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WIFA Contract Package – June 2019
Page 1 of 22
Governmental
Water Infrastructure Finance Authority of Arizona
Clean Water Revolving Fund
Drinking Water Revolving Fund
CONTRACT PACKET for Governmental Borrowers
This packet lists required contract conditions that apply to all Clean Water and
Drinking Water Revolving Fund projects and contains forms that must be used in the
procurement process. Please review this packet prior to bidding.
PLEASE NOTE
• This packet, in its entirety, must be physically included in all bidding,
solicitation and contract documents.
• Use of American Iron and Steel (AIS) applies to this project.:
o AIS includes the following products made primarily of iron or steel: lined
or unlined pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves, structural
steel, reinforced precast concrete, and construction materials.
• Federal Davis-Bacon prevailing wages apply to this project.
o Payment of the wages, fringe benefits and overtime rates is required.
o The appropriate Federal (Davis-Bacon) Prevailing Wage Decision must be
physically incorporated into the bidding and contract documents.
o The construction category of Heavy (excluding dam construction) should
typically be applied to all projects funded by WIFA. If you believe that a
different category of wages, such as Building, should be applied to your
project or portions of your project, please contact WIFA in advance.
o Weekly certified payroll submittal is required under the Federal Davis-
Bacon laws.
• Compliance with the Civil Rights Act and Equal Employment Opportunity is
required.
• Promotion of Small, Minority and Women-owned Businesses and participation in
EPA’s Disadvantaged Business Enterprise (DBE) Program is required.
WIFA Contract Package – June 2019
Page 2 of 22
Governmental
Water Infrastructure Finance Authority of Arizona
Clean Water Revolving Fund
Drinking Water Revolving Fund
Required Contract Conditions
This project is being financed in whole or in part by the Water Infrastructure Finance
Authority of Arizona through the Clean Water or Drinking Water Revolving Fund. The
loan recipient is required to comply with the following federal and state laws, rules and
regulations and must ensure that their contractor(s) also comply(ies) with these
regulations, laws and rules.
1. (i) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352, 42 U.S.C. Sec.
2000d), (ii) the Rehabilitation Act of 1973 (Pub. L. 93-1123, 87 Stat. 355, 29
U.S.C. Sec. 794), (iii) the Age Discrimination Act of 1975 (Pub. L. 94-135 Sec.
303, 89 Stat. 713, 728, 42 U.S.C. Sec. 6102), (iv) Section 13 of the Federal Water
Pollution Control Act (Pub. L. 92-500, 33 U.S.C. Sec. 1251), and subsequent
regulations, ensures access to facilities or programs regardless of race, color,
national origin, sex, age or handicap.
2. Equal Employment Opportunity (Executive Order 11246, as amended by
Executive Orders 11375 and 12086 and subsequent regulations). Prohibits
employment discrimination on the basis of race, color, religion, sex or national
origin. Inclusion of the seven clauses in Section 202 of Executive Order 11246 as
amended by Executive Orders 11375 and 12086 are required in all project related
contracts and subcontracts over $10,000.
3. (i) Promoting the use of Small, Minority, and Women-owned Businesses
(Executive Orders 11625, 12138 and 12432), (ii) Small Businesses
Reauthorization & Amendment Act of 1988 (Section 129 of Pub. L. 100-590),
(iii) Department of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1993 (Pub. L. 102-389, 42 U.S.C. Sec.
437d), and (iv) Title X of the Clean Air Acts Amendments of 1990 (Pub. L. 101-
549, 42 U.S.C. Sec. 7601 note) (“EPA’s 10% statute”). Encourages recipients to
award construction, supply and professional service contracts to minority and
women’s business enterprises (MBE/WBE) and small businesses and requires
recipients to utilize affirmative steps in procurement.
4. Participation by Disadvantaged Business Enterprises in Procurement under
Environmental Protection Agency (EPA) Financial Assistance Agreements (40
C.F.R. Part 33).
5. Debarment and Suspension (Executive Order 12549). Prohibits entering into
contracts or sub-contracts with individuals or businesses who are debarred or
suspended. Borrowers are required to check the status of all contractors
(construction and professional services) and must require contractors to check the
status of subcontractors for contracts expected to be equal to or over $25,000 via
this Internet address: https://beta.SAM.gov.
WIFA Contract Package – June 2019
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Governmental
6. E-Verify (A.R.S. § 41-4401). A governmental entity shall not award a contract to
any contractor or subcontractor that fails to comply with A.R.S. § 23-214(A).
Every government entity shall (i) ensure that every government entity contractor
and subcontractor complies with the federal immigration laws and regulations that
relate to their employees and A.R.S. § 23-214(A); (ii) require that every
government entity contract include the required provisions listed under A.R.S. §
41-4401(A); and (iii) establish procedures to conduct random verification of the
employment records of government entity contractors and subcontractors.
WIFA Contract Package – June 2019
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Governmental
Water Infrastructure Finance Authority of Arizona
Clean Water Revolving Fund
Drinking Water Revolving Fund
Use of American Iron and Steel
Public Law 113-76, enacted January 17, 2014
SEC. 436. (a)(1) None of the funds made available by a State water pollution control
revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33
U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund
as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) shall
be used for a project for the construction, alteration, maintenance, or repair of a public
water system or treatment works unless all of the iron and steel products used in the
project are produced in the United States.
(2) In this section, the term ‘‘iron and steel products’’ means the following products
made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and
other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category of cases in which the
Administrator of the Environmental Protection Agency (in this section referred to as the
‘‘Administrator’’) finds that—
(1) applying subsection (a) would be inconsistent with the public interest;
(2) iron and steel products are not produced in the United States in sufficient and
reasonably available quantities and of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the United States will increase
the cost of the overall project by more than 25 percent.
(c) If the Administrator receives a request for a waiver under this section, the
Administrator shall make available to the public on an informal basis a copy of the
request and information available to the Administrator concerning the request, and shall
allow for informal public input on the request for at least 15 days prior to making a
finding based on the request. The Administrator shall make the request and
accompanying information available by electronic means, including on the official public
Internet Web site of the Environmental Protection Agency.
(d) This section shall be applied in a manner consistent with United States obligations
under international agreements.
(e) The Administrator may retain up to 0.25 percent of the funds appropriated in this Act
for the Clean and Drinking Water State Revolving Funds (CWSRF and DWSRF) for
carrying out the provisions described in subsection (a)(1) for management and oversight
of the requirements of this section.
(f) This section does not apply with respect to a project if a State agency approves the
engineering plans and specifications for the project, in that agency’s capacity to approve
such plans and specifications prior to a project requesting bids, prior to the date of the
enactment of this Act.
WIFA Contract Package – June 2019
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Governmental
Highlights from EPA Guidance on Use of American Iron and Steel
Complete document available at http://water.epa.gov/grants_funding/aisrequirement.cfm
What is considered American Iron and Steel?
