Prevailing Wage Requirements. Documentation sufficient to establish compliance with the Prevailing Wage requirements applicable to the Laborers and Mechanics (including Qualified Apprentices) Employed by Seller, any of its Affiliates, or any Contractor or Subcontractor in the performance of the CAR Work, including documentation showing the following: (1) identifying information for each Laborer and Mechanic, including the name, social security or tax identification number, address, telephone number and email address, and job title; (2) the location and type of construction of the Project; (3) the labor classifications(s) applied to the Laborer or Mechanic for determining the Prevailing Wage and documentation supporting the applicable classification, including the applicable Wage Determination and communications with the DOL, Wage and Hour Division regarding the Wage Determination; (4) the hourly rate(s) of wages paid (including rates of contributions or costs for bona fide fringe benefits or cash equivalents thereof) for each applicable labor classification; (5) any contribution irrevocably made on behalf of each Laborer or Mechanic to a trustee or other third person pursuant to a bona fide fringe benefit program, and the rate of costs that were reasonably anticipated in providing bona fide fringe benefits to Laborers and Mechanics pursuant to an enforceable commitment to carry out a plan or program described in 40 U.S.C. 3141(2)(B), including records demonstrating that the enforceable commitment was provided in writing to the Laborers and Mechanics affected; (6) the total number of hours worked by each Laborer or Mechanic per pay period; (7) the total wages paid to each Laborer or Mechanic for each pay period (including identifying and itemizing any deductions from the gross wage amounts); (8) any wages paid to any Qualified Apprentices at less than the applicable Prevailing Wage, including records reflecting the participation of the Qualified Apprentices in a Registered Apprenticeship Program and the applicable wage rates and apprentice-to-Journeyworker ratios prescribed by the Registered Apprenticeship Program; (9) the amount and timing of the payment of any PWA Cure Liability and the calculation of such PWA Cure Liability, if any; (10) the employer of each Laborer or Mechanic; and (11) any failures to pay prevailing wages and the actions taken to prevent, mitigate, or remedy the failure;
Appears in 3 contracts
Sources: Build Own Transfer Acquisition Agreement, Build Own Transfer Acquisition Agreement, Build Own Transfer Acquisition Agreement
Prevailing Wage Requirements. Documentation sufficient to establish compliance with the Prevailing Wage requirements applicable to the Laborers and Mechanics (including Qualified Apprentices) Employed by Seller, any of its Affiliates, or any Contractor or Subcontractor in the performance of the CAR Work, including documentation showing the following:
(1) : identifying information for each Laborer and Mechanic, including the name, social security or tax identification number, address, telephone number and email address, and job title;
(2) ; the location and type of construction of the Project;
(3) ; the labor classifications(s) applied to the Laborer or Mechanic for determining the Prevailing Wage and documentation supporting the applicable classification, including the applicable Wage Determination and communications with the DOL, Wage and Hour Division regarding the Wage Determination;
(4) ; the hourly rate(s) of wages paid (including rates of contributions or costs for bona fide fringe benefits or cash equivalents thereof) for each applicable labor classification;
(5) ; any contribution irrevocably made on behalf of each Laborer or Mechanic to a trustee or other third person pursuant to a bona fide fringe benefit program, and the rate of costs that were reasonably anticipated in providing bona fide fringe benefits to Laborers and Mechanics pursuant to an enforceable commitment to carry out a plan or program described in 40 U.S.C. 3141(2)(B), including records demonstrating that the enforceable commitment was provided in writing to the Laborers and Mechanics affected;
(6) ; the total number of hours worked by each Laborer or Mechanic per pay period;
(7) ; the total wages paid to each Laborer or Mechanic for each pay period (including identifying and itemizing any deductions from the gross wage amounts);
(8) ; any wages paid to any Qualified Apprentices at less than the applicable Prevailing Wage, including records reflecting the participation of the Qualified Apprentices in a Registered Apprenticeship Program and the applicable wage rates and apprentice-to-Journeyworker ratios prescribed by the Registered Apprenticeship Program;
(9) ; the amount and timing of the payment of any PWA Cure Liability and the calculation of such PWA Cure Liability, if any;
(10) ; the employer of each Laborer or Mechanic; and
