitted to L&I at least once a month. L&I has to evaluate the storage, security and accessibility of the project's records. Therefore, your records will only be accepted electronically using 'My Secure L&I'. L&I will no longer accept paper submissions. There is no filing fee.
- $2,500 - $34,999: Intents from the contractor and all subcontractors must be filed with L&I before any payment can be released on this project. SVSD will hold 10% of the contract amount (before tax) as retainage. SVSD will be able to release this retainage once all working parties have filed their affidavit of wages paid with L&I.
- $35,000-$149,999: Intents from the contractor and all subcontractors must be filed with L&I before any payment can be released on this project. SVSD will hold 10% of the contract amount (before tax) as retainage. The contractor and all subcontractors must complete the affidavit of wages paid before SVSD can submit a Notice of Completion (NOC). Once the NOC has been approved and released by ESD, DOR, and L&I, SVSD will be able to release retainage and close the project.
- $150,000+: Contractor must submit a Payment & Performance bond before work can begin. Intents from the contractor and all subcontractors must be filed with L&I before any payment can be released on this project. SVSD will hold 5% of the contract amount (before tax) as retainage. The contractor and all subcontractors must complete their affidavit of wages paid before SVSD can submit a Notice of Completion (NOC). Once the NOC has been approved/released by ESD, DOR, and L&I, SVSD will be able to release retainage.
Requirement Summary
- $2,499 or less