What is an iron or steel product?
For purposes of the CWSRF and DWSRF projects that must comply with the AIS
requirement, an iron or steel product is one of the following made primarily of iron or
steel that is permanently incorporated into the public water system or treatment works:
lined or unlined pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced
precast concrete, and construction materials.
What is a ‘construction material’ for purposes of the AIS requirement?
Construction materials are those articles, materials, or supplies made primarily of iron
and steel, that are permanently incorporated into the project, not including mechanical
and/or electrical components, equipment and systems. Some of these products may
overlap with what is also considered “structural steel”. This includes, but is not limited
to, the following products: wire rod, bar, angles, concrete reinforcing bar, wire, wire
cloth, wire rope and cables, tubing, framing, joists, trusses, fasteners (i.e., nuts and bolts),
welding rods, decking, grating, railings, stairs, access ramps, fire escapes, ladders, wall
panels, dome structures, roofing, ductwork, surface drains, cable hanging systems,
manhole steps, fencing and fence tubing, guardrails, doors, and stationary screens.
What is NOT considered American Iron and Steel?
What is NOT considered a ‘construction material’ for purposes of the AIS
requirement?
Mechanical and electrical components, equipment and systems are NOT considered
construction materials. Mechanical equipment is typically that which has motorized parts
and/or is powered by a motor. Electrical equipment is typically any machine powered by
electricity and includes components that are part of the electrical distribution system. The
following examples (including their appurtenances necessary for their intended use and
operation) are NOT considered construction materials: pumps, motors, gear reducers,
drives (including variable frequency drives (VFDs)), electric/pneumatic/manual
accessories used to operate valves (such as electric valve actuators), mixers, gates,
motorized screens (such as traveling screens), blowers/aeration equipment, compressors,
meters, sensors, controls and switches, supervisory control and data acquisition
(SCADA), membrane bioreactor systems, membrane filtration systems, filters, clarifiers
and clarifier mechanisms, rakes, grinders, disinfection systems, presses (including belt
presses), conveyors, cranes, HVAC (excluding ductwork), water heaters, heat
exchangers, generators, cabinetry and housings (such as electrical boxes/enclosures),
lighting fixtures, electrical conduit, emergency life systems, metal office furniture,
shelving, laboratory equipment, analytical instrumentation, and dewatering equipment.
WIFA Contract Package – June 2019
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Governmental
Water Infrastructure Finance Authority of Arizona
Clean Water Revolving Fund
Drinking Water Revolving Fund
Use of American Iron and Steel - De Minimis Waiver
Every water infrastructure project involves the use of thousands of miscellaneous,
generally low-cost components that are essential for, but incidental to, the construction
and are incorporated into the physical structure of the project. For many of these
incidental components, the country of manufacture and the availability of alternatives is
not always readily or reasonably identifiable prior to procurement in the normal course of
business; for other incidental components, the county of manufacture may be known but
the miscellaneous character in conjunction with the low cost, individually and (in total) as
typically procured in bulk, mark them as properly incidental.
Examples of incidental components could include small washers, screws, fasteners (i.e.,
nuts and bolts), miscellaneous wire, corner bead, ancillary tube, etc.
Example of items that are clearly not incidental include significant process fittings (i.e.,
tees, elbows, flanges, and brackets), distribution system fittings and valves, force main
valves, pipes for sewer collection and/or water distribution, treatment and storage tanks,
large structural support structures, etc.
EPA has established a public interest waiver for de minimis incidental components. This
action permits the use of products when they occur in de minimis incidental components
of such projects.
• Funds used for such de minimis incidental components cumulatively may
comprise no more than a total of 5% of the total cost of the materials used in and
incorporated into a project.
• The cost of an individual item may not exceed 1% of the total cost of the
materials used in and incorporated into a project.
Assistance recipients who wish to use this waiver should in consultation with their
contractors determine the items to be covered by this waiver and must retain relevant
documentation (i.e., invoices) as to those items in their project files.
WIFA Contract Package – June 2019
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Governmental
Water Infrastructure Finance Authority of Arizona
Clean Water Revolving Fund
Drinking Water Revolving Fund
Davis-Bacon Contract Conditions (Federal Prevailing Wages)
PLEASE NOTE: Federal Davis-Bacon prevailing wages apply to this project. Payment
of the wages, fringe benefits and overtime rates is required.
The “subrecipient” referred to throughout the Davis-Bacon contract conditions is the
WIFA Borrower.
“WIFA” is the Water Infrastructure Finance Authority of Arizona, State Capitalization
Grant recipient, recipient, or the Authority.
WIFA Contract Package – June 2019
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Governmental
Wage Rate Requirements
(Also referred to as Attachment 6)
Preamble
With respect to the Clean Water and Drinking Water State Revolving Funds, EPA provides
capitalization grants to each State which in turn provides subgrants or loans to eligible
entities within the State. Although EPA and the State remain responsible for ensuring
subrecipients’ compliance with the wage rate requirements set forth herein, those
subrecipients shall have the primary responsibility to maintain payroll records as described in
Section 3(3)(ii)(A) below and for compliance as described in Section 5.
Requirements for Subrecipients That Are Governmental Entities:
The following terms and conditions specify how recipients will assist EPA in meeting its
Davis-Bacon (DB) responsibilities with respect to State recipients and subrecipients that are
governmental entities. If a subrecipient has questions regarding when DB applies, obtaining
the correct DB wage determinations, DB provisions, or compliance monitoring, it may
contact the State recipient. If a State recipient needs guidance, the recipient will contact EPA.
The recipient or subrecipient may also obtain additional guidance from DOL’s web site at
https://www.dol.gov/whd/govcontracts/dbra.htm.
1. Applicability of the Davis-Bacon prevailing wage requirements.
Davis-Bacon prevailing wage requirements apply to the construction, alteration, and repair of
treatment works carried out in whole or in part with assistance made available by a Clean
Water Revolving Fund and to any construction project carried out in whole or in part by
assistance made available by a Drinking Water Revolving Fund. If a subrecipient encounters
a unique situation at a site that presents uncertainties regarding DB applicability, the
subrecipient must discuss the situation with the State recipient before authorizing work on
that site.
2. Obtaining Wage Determinations.
(a) Subrecipients shall obtain the wage determination for the locality in which a covered
activity subject to DB will take place prior to issuing requests for bids, proposals, quotes or
other methods for soliciting contracts (solicitation) for activities subject to DB. These wage
determinations shall be incorporated into solicitations and any subsequent contracts. Prime
contracts must contain a provision requiring that subcontractors follow the wage
determination incorporated into the prime contract.