(11) and any failures to pay prevailing wages and the actions taken to prevent, mitigate, or remedy the failure; Apprenticeship Requirements. Documentation sufficient to establish compliance with the apprenticeship requirements applicable to the Qualified Apprentices Employed by Seller, any of its Affiliates, or any Contractor or Subcontractor in the performance of the CAR Work, including the following documentation: copies of any written requests for the employment of Qualified Apprentices from Registered Apprenticeship Programs, including any contacts with the DOL’s Office of Apprenticeship or a State apprenticeship agency regarding requests for Qualified Apprentices from Registered Apprenticeship Programs, by Seller, any of its Affiliates, or any Contractor or Subcontractor; documents providing (x) the names of all Registered Apprenticeship Programs that provided Qualified Apprentices to Seller, any of its Affiliates, or any Contractor or Subcontractor, (y) the names of the Governmental Authorities with which such Registered Apprenticeship Programs are registered, and (z) a list of each Qualified Apprentice that participated in such Registered Apprenticeship Programs and performed CAR Work; to the extent Seller, any of its Affiliates, or any Contractor or Subcontractor is relying on the Good Faith Effort Exception, Good Faith Effort Documentation establishing Seller, its Affiliate’s, Contractor’s, or Subcontractor’s entitlement to, and compliance with, the Good Faith Effort Exception (including requests for Qualified Apprentices, correspondence with Registered Apprenticeship Programs, and denials of requests) and calculation of any Good Faith Effort Exception Labor Hours; copies of all agreements entered into by Seller, any of its Affiliates, or any Contractor or Subcontractor with the Registered Apprenticeship Programs required to be listed pursuant to clause (2) immediately above; documents reflecting the standards and requirements of the Registered Apprenticeship Programs required to be listed pursuant to clause (2) immediately above (including the applicable apprentice-to-Journeyworker ratio requirement prescribed by each Registered Apprentice Program); separately for each of Seller, its Affiliates, and Contractors and Subcontractors, records reflecting and evidencing the total number of Qualified Apprentices and the total number of other individuals Employed by such Person; separately for each of Seller, its Affiliates, and Contractors and Subcontractors, records reflecting and evidencing the total number of Labor Hours worked by Qualified Apprentices and the total number of Labor Hours worked by Journeyworkers; records reflecting and evidencing the daily ratio of apprentices-to-Journeyworkers on a per employer basis; records reflecting and evidencing the amount and timing of the payment of any PWA Cure Liability and the calculation of such PWA Cure Liability, if any; and records to document any failures to satisfy the apprenticeship requirements and the actions taken to prevent, mitigate, or remedy the failure; Prevailing Wage Postings. Documentation sufficient to establish that, by and during the times required by Law, Seller or EPC Contractor posted in a prominent place at the PWA Site (or any other location where Work on the Project (including any warranty work) that constitutes CAR Work is performed) or otherwise provided, or caused the applicable Affiliates, Contractors, and Subcontractors to prominently post or provide, written notice to all Laborers and Mechanics of the Prevailing Wage for all classifications of work to be performed for the CAR Work, and that in order to be able to claim certain tax benefits, employers must insure that Laborers and Mechanics are paid wages at rates not less than such Prevailing Wage rates; Laborer and Mechanic Reporting Procedures. Documentation sufficient to establish that, by and during the times required by Law, Seller or its Affiliates had in place, and had caused all Contractors and Subcontractors to have in place, procedures whereby Laborers and Mechanics Employed by Seller, any of its Affiliates, or any Contractor or Subcontractor can report suspected failures to use Qualified Apprentices, to pay Prevailing Wages, and/or to classify workers in accordance with the applicable Wage Determination to appropriate personnel departments or managers without retaliation or adverse action;
Appears in 1 contract
Prevailing Wage Requirements. Documentation sufficient a. If applicable, this contract is subject to establish prevailing wages, as required by RCW 39.12 (Prevailing Wages on Public Works) and RCW 49.28 (Hours of Labor) as amended or supplemented.
b. Contractor and any subcontractors shall be responsible for compliance with the all provisions herein.
c. Filing Your Intent: The awarded Contractor and all subcontractors, shall file an Intent to Pay Prevailing Wage requirements applicable Form concurrent with the execution of the contract. • You will need a Contract Number and a Start Date. The Buyer will tell you your Contract Number; the start date is the your contract is signed. • The Contractor and their subcontractor(s) shall then promptly submit the Intent to the Laborers Department of Labor & Industries for approval. • This must be done online at the L&I website: ▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/TradesLicensing/PrevWage/default.asp. • If the Contractor is unable to file on-line, a paper copy of the approved Intent shall instead be promptly provided to the Buyer.
d. Contractor and Mechanics (including Qualified Apprentices) Employed any subcontractor shall not pay any laborer, worker or mechanic less than the current prevailing hourly wage rates for the worker classifications that are provided for under Prevailing Wages as issued by Sellerthe State of Washington for the County in which the work shall be performed.
