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AGO Opinions with Topic: PUBLIC WORKS
AGO 1970 No. 21 >  October 5, 1970
CONTRACTS - PUBLIC WORKS
INVESTMENT OF THE RETAINED PERCENTAGE OF MONEYS EARNED IN PUBLIC WORKS CONTRACTS Section 1, chapter 38, Laws of 1970, relating to the investment of the retained percentage of moneys earned in public works contracts, is not applicable to contracts which were executed prior to its effective date.
AGO 1971 No. 1 >  January 5, 1971
DISTRICTS - SCHOOLS - PENSIONS - PUBLIC WORKS
PENSION PROGRAM FOR NONCERTIFICATED SCHOOL DISTRICT EMPLOYEES (1) RCW 41.40.410, as amended by § 1, chapter 84, Laws of 1965, requires all public school districts to provide coverage in the Washington public employees' retirement system for their eligible noncertificated employees even though such employees may be members of a craft or trade union which has its own union pension trust plan; the fact of membership in such a craft or trade union does not constitute a basis for personal ineligibility for membership in the public employees' retirement system under the provisions of RCW 41.40.120.(2) Chapter 39.12 RCW, providing for payment of the "prevailing rate of wage" (including pension benefits, where applicable) on public works projects does not apply when a school district directly hires noncertificated craft or trade union members on a regular basis to perform work on school district property under the supervision of the school district administrators.(3) A school district which is covering its noncertificated employees under the Washington public employees' retirement system is not authorized to make additional pension contributions to a union pension trust fund set up by a craft or trade union to which these employees belong.
AGO 1971 No. 2 >  January 13, 1971
CONTRACTS - PUBLIC WORKS - RETAINED PERCENTAGE OF MONEYS - BID SPECIFICATIONS
CONTRACTS ‑- PUBLIC WORKS ‑- RETAINED PERCENTAGE OF MONEYS ‑- BID SPECIFICATIONS (1) A public body to which RCW 60.28.010 applies, in calling for bids for a public works contract, may not require in its bid specifications or otherwise that all prospective bidders indicate in their bid proposals whether or not they will elect to have the retained percentage of moneys earned on the contract placed in escrow for investment as provided for in § 1, chapter 38, Laws of 1970, instead of leaving it with the public body.(2) A public body to which RCW 60.28.010 applies, in determining the lowest and best bidder for a public works contract, may not, in awarding the contract, take into account a statement of intent by a particular bidder as to whether or not, if awarded the contract, he will elect to leave his "retained percentage" with the public body pending completion of his performance under the contract.
AGO 1975 No. 9 >  May 1, 1975
LABOR - CONTRACTS - PUBLIC WORKS - STANDARDS FOR DETERMINING WAGE - FRINGE BENEFITS
LABOR ‑- CONTRACTS ‑- PUBLIC WORKS ‑- STANDARDS FOR DETERMINING WAGE ‑- FRINGE BENEFITS The requirement of chapter 39.12 RCW that the "prevailing rate of wage" be paid to laborers, workmen or mechanics upon all public works of the state, or any county, municipality, or political subdivision, does not necessitate that such persons employed subject to its provisions be provided with actual "bona fide fringe benefit programs" so long as wages are paid in an amount which includes the prevailing costs of such programs as are identified in RCW 39.12.010.
AGO 1984 No. 17 >  July 31, 1984
PUBLIC WORKS - CONTRACTS - COMPETITIVE BIDDING
CONTRACT FOR CONSTRUCTION OF WASHINGTON STATE CONVENTION AND TRADE CENTER Under chapter 39.04 RCW, and consistent with public policy as expressed in judicial decisions regarding public works contracts, the concept of competitive bidding is applicable with regard to the awarding of a construction management contract by the Washington State Convention and Trade Center insofar as that contract would cover the construction phase of the Convention and Trade Center project.