(i) While the solicitation remains open, the subrecipient shall monitor
www.wdol.gov weekly to ensure that the wage determination contained in the
solicitation remains current. The subrecipient shall amend the solicitation if DOL
issues a modification more than 10 days prior to the closing date (i.e. bid
opening) for the solicitation. If DOL modifies or supersedes the applicable wage
determination 10 days or less prior to the closing date, the subrecipient may
request a finding from the State recipient that there is not a reasonable time to
notify interested contractors of the modification of the wage determination. The
State recipient will provide a report of its findings to the subrecipient.
(ii) If the subrecipient does not award the contract within 90 days of the closure of
the solicitation, any modifications or supersedes DOL makes to the wage
WIFA Contract Package – June 2019
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Governmental
determination contained in the solicitation shall be effective unless the State
recipient, at the request of the subrecipient, obtains an extension of the 90 day
period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The subrecipient shall
monitor www.wdol.gov on a weekly basis if it does not award the contract within
90 days of closure of the solicitation to ensure that wage determinations
contained in the solicitation remain current.
(b) If the subrecipient carries out activity subject to DB by issuing a task order, work
assignment or similar instrument to an existing contractor (ordering instrument) rather than
by publishing a solicitation, the subrecipient shall insert the appropriate DOL wage
determination from www.wdol.gov into the ordering instrument. Typically, the appropriate
wage determination would be the one in effect on the date the task order, work assignment or
similar instrument is awarded.
(c) Subrecipients shall review all subcontracts subject to DB entered into by prime
contractors to verify that the prime contractor has required its subcontractors to include the
applicable wage determinations.
(d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to
a subrecipient’s contract after the award of a contract or the issuance of an ordering
instrument if DOL determines that the subrecipient has failed to incorporate a wage
determination or has used a wage determination that clearly does not apply to the contract or
ordering instrument. If this occurs, the subrecipient shall either terminate the contract or
ordering instrument and issue a revised solicitation or ordering instrument or incorporate
DOL’s wage determination retroactive to the beginning of the contract or ordering instrument
by change order. The subrecipient’s contractor must be compensated for any increases in
wages resulting from the use of DOL’s revised wage determination.
3. Contract and Subcontract provisions.
The recipient shall insure that the subrecipient(s) shall insert in full in any contract in excess
of $2,000 which is entered into for the actual construction, alteration and/or repair, including
painting and decorating, of a treatment work under the CWSRF or a construction project
under the DWSRF financed in whole or in part from Federal funds or in accordance with
guarantees of a Federal agency or financed from funds obtained by pledge of any contract of
a Federal agency to make a loan, grant or annual contribution (except where a different
meaning is expressly indicated), and which is subject to the labor standards provisions of any
of the acts listed in 29 CFR § 5.1, the following clauses:
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by regulations issued
by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed
at rates not less than those contained in the wage determination of the Secretary of Labor
which is attached hereto and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and such laborers and mechanics.
WIFA Contract Package – June 2019
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Governmental
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid
to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this
section; also, regular contributions made or costs incurred for more than a weekly period (but
not less often than quarterly) under plans, funds, or programs which cover the particular
weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on
the wage determination for the classification of work actually performed, without regard to
skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in
more than one classification may be compensated at the rate specified for each classification
for the time actually worked therein: provided that the employer's payroll records accurately
set forth the time spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates conformed under
paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at
all times by the contractor and its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
Subrecipients may obtain wage determinations from the U.S. Department of Labor’s web
site, www.dol.gov.
(ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or
mechanics, including helpers, which is not listed in the wage determination and which is to
be employed under the contract shall be classified in conformance with the wage
determination. The State award official shall approve a request for an additional classification
and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the subrecipient(s) agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), documentation
of the action taken and the request, including the local wage determination shall be sent by
the subrecipient(s) to the State award official. The State award official will transmit the
request, to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210 and to the EPA DB
Regional Coordinator concurrently. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification request within 30 days of
receipt and so advise the State award official or will notify the State award official within the
30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification
or their representatives, and the subrecipient(s) do not agree on the proposed classification
and wage rate (including the amount designated for fringe benefits, where appropriate), the
award official shall refer the request and the local wage determination, including the views of
WIFA Contract Package – June 2019
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Governmental
all interested parties and the recommendation of the State award official, to the Administrator
for determination. The request shall be sent to the EPA DB Regional Coordinator
concurrently. The Administrator, or an authorized representative, will issue a determination
within 30 days of receipt of the request and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in
the classification under this contract from the first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program,
provided that the Secretary of Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor
may require the contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
(2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official
or an authorized representative of the Department of Labor, withhold or cause to be withheld
from the contractor under this contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so much of the accrued payments
or advances as may be considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full
amount of wages required by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper, employed or working on the site of the
work, all or part of the wages required by the contract, the recipient may, after written notice
to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause
the suspension of any further payment, advance, or guarantee of funds until such violations
have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the
course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records shall contain the name, address, and
social security number of each such worker, his or her correct classification, hourly rates of
wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits
or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon
Act), daily and weekly number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any
laborer or mechanic include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the
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contractor shall maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that the plan or program
has been communicated in writing to the laborers or mechanics affected, and records which
show the costs anticipated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain written evidence
of the registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates prescribed in the
applicable programs.
(ii)(A) The contractor shall submit weekly, for each week in which any contract work is
performed, a copy of all payrolls to the subrecipient, that is, the entity that receives the sub-
grant or loan from the State capitalization grant recipient. Such documentation shall be
available on request of the State recipient or EPA. As to each payroll copy received, the
subrecipient shall provide written confirmation in a form satisfactory to the State indicating
whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based
on the most recent payroll copies for the specified week. The payrolls shall set out accurately
and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i),
except that full social security numbers and home addresses shall not be included on the
weekly payrolls. Instead the payrolls shall only need to include an individually identifying
number for each employee (e.g., the last four digits of the employee's social security
number). The required weekly payroll information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web
site at www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and current address of each
covered worker, and shall provide them upon request to the subrecipient(s) for transmission
to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour
Division of the Department of Labor for purposes of an investigation or audit of compliance
with prevailing wage requirements. It is not a violation of this section for a prime contractor
to require a subcontractor to provide addresses and social security numbers to the prime
contractor for its own records, without weekly submission to the subrecipient(s).
(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by
the contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided
under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being
maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is
correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed
on the contract during the payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions as set forth in
Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in
the applicable wage determination incorporated into the contract.