e. Vocationally handicapped workers, any i.e. those individuals whose earning capacity is impaired by physical or mental deficiency or injury, may be employed at wages lower than the established prevailing wage. The Fair Labor Standards Act requires that wages based on individual productivity be paid to handicapped workers employed under certificates issued by the Secretary of its AffiliatesLabor. These certificates are acceptable to the Department of Labor and Industries. Sheltered workshops for the handicapped may submit a request to the Department of Labor and Industries for a special certificate, which would, if approved, entitle them to pay their employees at wages, lower than the established prevailing wage.
f. In certain situations, an Intent to Pay Prevailing wages shall be filed with the Department of Labor & Industries and with the Buyer, but the Vendor may indicate an exception on the Intent Form which exempts the requirement to pay at least prevailing wages rates for the following: • Sole owners and their spouse. • Any partner who owns at least 30% of a partnership. • The president, vice-president, and treasurer of a corporation if each one owns at least 30% of the corporation. • Workers regularly employed on monthly or per diem salary by state or any political subdivision created by its laws.
g. Prevailing Wage rates in effect at the time of bid opening are attached. These wages remain in effect for the duration of this contract, except for annual adjustments provided in this agreement when contracts are multi-year (where contract is longer than one year) or for building service maintenance (janitorial, waxers, shampooers, and window cleaners).
h. It is the sole responsibility of the Contractor to assign the appropriate classification and associate wage rates to all laborers, workers or Subcontractor mechanics that perform any work under this contract, in conformance with the scope of work descriptions of the Industrial Statistician of the Washington State Department of Labor and Industries.
i. With each invoice, Contractor will attach or write a statement that wages paid were compliant to applicable Prevailing Wage rates.
j. Upon contract completion, Contractor and each subcontractor shall then file the Affidavit of Wages Paid (form L700-007-000) approved by the Industrial Statistician of Washington State L&I. This may be performed on-line if the Contractor has initiated the original Intent to Pay Prevailing Wage process on line. The receipt of the approved affidavit is required before Seattle can pay the final invoice.
k. For jobs above $10,000, Contractor is required to post for employees’ inspection, the Intent form including the list of the labor classifications and wages used on the project. This may be postured in the performance nearest local office, for road construction, sewer line, pipeline, transmission line, street or alley improvement projects as long as the employer provides a copy of the CAR Work, including documentation showing the following:
(1) identifying information for each Laborer and Mechanic, including the name, social security or tax identification number, address, telephone number and email address, and job title;
(2) the location and type of construction of the Project;
(3) the labor classifications(s) applied Intent form to the Laborer or Mechanic employee upon request.
l. In the event any dispute arises as to what the prevailing wages are for determining the Prevailing Wage and documentation supporting the applicable classification, including the applicable Wage Determination and communications with the DOL, Wage and Hour Division regarding the Wage Determination;
(4) the hourly rate(s) of wages paid (including rates of contributions or costs for bona fide fringe benefits or cash equivalents thereof) for each applicable labor classification;
(5) any contribution irrevocably made on behalf of each Laborer or Mechanic to a trustee or other third person pursuant to a bona fide fringe benefit programthis Contract, and the rate dispute cannot be solved by the parties involved, the matter shall be referred to the Director of costs the Department of Labor and Industries of the State of Washington. In such case, the Director’s decision shall be final, conclusive and binding on all parties. If the dispute involves a federal prevailing wage rate, the matter shall be referred to the U.S. Secretary of Labor for a decision. In such case, the Secretary’s decision shall be final, conclusive and binding on all parties.
a. This provision only applies to service contracts that continue beyond a single year in duration, including building service maintenance contracts (janitorial service contractors and work performed by janitors, waxers, shampooers, and window cleaners) and to multi-year service contracts.
b. Contractor and any subcontractor must pay at least the prevailing wage rates that were reasonably anticipated in providing bona fide fringe benefits effect at time of bid throughout the duration of the contract.
c. Each contract anniversary thereafter, Contractor and any subcontractors shall review the then current Prevailing Wage Rates. The Contractor shall increase wages paid if required to Laborers and Mechanics pursuant to an enforceable commitment to carry out meet no less then the current wage rates in effect at the time of the contract anniversary.
