(1) The "acceptance date of the public works
project" referred to in
RCW
39.12.065 is the date that the contract
awarding agency formally accepts the completed public works project pursuant to
state law.
(2)RCW
39.12.050 and
39.12.065 refer to "inadvertent
filing or reporting error." The department defines an error as "inadvertent" if
it is made by a contractor, as defined by WAC
296-127-010(5),
or employer that shows that the error was made notwithstanding the use of due
care by the contractor or employer. The burden of proving that an error is
inadvertent rests with the contractor or employer charged with the
error.
(3) The definition of
"locality" in
RCW
39.12.010(2) contains the
phrase "wherein the physical work is being performed." The department
interprets this phrase to mean the actual work site. For example, if
nonstandard items specifically produced for public works projects are
prefabricated in a county other than the county wherein the public works
project is to be completed, the wage for the offsite prefabrication shall be
the applicable prevailing wage for the county in which the actual
prefabrication takes place. Workers who deliver such nonstandard items, as well
as materials pursuant to the terms of WAC
296-127-018, shall be paid the
applicable prevailing wage for the county in which the public works project is
located.
(4) In the implementation
and enforcement of
RCW
39.12.050 the terms "contractor" and
"subcontractor" include an entity, however organized, with substantially
identical corporate and/or operational structure to an entity that has been
found to violate
RCW
39.12.050. The factors used to determine
substantial identity shall include an assessment of whether there is:
Substantial continuity of the same business operation; use of the same
machinery and/or equipment; similarity of jobs and types of working conditions;
continuity of supervisors; and similarity of product or services.