WIFA Contract Package – June 2019
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Governmental
(C) The weekly submission of a properly executed certification set forth on the reverse side
of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of
Compliance” required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231
of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i)
of this section available for inspection, copying, or transcription by authorized
representatives of the State, EPA or the Department of Labor, and shall permit such
representatives to interview employees during working hours on the job. If the contractor or
subcontractor fails to submit the required records or to make them available, the Federal
agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take
such action as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required records upon request or to
make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees -
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for
the work they performed when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. Department of Labor, Employment
and Training Administration, Office of Apprenticeship Training, Employer and Labor
Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is
employed in his or her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but who has been
certified by the Office of Apprenticeship Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to the contractor as to the entire
work force under the registered program. Any worker listed on a payroll at an apprentice
wage rate, who is not registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any apprentice performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for
the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination. Apprentices shall be paid fringe benefits in
accordance with the provisions of the apprenticeship program. If the Apprenticeship program
does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination. In the event the Office of
Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency
WIFA Contract Package – June 2019
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Governmental
recognized by the Office, withdraws approval of an apprenticeship program, the contractor
will no longer be permitted to utilize apprentices at less than the applicable predetermined
rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are employed pursuant to
and individually registered in a program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified in the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified
in the applicable wage determination. Trainees shall be paid fringe benefits in accordance
with the provisions of the trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division determines that there
is an apprenticeship program associated with the corresponding journeyman wage rate on the
wage determination which provides for less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate who is not registered and participating in a
training plan approved by the Employment and Training Administration shall be paid not less
than the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed. In the event the Employment
and Training Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines
may by appropriate, and also a clause requiring the subcontractors to include these clauses in
any lower tier subcontracts. The prime contractor shall be responsible for the compliance by
any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract, and for debarment as a contractor and a subcontractor
as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are
herein incorporated by reference in this contract.
WIFA Contract Package – June 2019
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Governmental
(9) Disputes concerning labor standards. Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this contract.
Such disputes shall be resolved in accordance with the procedures of the Department of
Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause
include disputes between the contractor (or any of its subcontractors) and subrecipient(s), the
State recipient, EPA, the U.S. Department of Labor, or the employees or their
representatives.
(10) Certification of eligibility.
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any
person or firm who has an interest in the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award
of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C. 1001.
4. Contract Provision for Contracts in Excess of $100,000.
(a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the
following clauses set forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any
contract in an amount in excess of $100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to
the clauses required by Item 3 above or 29 CFR 4.6. As used in this paragraph, the terms
laborers and mechanics include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of 40 hours in such workweek unless such laborer
or mechanic receives compensation at a rate not less than one and one-half times the basic
rate of pay for all hours worked in excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of
the clause set forth in paragraph (a)(1) of this section the contractor and any subcontractor
responsible therefore shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer
or mechanic, including watchmen and guards, employed in violation of the clause set forth in
paragraph (a)(1) of this section, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of 40 hours
without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of
this section.
WIFA Contract Package – June 2019
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Governmental
(3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written
request of the EPA Award Official or an authorized representative of the Department of
Labor, shall withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any liabilities of such contractor
or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth
in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
set forth in paragraph (a)(1) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (a)(1) through (4) of this section.
(b) In addition to the clauses contained in Item 3 above, in any contract subject only to the
Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in
29 CFR 5.1, the subrecipient shall insert a clause requiring that the contractor or
subcontractor shall maintain payrolls and basic payroll records during the course of the work
and shall preserve them for a period of three years from the completion of the contract for all
laborers and mechanics, including guards and watchmen, working on the contract. Such
records shall contain the name and address of each such employee, social security number,
correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the subrecipient shall insert in any such
contract a clause providing that the records to be maintained under this paragraph shall be
made available by the contractor or subcontractor for inspection, copying, or transcription by
authorized representatives of the recipient and the Department of Labor, and the contractor or
subcontractor will permit such representatives to interview employees during working hours
on the job.
5. Compliance Verification
(a) The subrecipient shall periodically interview a sufficient number of employees entitled to
DB prevailing wages (covered employees) to verify that contractors or subcontractors are
paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be
conducted in confidence. The subrecipient must use WIFA’s interview form, Department of
Labor’s Standard Form 1445, or equivalent documentation to memorialize the interviews.
WIFA’s interview form and instructions are included with this packet.
(b) The subrecipient shall establish and follow an interview schedule based on its assessment
of the risks of noncompliance with DB posed by contractors or subcontractors and the
duration of the contract or subcontract. Subrecipients must conduct more frequent interviews
if the initial interviews or other information indicated that there is a risk that the contractor or
subcontractor is not complying with DB. Subrecipients shall immediately conduct interviews
in response to an alleged violation of the prevailing wage requirements. All interviews shall
be conducted in confidence.
(c) The subrecipient shall periodically conduct spot checks of a representative sample of
weekly payroll data to verify that contractors or subcontractors are paying the appropriate
WIFA Contract Package – June 2019
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wage rates. The subrecipient shall establish and follow a spot check schedule based on its
assessment of the risks of noncompliance with DB posed by contractors or subcontractors
and the duration of the contract or subcontract. At a minimum, if practicable, the subrecipient
should spot check payroll data within two weeks of each contractor or subcontractor’s
submission of its initial payroll data and two weeks prior to the completion date the contract
or subcontract. Subrecipients must conduct more frequent spot checks if the initial spot check
or other information indicates that there is a risk that the contractor or subcontractor is not
complying with DB. In addition, during the examinations the subrecipient shall verify
evidence of fringe benefit plans and payments thereunder by contractors and subcontractors
who claim credit for fringe benefit contributions.
(d) The subrecipient shall periodically review contractors and subcontractors use of
apprentices and trainees to verify registration and certification with respect to apprenticeship
and training programs approved by either the U.S Department of Labor or a state, as
appropriate, and that contractors and subcontractors are not using disproportionate numbers
of laborers, trainees and apprentices. These reviews shall be conducted in accordance with
the schedules for spot checks and interviews described in Item 5(b) and (c) above.
(e) Subrecipients must immediately report potential violations of the DB prevailing wage
requirements to the EPA DB contact listed below and to the appropriate DOL Wage and
Hour District Office listed at www.dol.gov/whd.
Joe Ochab, EPA Region 9, 75 Hawthorne St. (P-22), San Francisco, CA 94105
WIFA Contract Package – June 2019
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Governmental
Clean Water Revolving Fund
Drinking Water Revolving Fund
Equal Employment
Inclusion of these seven clauses (excerpt from Executive Order No. 11246, Section 202
as amended by Executive Order 11375 and 12086) is required in all CWRF and DWRF
project related contracts and subcontracts over $10,000:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. The contractor will
take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice, to
be provided by the agency contracting officer, advising the labor union or worker’s
representative of the contractor’s commitments under Section 202 of Executive Order
No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order No. 11246 of Sept.
24, 1965, and all of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order
No. 11246 of Sept. 24, 1965, and by the rules, regulations and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor’s noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
cancelled, terminated or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts in accordance with procedures authorized in
WIFA Contract Package – June 2019
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Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order No. 11246 of Sept. 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept.