AGO 1985 No. 5 >  February 7, 1985
PUBLIC WORKS - EMPLOYEES - APPRENTICES
APPLICABILITY OF STATE PREVAILING WAGE LAW A federal Bureau of Apprenticeship and Training (BAT) apprentice program may not be substituted for a state‑approved apprenticeship program under chapter 49.04 RCW for the purposes of ascertainment of the prevailing wage on public works projects under RCW 39.12.021.
AGO 1994 No. 14 >  September 16, 1994
PUBLIC WORKS - PUBLIC AGENCY CONTRACTS - CONTRACTORS AND SUBCONTRACTORS
Obligation of general contractor to list subcontractors on public works bid A general contractor is obligated by RCW 39.30.060, as amended, to submit a list of the major subcontractors it will actually use on a public works contract if awarded the bid; the statute assigns no specific duties to public agencies in implementing its provisions, and does not specify a procedure for substituting subcontractors after the bid award.
AGO 1988 No. 17 >  September 20, 1988
PUBLIC WORKS - HOSPITAL DISTRICTS
PREVAILING WAGE LAW 1.If a public hospital district constructs a district project through the device of leasing public hospital district property to a private property and leasing back some or all of it for hospital district use, the project is a public work for purposes of chapter 39.12 RCW, the prevailing wage law.2.If a public hospital district leases district property to a private party, with buildings or other structures to be constructed and used partly for public and partly for private purposes, or if the public hospital district as lessor has a significant reversionary interest in a building to be constructed by the lessee, the project may or may not be a public work for purposes of the prevailing wage law, depending on the primary purpose of the project and the other facts bearing on a specific case.
AGO 1967 No. 15 >  May 2, 1967
LABOR - CONTRACTS - PUBLIC WORKS - APPLICATION OF PREVAILING WAGE LAW TO PREFABRICATION - STANDARDS FOR DETERMINING PREVAILING WAGE
LABOR - CONTRACTS - PUBLIC WORKS - APPLICATION OF PREVAILING WAGE LAW TO PREFABRICATION - STANDARDS FOR DETERMINING PREVAILING WAGE (1) The requirement of chapter 39.12 RCW that "the prevailing rate of wage" be paid to laborers, workmen or mechanics upon all public works of the state, or any county, municipality or political subdivision, is applicable to labor performed in off-the job site prefabrication by employees of the prime contractor, subcontractors, or other persons doing or contracting to do the whole or any part of the work contemplated by the contract -provided that the prefabricated "item or member" is produced specially for the particular public works project and not merely as a standard item for sale on the general market. (2) All determinations of the prevailing rate of wage shall be made by the industrial statistician of the department of labor and industries. (3) The standards to be used in determining the prevailing rate of wage are set forth in full in RCW 39.12.010.
AGO 1953 No. 171 >  November 18, 1953
CONTRACTS - PUBLIC WORKS - PUBLIC PRINTING - FIVE PER CENT DIFFERENTIAL FAVORING STATE FIRMS - NO AUTHORITY TO EXCEED STATUTORY PERCENTAGE
CONTRACTS ‑- PUBLIC WORKS ‑- PUBLIC PRINTING ‑- FIVE PER CENT DIFFERENTIAL FAVORING STATE FIRMS ‑- NO AUTHORITY TO EXCEED STATUTORY PERCENTAGE The state printer has no authority to contract with commercial printing firms where the bid price quoted by such company exceeds by more than five per cent the bid price quoted by competing out-of-state printing companies.
AGLO 1976 No. 63 >  October 15, 1976
PUBLIC WORKS - CONTRACTS - LABOR
OUT-OF-STATE PREFABRICATION Neither chapter 39.12 nor chapter 39.16 RCW are applicable to labor performed outside of the state of Washington under a public works contract with a state agency or political subdivision of the state of Washington.
AGO 2009 No. 2 >  April 24, 2009
PUBLIC HOUSING AUTHORITIES - PUBLIC WORKS
Whether statute governing alternative public works contracting procedures applies to public housing authorities Public housing authorities are “public bodies” as defined in RCW 39.10.210(12) and are therefore subject to the provisions of RCW 39.10.
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