d. Any price or rate increases made as a plan or program described result of a change in 40 U.S.C. 3141(2)(B)the prevailing wages will be compensated by the City on a pass through basis. The Contractor will follow the contract instructions for pricing increases, including records demonstrating that notifying the enforceable commitment was provided in writing Buyer at least 45 days prior to the Laborers and Mechanics affected;
(6) the total number of hours worked by each Laborer or Mechanic per pay period;
(7) the total wages paid to each Laborer or Mechanic for each pay period (including identifying and itemizing any deductions from the gross wage amounts);
(8) any wages paid to any Qualified Apprentices at less than the applicable Prevailing Wage, including records reflecting the participation of the Qualified Apprentices in a Registered Apprenticeship Program and the applicable wage rates and apprentice-to-Journeyworker ratios prescribed by the Registered Apprenticeship Program;
(9) the amount and timing of the payment contract anniversary date of any PWA Cure Liability resulting price increase and documenting the calculation of such PWA Cure Liability, if any;
(10) the employer of each Laborer or Mechanic; and
(11) any failures to pay prevailing wages and the actions taken to prevent, mitigate, or remedy the failure;increase.
Appears in 1 contract
Sources: Contract
Prevailing Wage Requirements. Documentation sufficient During the Prevailing Wage Term, Seller shall, and require and ensure that all its subcontractors shall:
(a) apply each applicable prevailing wage determination published on ▇▇▇.▇▇▇.gov and/or the Minnesota Department of Labor and Industry for the geographic area and type or types of construction applicable to the Project, where available, including all labor classifications for the Construction, Alteration or Repair that will be done on the Project by Laborers or Mechanics;
(b) confirm at least monthly that such prevailing wage determinations reflect the prevailing rates for the Laborers or Mechanics who perform work on the Project by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code or Chapter 177.42 of the Minnesota Statutes as of the Effective Date;
(c) in the event the Secretary of Labor has not published a prevailing wage determination for the geographic area and type of construction for the Project on ▇▇▇.▇▇▇.gov, or the Secretary of Labor has issued a prevailing wage determination for the geographic area and type of construction, but one or more labor classifications for the Construction, Alteration or Repair that will be done on the Project by Laborers or Mechanics is not listed, utilize the Contact Procedures to obtain such unlisted information, and rely on and implement the Department of Labor, Wage and Hour Division’s determination as to the labor classifications and wage rates to be used for the type of work in question in the area in which the Project is located. Seller shall, at least once every 90 days, review all pertinent and available prevailing wage determinations to update the relied-upon characterization. If new information or classification rates are available, Seller shall promptly pay, for the entire Prevailing Wage Term including retroactively, the rates identified for such Laborers or Mechanics previously not listed.
(d) post information about prevailing wage rates in a prominent and accessible location or otherwise provide written notice of prevailing wage rates to laborers and mechanics;
(e) establish procedures for individual to report suspected failures to comply with the Prevailing Wage Requirements, as defined in Section 1.03 below, without fear of retaliation or adverse action and investigate all reports of suspected failures to comply with the Prevailing Wage Requirements; and
(f) provide a schedule to be attached to each Purchase Document that includes its baseline prevailing wage assumptions for the labor classifications included therein as of the Effective Date of such Purchase Document (the “Prevailing Wage Assumptions Schedule”) and promptly notify OTP of any updates to such prevailing wage determinations promptly update the wage rates paid to such Laborers or Mechanics and the Prevailing Wage Assumptions Schedule as necessary to stay in compliance with the Prevailing Wage Requirements. The collective requirements applicable in Sections 1.01 and this Section 1.02 are referred to herein as the Laborers and Mechanics (including Qualified Apprentices) Employed by Seller, any of its Affiliates, or any Contractor or Subcontractor in the performance of the CAR Work, including documentation showing the following:
(1) identifying information for each Laborer and Mechanic, including the name, social security or tax identification number, address, telephone number and email address, and job title;
(2) the location and type of construction of the Project;
(3) the labor classifications(s) applied to the Laborer or Mechanic for determining the “Prevailing Wage and documentation supporting the Requirements” including all applicable classification, including the applicable Wage Determination and communications with the DOL, Wage and Hour Division regarding the Wage Determination;
(4) the hourly rate(s) of wages paid (including rates of contributions or costs for bona fide fringe benefits or cash equivalents thereof) for each applicable labor classification;
(5) any contribution irrevocably made on behalf of each Laborer or Mechanic Treasury Regulations as may be updated from time to a trustee or other third person pursuant to a bona fide fringe benefit program, and the rate of costs that were reasonably anticipated in providing bona fide fringe benefits to Laborers and Mechanics pursuant to an enforceable commitment to carry out a plan or program described in 40 U.S.C. 3141(2)(B), including records demonstrating that the enforceable commitment was provided in writing to the Laborers and Mechanics affected;
(6) the total number of hours worked by each Laborer or Mechanic per pay period;
(7) the total wages paid to each Laborer or Mechanic for each pay period (including identifying and itemizing any deductions from the gross wage amounts);
(8) any wages paid to any Qualified Apprentices at less than the applicable Prevailing Wage, including records reflecting the participation of the Qualified Apprentices in a Registered Apprenticeship Program and the applicable wage rates and apprentice-to-Journeyworker ratios prescribed by the Registered Apprenticeship Program;
(9) the amount and timing of the payment of any PWA Cure Liability and the calculation of such PWA Cure Liability, if any;
(10) the employer of each Laborer or Mechanic; and
(11) any failures to pay prevailing wages and the actions taken to prevent, mitigate, or remedy the failure;time.