24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as may
be directed by the Secretary of Labor as a means of enforcing such provisions including
sanctions for noncompliance: provided, however, that in the event the contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction, the contractor may request the United States to enter into such litigation to
protect the interests of the United States.
WIFA Contract Package – June 2019
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Water Infrastructure Finance Authority of Arizona
Clean Water Revolving Fund
Drinking Water Revolving Fund
Disadvantaged Business Enterprises (DBE)
Good Faith Efforts
Borrowers and their prime contractors must follow, document, and maintain
documentation of their good faith efforts as listed below to ensure that Certified
Disadvantaged Business Enterprises* (DBEs) have the opportunity to participate in the
project by increasing DBE awareness of procurement efforts and outreach.
1. Ensure DBEs are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities; including placing DBEs
on solicitation lists and soliciting them whenever they are potential sources.
2. Make information on forthcoming opportunities available to DBEs and arrange
time frames for contracts and establish delivery schedules, where the
requirements permit, in a way that encourages and facilitates participation by
DBEs in the competitive process. This includes, whenever possible, posting
solicitation for bids or proposals for a minimum of 30 calendar days before the
bid or proposal closing date.
3. Consider in the contracting process whether firms competing for large contracts
could be subcontracted with DBEs. This will include dividing total requirements
when economically feasible into smaller tasks or quantities to permit maximum
participation by DBEs in the competitive process.
4. Encourage contracting with a consortium of DBEs when a contract is too large for
one of these firms to handle individually.
5. Use the services and assistance of the Small Business Administration and the
Minority Business Development Agency of the U. S. Department of Commerce.
6. If the prime contractor awards subcontracts, require the prime contractor to take
the steps in numbers 1 through 5 above.
Required Contract Conditions
These conditions must be included in all procurement contracts entered into by the
Borrower for all DWRF and CWRF projects:
1. The prime contractor must pay its subcontractor for satisfactory performance no
more than 30 days from the prime contractor’s receipt of payment from the
owner.
2. The prime contractor must notify the owner in writing prior to the termination of
any Disadvantaged Business Enterprise subcontractor for convenience by the
prime contractor.
3. If a Disadvantaged Business Enterprise contractor fails to complete work under
the subcontract for any reason, the prime contractor must employ the six good
faith efforts if soliciting a replacement contractor.
4. The prime contractor must continue to employ the six good faith efforts even if
the prime contractor has achieved its fair share objectives.
WIFA Contract Package – June 2019
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5. The prime contractor must provide EPA Form 6100-2 DBE Program
Subcontractor Participation Form** to all of its Disadvantaged Business
Enterprise subcontractors. Disadvantaged Business Enterprise subcontractors may
send completed Form 6100-2 directly to the Region 9 DBE Coordinator listed
below:
Joe Ochab, EPA Region 9, 75 Hawthorne St. (P-22), San Francisco, CA 94105
6. The prime contractor must have its Disadvantaged Business Enterprise
subcontractors complete EPA Form 6100-3 - DBE Program Subcontractor
Performance Form**. The prime contractor must include all completed forms as
part of the prime contractor’s bid or proposal package to the Borrower.
7. The prime contractor must complete and submit EPA Form 6100-4 DBE Program
Subcontractor Utilization Form** as part of the prime contractor’s bid or proposal
package to the Borrower.
8. A Borrower must ensure that each procurement contract it awards contains the
following terms and conditions:
The contractor shall not discriminate on the basis of race, color, national
origin or sex in the performance of this contract. The contractor shall carry
out applicable requirements of 40 CFR Part 33 in the award and
administration of contracts awarded under EPA financial assistance
agreements. Failure by the contractor to carry out these requirements is a
material breach of this contract which may result in the termination of this
contract or other legally available remedies.
* A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been
certified by an entity from which EPA accepts certifications as described in 40 CFR
33.204-33.205 or certified by EPA. EPA accepts certifications from entities that meet or
exceed EPA certification standards as described in 40 CFR 33.202.
** DBE forms can be downloaded from
http://www.epa.gov/osbp/dbe_contract_admin.htm
WIFA Contract Package – June 2019
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ATTACHMENTS
Davis-Bacon Forms
WH-1321 - Davis-Bacon poster
WH-347 - Payroll and certification form
SF1444 - Wage Determination Request form
Employee Interview form
American Iron and Steel
Sample Step Certification Letter (Processed/Manufactured)
Sample Step Certification Letter (Shipped/Provided)
PREVAILING
WAGES
You must be paid not less than the wage rate listed in the Davis-Bacon Wage Decision posted
with this Notice for the work you perform.
OVERTIME
You must be paid not less than one and one-half times your basic rate of pay for all hours worked
over 40 in a work week. There are few exceptions.
ENFORCEMENT
Contract payments can be withheld to ensure workers receive wages and overtime pay due, and
liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon contract
clauses allow contract termination and debarment of contractors from future federal contracts for
up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks
may be subject to civil or criminal prosecution, fines and/or imprisonment.
APPRENTICES
Apprentice rates apply only to apprentices properly registered under approved Federal or State
apprenticeship programs.
PROPER PAY
If you do not receive proper pay, or require further information on the applicable wages, contact
the Contracting Officer listed below:
or contact the U.S. Department of Labor’s Wage and Hour Division.
EMPLOYEE RIGHTS
UNDER THE DAVIS-BACON ACT
FOR LABORERS AND MECHANICS
EMPLOYED ON FEDERAL OR
FEDERALLY ASSISTED
CONSTRUCTION PROJECTS
1-866-487-9243
TTY: 1-877-889-5627
www.dol.gov/whd
WH1321 REV 10/17
WAGE AND HOUR DIVISION
UNITED STATES DEPARTMENT OF LABOR
Water Infrastructure Finance Authority of Arizona
100 N. 7th Ave. Suite 130
Phoenix, AZ 85007
Tel: (602) 364-1310
Fax: (602) 364-1327
SALARIOS
PREVALECIENTES
No se le puede pagar menos de la tasa de pago indicada en la Decisión de Salarios Davis-Bacon fijada con
este Aviso para el trabajo que Ud. desempeña.
SOBRETIEMPO
Se le ha de pagar no menos de tiempo y medio de su tasa básica de pago por todas las horas trabajadas
en exceso de 40 en una semana laboral. Existen pocas excepciones.
CUMPLIMIENTO
Se pueden retener pagos por contratos para asegurarse que los obreros reciban los salarios y el pago
de sobretiempo debidos, y se podría aplicar daños y perjuicios si no se cumple con las exigencias del
pago de sobretiempo. Las cláusulas contractuales de Davis-Bacon permiten la terminación y exclusión
de contratistas para efectuar futuros contratos federales hasta tres años. El contratista que falsifique
los registros certificados de las nóminas de pago o induzca devoluciones de salarios puede ser sujeto a
procesamiento civil o criminal, multas y/o encarcelamiento.
APRENDICES
Las tasas de aprendices sólo se aplican a aprendices correctamente inscritos bajo programas federales o
estatales aprobados.
PAGO APROPIADO
Si Ud. no recibe el pago apropiado, o precisa de información adicional sobre los salarios aplicables,
póngase en contacto con el Contratista Oficial que aparece abajo:
DERECHOS DEL EMPLEADO
BAJO LA LEY DAVIS-BACON
La ley exige que los empleadores exhiban este cartel donde sea visible por los empleados.
PARA OBREROS Y MECÁNICOS
EMPLEADOS EN PROYECTOS DE
CONSTRUCCIÓN FEDERAL O CON
ASISTENCIA FEDERAL
WH1321 SPA REV 10/17
DIVISIÓN DE HORAS Y SALARIOS
DEPARTAMENTO DE TRABAJO DE LOS EE.UU.
1-866-487-9243
TTY: 1-877-889-5627
www.dol.gov/whd
o póngase en contacto con la División de Horas y Salarios del Departamento de Trabajo de los EE.UU.
Water Infrastructure Finance Authority of Arizona
100 N. 7th Ave. Suite 130
Phoenix, AZ 85007
Tel: (602) 364-1310
Fax: (602) 364-1327
U.S. Department of Labor
PAYROLL
(For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm)
Wage and Hour Division
Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.
NAME OF CONTRACTOR
OR SUBCONTRACTOR
ADDRESS
OMB No.:1235-0008
Expires: 04/30/2021
PAYROLL NO.
FOR WEEK ENDING
PROJECT AND LOCATION
PROJECT OR CONTRACT NO.
(1)
(2)
(3)
(4) DAY AND DATE
(5)
(6)
(7)
(9)
(8)
DEDUCTIONS
O
O
O
O
O
O
O
O
NAME AND INDIVIDUAL IDENTIFYING NUMBER
(e.g., LAST FOUR DIGITS OF SOCIAL SECURITY
NUMBER) OF WORKER
NO. OF
WITHHOLDiNG
EXEMPTIONS
WORK
CLASSIFICATION
OT. OR ST.
HOURS WORKED EACH DAY
TOTAL
HOURS
RATE
OF PAY
GROSS
AMOUNT
EARNED
FICA
WITH-
HOLDING
TAX
OTHER
TOTAL
DEDUCTIONS
NET
WAGES
PAID
FOR WEEK
S
S
S
S
S
S
S
S
Rev. Dec. 2008
While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act
(40 U.S.C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) regulations at
29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer
or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.
Public Burden Statement
We estimate that is will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have
any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W.
Washington, D.C. 20210
(over)
Date
I,
(Name of Signatory Party)
(Title)
do hereby state:
(1) That I pay or supervise the payment of the persons employed by
on the
(Contractor or Subcontractor)
; that during the payroll period commencing on the
(Building or Work)
day of
,
, and ending the
day of
,
,
all persons employed on said project have been paid the full weekly wages earned, that no rebates have
been or will be made either directly or indirectly to or on behalf of said
from the full
(Contractor or Subcontractor)
weekly wages earned by any person and that no deductions have been made either directly or indirectly
from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part
3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948,
63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below:
(2) That any payrolls otherwise under this contract required to be submitted for the above period are
correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the
applicable wage rates contained in any wage determination incorporated into the contract; that the classifications
set forth therein for each laborer or mechanic conform with the work he performed.
(3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship
program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and
Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered
with the Bureau of Apprenticeship and Training, United States Department of Labor.
(4) That:
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS
− in addition to the basic hourly wage rates paid to each laborer or mechanic listed in
the above referenced payroll, payments of fringe benefits as listed in the contract
have been or will be made to appropriate programs for the benefit of such employees,
except as noted in section 4(c) below.
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
− Each laborer or mechanic listed in the above referenced payroll has been paid,
as indicated on the payroll, an amount not less than the sum of the applicable
basic hourly wage rate plus the amount of the required fringe benefits as listed
in the contract, except as noted in section 4(c) below.
(c) EXCEPTIONS
REMARKS:
EXCEPTION (CRAFT)
EXPLANATION
NAME AND TITLE
SIGNATURE
THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR
SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE
31 OF THE UNITED STATES CODE.
SF 1444 Instructions
Request for Additional Classification and Wage Rate Form
Attached is a copy of the federal standard form 1444, Request for Authorization of Additional
Classification and Wage Rate. This form must be submitted when a wage classification is not
listed on the applicable wage decision. The classification and wage rate submitted on the form
should bear a reasonable likeness to similar skill classifications listed in the federal wage
determination.
The prime contractor is responsible for the completion and submission of this form. The
following are the procedures for the completion and submission of the form:
1.
Check "Construction Contract" in the upper right-hand corner.
Box 2.
Box 3.
Box 4.
Box 5.
Box 6.
Box 7.
Box 8.
Box 9.
Insert the following information:
Water Infrastructure Finance Authority of Arizona
(WIFA) 100 N. 7th Ave., Ste. 130
Phoenix, AZ 85007
Prime contractor's name.
Date the prime contractor submitted the form to WIFA.
Contract number.
Date the bid was opened, if applicable.
Date the contract was awarded.
Actual date the contractor will be starting or started work.
(This box is not applicable.)
Box 10.
List all subcontractors that will utilize the labor classification listed in box 13a.
If none, enter "N/A."
Box 11.
Project title and a brief description of the project.
Box 12.
Include both the city and county, as well as Arizona.
Box 13.
Federal "General Decision Number" (e.g. AZ00009) and the date.
Box 13a.
List all classifications not covered by the federal wage determination, which are
utilized by either the prime or the subcontractor(s).
Box13b.
The wage rate should bear a reasonable likeness to the category classification
wage rates (equipment operators, laborers, truck drivers, etc.) listed in the federal
wage determination.
Box 13c.
The fringe rate should bear a reasonable likeness to the category classification
fringe rates (equipment operators, laborers, truck drivers, etc.) listed in the
federal wage determination.
Box 14.
If there is a subcontractor listed on line 10, its representative signs on this line.
Box 15.
The prime contractor's representative must sign on this line.
Box 16.
If the contractor has a specific employee who will be performing the labor
classification(s) listed in box 13a, or if the employees' have legal representation
(union, etc.), they should sign this line and include their title. If no specific
employee is identified to perform work under the listed classification(s), then
write "unknown" in the box. The "Agree" or "Disagree" boxes are checked by
anyone signing in boxes 14, 15, and 16.
The contractor will make a copy of the completed signed form and submit the original to
WIFA (not required to be in quadruplicate).