Appears in 1 contract
Prevailing Wage Requirements. Documentation sufficient 22.2.1.1. The Contractor shall comply with, and agrees to establish compliance be bound by, all requirements, conditions and City determinations regarding the Payment of Prevailing Wages Ordinance, §§ 20-76 through 20-79, D.R.M.C. including, but not limited to, the requirement that every covered worker working on a City owned or leased building or on City-owned land shall be paid no less than the prevailing wages and fringe benefits in effect on the date the bid or request for proposal was advertised. In the event a request for bids, or a request for proposal, was not advertised, the Contractor shall pay every covered worker no less than the prevailing wages and fringe benefits in effect on the date funds for this Agreement were encumbered.
22.2.1.2. Prevailing wage and fringe rates will adjust on the yearly anniversary of the actual date of bid or proposal issuance, if applicable, or the date of the written encumbrance if no bid/proposal issuance date is applicable. Unless expressly provided for in this Agreement, the Contractor will receive no additional compensation for increases in prevailing wages or fringe benefits. The Contractor shall provide the Auditor with a list of all subcontractors providing any services under this Agreement. The Contractor shall provide the Auditor with electronically-certified payroll records for all covered workers employed under this Agreement.
22.2.1.3. The Contractor shall prominently post at the work site the current prevailing wage and fringe benefit rates. The posting must inform workers that any complaints regarding the payment of prevailing wages or fringe benefits may be submitted to the Denver Auditor by calling ▇▇▇-▇▇▇-▇▇▇▇ or emailing ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇.
22.2.1.4. If the Contractor fails to pay workers as required by the Prevailing Wage requirements applicable Ordinance, the Contractor will not be paid until documentation of payment satisfactory to the Laborers and Mechanics (including Qualified Apprentices) Employed Auditor has been provided. The City may, by Sellerwritten notice, any of its Affiliates, suspend or any terminate work if the Contractor or Subcontractor in the performance of the CAR Work, including documentation showing the following:
(1) identifying information for each Laborer and Mechanic, including the name, social security or tax identification number, address, telephone number and email address, and job title;
(2) the location and type of construction of the Project;
(3) the labor classifications(s) applied to the Laborer or Mechanic for determining the Prevailing Wage and documentation supporting the applicable classification, including the applicable Wage Determination and communications with the DOL, Wage and Hour Division regarding the Wage Determination;
(4) the hourly rate(s) of wages paid (including rates of contributions or costs for bona fide fringe benefits or cash equivalents thereof) for each applicable labor classification;
(5) any contribution irrevocably made on behalf of each Laborer or Mechanic to a trustee or other third person pursuant to a bona fide fringe benefit program, and the rate of costs that were reasonably anticipated in providing bona fide fringe benefits to Laborers and Mechanics pursuant to an enforceable commitment to carry out a plan or program described in 40 U.S.C. 3141(2)(B), including records demonstrating that the enforceable commitment was provided in writing to the Laborers and Mechanics affected;
(6) the total number of hours worked by each Laborer or Mechanic per pay period;
(7) the total wages paid to each Laborer or Mechanic for each pay period (including identifying and itemizing any deductions from the gross wage amounts);
(8) any wages paid to any Qualified Apprentices at less than the applicable Prevailing Wage, including records reflecting the participation of the Qualified Apprentices in a Registered Apprenticeship Program and the applicable wage rates and apprentice-to-Journeyworker ratios prescribed by the Registered Apprenticeship Program;
(9) the amount and timing of the payment of any PWA Cure Liability and the calculation of such PWA Cure Liability, if any;
(10) the employer of each Laborer or Mechanic; and
(11) any failures fails to pay prevailing required wages and the actions taken to prevent, mitigate, or remedy the failure;fringe benefits.
Appears in 1 contract
Sources: Contract Agreement