WIFA will complete the section below the heavy line TO BE COMPLETED BY
CONTRACTING OFFICER and submit it to DOL and EPA. Typically DOL responds in 30
days. WIFA will send the borrower a copy of the approved wage classification.
REQUEST FOR AUTHORIZATION OF
ADDITIONAL CLASSIFICATION AND RATE
INSTRUCTIONS: THE CONTRACTOR SHALL COMPLETE ITEMS 3 THROUGH 16, KEEP A PENDING COPY, AND SUBMIT THE REQUEST, IN
QUADRUPLICATE, TO THE CONTRACTING OFFICER.
1. TO:
ADMINISTRATOR,
WAGE AND HOUR DIVISION
U.S. DEPARTMENT OF LABOR
WASHINGTON, DC 20210
2. FROM: (REPORTING OFFICE)
3. CONTRACTOR
4. DATE OF REQUEST
5. CONTRACT NUMBER
6. DATE BID OPENED (SEALED
BIDDING)
7. DATE OF AWARD
8. DATE CONTRACT WORK
STARTED
9. DATE OPTION EXERCISED (If
APPLICABLE) (SERVICE
CONTRACT ONLY)
10. SUBCONTRACTOR (IF ANY)
11. PROJECT AND DESCRIPTION OF WORK (ATTACH ADDITIONAL SHEET IF NEEDED)
12. LOCATION (CITY, COUNTY, AND STATE)
13. IN ORDER TO COMPLETE THE WORK PROVIDED FOR UNDER THE ABOVE CONTRACT, IT IS NECESSARY TO ESTABLISH THE FOLLOWING RATE(S) FOR THE
INDICATED CLASSIFICATION(S) NOT INCLUDED IN THE DEPARTMENT OF LABOR DETERMINATION
NUMBER:
DATED:
a. LIST IN ORDER: PROPOSED CLASSIFICATION TITLE(S); JOB DESCRIPTION(S); DUTIES;
AND RATIONALE FOR PROPOSED CLASSIFICATIONS (Service contracts only)
b. WAGE RATE(S)
c. FRINGE BENEFITS
PAYMENTS
(Use reverse or attach additional sheets, if necessary)
14. SIGNATURE AND TITLE OF SUBCONTRACTOR REPRESENTATIVE
(IF ANY)
15. SIGNATURE AND TITLE OF PRIME CONTRACTOR REPRESENTATIVE
16. SIGNATURE OF EMPLOYEE OR REPRESENTATIVE
TITLE
CHECK APPROPRIATE BOX-REFERENCING BLOCK 13.
AGREE
DISAGREE
TO BE COMPLETED BY CONTRACTING OFFICER (CHECK AS APPROPRIATE - SEE FAR 22.1019 (SERVICE CONTRACT LABOR
STANDARDS) OR FAR 22.406-3 (CONSTRUCTION WAGE RATE REQUIREMENTS))
THE INTERESTED PARTIES AGREE AND THE CONTRACTING OFFICER RECOMMENDS APPROVAL BY THE WAGE AND HOUR DIVISION. AVAILABLE
INFORMATION AND RECOMMENDATIONS ARE ATTACHED.
THE INTERESTED PARTIES CANNOT AGREE ON THE PROPOSED CLASSIFICATION AND WAGE RATE. A DETERMINATION OF THE QUESTION BY THE WAGE
AND HOUR DIVISION IS THEREFORE REQUESTED. AVAILABLE INFORMATION AND RECOMMENDATIONS ARE ATTACHED.
(Send 3 copies to the Department of Labor)
SIGNATURE OF CONTRACTING OFFICER OR REPRESENTATIVE
STANDARD FORM 1444 (REV. 4/2013)
Prescribed by GSA-FAR (48 CFR) 53.222(f)
TITLE AND COMMERCIAL TELEPHONE NUMBER
DATE SUBMITTED
CHECK APPROPRIATE BOX
SERVICE CONTRACT
CONSTRUCTION CONTRACT
PREVIOUS EDITION IS USABLE
Paperwork Reduction Act Statement - This information collection meets the requirements of 44 U.S.C. § 3507, as amended by section 2 of the Paperwork
Reduction Act of 1995. You do not need to answer these questions unless we display a valid Office of Management and Budget (OMB) control number.
The OMB control number for this collection is 9000-0066. We estimate that it will take .5 hours to read the instructions, gather the facts, and answer the
questions. Send only comments relating to our time estimate, including suggestions for reducing this burden, or any other aspects of this collection of
information to: U.S. General Services Administration, Regulatory Secretariat Division (M1V1CB), 1800 F Street, NW, Washington, DC 20405.
OMB Control Number: 9000-0066
Expiration Date: 4/30/2022
AUTHORIZED FOR LOCAL REPRODUCTION
SIGN
SIGN
SIGN
SIGN
EMPLOYEE INTERVIEW FOR DAVIS-BACON LABOR STANDARDS
Revised June 2012
1a. Project Name
2a. Employee Name
1b. Contract Number
Wage Decision and Date
2b. Employee Phone Number
1c. Name of Prime Contractor
2c. Employee Home Address and Zip Code
1d. Name of Employer and Supervisor
3a. Hourly rate of pay on this
project:
4. Do you know that you are
working on a federally-funded
project and that you are to be
paid wages set by DOL (Davis-
Bacon wages)?
Y N
5. Do you know where the
Davis-Bacon Wage Rate
Decision for this project is
posted?
Y N
6. Do you know where the
“Employee Rights under the
Davis-Bacon Act” poster is
posted?
Y N
3b. Do you have your most
recent paystub?
Y N
7a. Do you ever work over 8
hours per day?
Y N
7b. Do you ever work over 40
hours per week?
Y N
7c. Are you paid at least time
and a half for overtime hours?
Y N N/A
8. Do you receive Fringe
Benefits?
Vacation Y N
Medical Y N
Pension Y N
Cash/pay Y N
Other:
9a. Date you began work on
this project:
9b. Date of last work day on
this project before interview:
9c. How many hours did you
work on your last work day
before this interview on this
job?
10. What deductions other than taxes and social security are
made from your pay?
11. Work Classification (list all on this project):
12. Your duties on this project:
13. Tools and equipment you use on this project:
THE ABOVE IS CORRECT TO THE BEST OF MY KNOWLEDGE
14. Employee Signature
Date
15. Interviewer Signature
Interviewer Name
Date
INTERVIEWER'S COMMENTS
16. Work employee was doing/tools employee was using when
interviewed:
17. Is employee properly
classified and paid?
Y N
18. Are wage rate and poster
displayed?
Y N
19. Wage Rate Decision
Number:
20. Wage Rate Decision Date:
FOR USE BY PAYROLL CHECKER
21. Is above
information in
agreement with
payroll data?
Y N
22. If no, provide explanation and resolution:
23. Payroll Checker Signature
Payroll Checker Name
Date
"General Decision Number: AZ20240017 01/19/2024
Superseded General Decision Number: AZ20230017
State: Arizona
Construction Type: Heavy
HEAVY CONSTRUCTION, Includes Water and Sewer Lines, Heavy
Construction on Treatment Plant Sites and Pipeline Construction
County: Maricopa County in Arizona.
HEAVY CONSTRUCTION PROJECTS (DOES NOT INCLUDE DAM CONSTRUCTION)
Note: Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(1).
______________________________________________________________
|If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the |
|2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay |
|option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $17.20 per hour (or |
| | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2024. |
|______________________________|_____________________________|
|If the contract was awarded on|. Executive Order 13658 |
|or between January 1, 2015 and| generally applies to the |
|January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all|
|extended on or after January | covered workers at least |
|30, 2022: | $12.90 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2024. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2024
1 01/19/2024
BOIL0627-004 01/01/2023
Rates Fringes
BOILERMAKER......................$ 36.49 32.42
----------------------------------------------------------------
BRAZ0003-010 07/01/2023
Rates Fringes
BRICKLAYER.......................$ 32.74 9.52
ZONE PAY:
(Radius miles from the intersection of Central Ave. and
Washington St., Phoenix, AZ)
Zone A: 0-60 miles- Base Rate
Zone B: 61-75 miles- Base Rate plus $2.00 per hour
Zone C: 75-100 miles- Base Rate plus $3.00 per hour
Zone D: 101-200 miles- Base Rate plus $3.50 per hour
Zone E: Over 200 miles- Base Rate plus $6.50 per hour
----------------------------------------------------------------
ELEC0640-006 01/01/2023
Rates Fringes
ELECTRICIAN......................$ 33.10 13.58
----------------------------------------------------------------
ELEC0769-002 07/31/2023
Rates Fringes
Line Construction:
Lineman.....................$ 57.39 21.5%+8.64
----------------------------------------------------------------
ENGI0428-008 06/01/2023
Rates Fringes
POWER EQUIPMENT OPERATOR
Group 1.....................$ 31.69 13.52
Group 2.....................$ 34.96 13.52
Group 3.....................$ 36.04 13.52
Group 4.....................$ 37.07 13.52
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Small Self-Propelled Compactor (with blade),
Bobcat/Skidsteer/Skid Loader, Oiler
GROUP 2: Self-Propelled Compactor (with blade), Grader/Blade
(rough), Scraper, Tractor, Crane (less than 15 tons)
GROUP 3: Grade/Blade (Finish),Crawler-Type Tractor, Crane
(over 15 tons & less than 100 ton), Tower Crane
GROUP 4: Crane (100 ton)
----------------------------------------------------------------
ENGI0428-015 06/01/2023
Rates Fringes
POWER EQUIPMENT OPERATOR:
(PIPELINE)
Group 1.....................$ 31.69 13.52
Group 3.....................$ 36.04 13.52
Group 1: Backhoe, Boring Machine, Boom Operator, Bulldozer,
Trackhoe
Group 3: Oiler
----------------------------------------------------------------
* IRON0075-009 10/01/2023
Rates Fringes
IRONWORKER, STRUCTURAL...........$ 32.00 18.91
Zone 1: 0 to 50 miles from City Hall in Phoenix or Tucson
Zone 2: 050 to 100 miles - Add $4.00
Zone 3: 100 to 150 miles - Add $5.00
Zone 4: 150 miles & over - Add $6.50
----------------------------------------------------------------
PAIN0086-002 04/01/2017
Rates Fringes
PAINTER (Brush Only).............$ 19.58 6.40
----------------------------------------------------------------
PLUM0469-004 07/01/2019
Rates Fringes
PLUMBER..........................$ 44.00 17.15
----------------------------------------------------------------
* SUAZ2012-006 05/17/2012
Rates Fringes
CARPENTER (Form Work Only).......$ 20.80 4.07
CARPENTER, Excludes Form Work....$ 21.98 5.38
CEMENT MASON/CONCRETE FINISHER...$ 18.76 2.12
INSTALLER - SIGN.................$ 25.42 0.00
IRONWORKER, REINFORCING..........$ 20.66 13.59
LABORER: Asphalt
Raker/Shoveler/Spreader..........$ 15.76 ** 4.42
LABORER: Common or General......$ 14.36 ** 3.97
LABORER: Concrete Saw (Hand
Held/Walk Behind)................$ 17.00 ** 4.55
LABORER: Fence Erection.........$ 10.32 ** 2.24
LABORER: Grade Checker..........$ 18.14 4.55
LABORER: Landscape &
Irrigation.......................$ 11.01 ** 0.37
LABORER: Mason Tender - Brick...$ 14.55 ** 4.20
LABORER: Mason Tender -
Cement/Concrete..................$ 15.34 ** 4.20
LABORER: Pipelayer..............$ 14.94 ** 3.51
LABORER: Power Tool Operator....$ 16.57 ** 4.20
LABORER: Railroad
Construction Laborer.............$ 16.80 ** 4.20
OPERATOR:
Backhoe/Excavator/Trackhoe.......$ 19.37 3.59
OPERATOR: Bulldozer.............$ 20.57 6.16
OPERATOR: Drill.................$ 20.57 4.78
OPERATOR: Forklift..............$ 20.38 4.75
OPERATOR: Grade Checker.........$ 21.68 6.31
OPERATOR: Loader (Front End)....$ 20.31 3.84
OPERATOR: Mechanic..............$ 22.23 5.78
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete).........$ 17.07 ** 3.20
OPERATOR: Roller................$ 21.34 8.36
OPERATOR: Rotomill..............$ 21.88 6.39
OPERATOR: Screed................$ 16.82 ** 2.52
OPERATOR: Trencher..............$ 14.21 ** 0.94
OPERATOR: Broom/Sweeper..........$ 15.40 ** 2.45
PAINTER: Pavement
Marking/Parking Lot Striping.....$ 19.94 4.10
PAINTER: Roller and Spray.......$ 20.65 4.45
PIPEFITTER.......................$ 23.97 6.78
TRUCK DRIVER: 3 Axle Truck......$ 27.53 1.16
TRUCK DRIVER: Dump Truck........$ 14.37 ** 1.16
TRUCK DRIVER: Flatbed Truck.....$ 12.50 ** 1.48
TRUCK DRIVER: Hydroseeder.......$ 17.32 0.00
TRUCK DRIVER: Water Truck.......$ 16.46 ** 3.42
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($17.20) or 13658
($12.90). Please see the Note at the top of the wage
determination for more information. Please also note that the
minimum wage requirements of Executive Order 14026 are not
currently being enforced as to any contract or subcontract to
which the states of Texas, Louisiana, or Mississippi, including
their agencies, are a party.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (iii)).
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility for
the Davis-Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISION"