Common use of Prevailing Wage Requirements Clause in Contracts

Prevailing Wage Requirements. The following “PREVAILING WAGE / LABOR REQUIREMENTS” form an integral part of this Agreement: 1. All workers employed on public works projects must be paid the prevailing wage determined by the Director of the Department of Industrial Relations according to the type of work and location. 2. Contractors and subcontractors on all public works projects are required to submit certified payroll records (CPRs) to the Labor Commissioner unless excused from this requirement. CPRs are furnished to the Labor Commissioner online. 3. In addition to online reporting, Subcontractor shall submit to Contractor on a weekly basis, not more than seven days from the payroll ending date, Certified Payroll Reports (CPR) for itself and its subcontractors of every tier covering work performed on the project. Such CPR’s shall be ink signed by an authorized representative of Subcontractor or its Subcontractor(s) as applicable. 4. Subcontractor shall, if applicable, file DAS 140 form to the applicable Apprenticeship Committee within 10 days from the date of this agreement. 5. Subcontractor shall, if applicable, file DAS 142 form to the applicable Apprentice Program that can supply apprentices prior to commencing work. SAMPLE 6. Prior to requesting final payment from Contractor, Subcontractor shall provide Contractor with an affidavit generally in the format provided at the end of Attachment B, signed under penalty of perjury. Affidavit shall state that Subcontractor has paid the specified general prevailing wage rate as well as any amounts due pursuant to Section 1813 to his or her employees on the project, and that Subcontractor is not currently under any Labor Compliance investigations on any Public Works projects. Subcontractor shall obtain and submit to Contractor similar affidavits from each of his or her subcontractors of every tier. 7. Any additional requirements, implemented by the Owner or State will be outlined in the Project Administrative Requirements and Labor Compliance Package that will be forwarded to you.

Prevailing Wage Requirements. The following “PREVAILING WAGE / WAGE/LABOR REQUIREMENTS” form an integral part of this Agreement: 1. All workers employed on public works projects must be paid the prevailing wage determined by the Director of the Department of Industrial Relations according to the type of work and location. 2. Contractors and subcontractors on all public works projects are required to submit certified payroll records (CPRs) to the Labor Commissioner unless excused from this requirement. CPRs are furnished to the Labor Commissioner online. 3. In addition to online reporting, Subcontractor Company shall submit to Contractor on a weekly basis, not more than seven days from the payroll ending date, Certified Payroll Reports (CPR) for itself and its subcontractors of every tier covering work performed on the project. Such CPR’s CPRs shall be ink signed by an authorized representative of Subcontractor Company or its Subcontractor(s) as applicable. 4. Subcontractor Company shall, if applicable, file DAS 140 form to the applicable Apprenticeship Committee within 10 days from the date of this agreement. 5. Subcontractor Company shall, if applicable, file DAS 142 form to the applicable Apprentice Program that can supply apprentices prior to commencing work. SAMPLE 6. Prior to requesting final payment from Contractor, Subcontractor Company shall provide Contractor with an affidavit generally in the format provided at the end of Attachment B, signed under penalty of perjury. Affidavit shall state that Subcontractor has paid the specified general prevailing wage rate as well as any amounts due pursuant to Section 1813 to his or her employees on the project, and that Subcontractor is not currently under any Labor Compliance investigations on any Public Works projects. Subcontractor shall obtain and submit to Contractor similar affidavits from each of his or her subcontractors of every tier. 7. Any additional requirements, implemented by the Owner or State will be outlined in the Project Administrative Requirements and Labor Compliance Package that will be forwarded to you.

Prevailing Wage Requirements. A. This contract is subject to 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 all provisions herein. C. The following “PREVAILING WAGE / LABOR REQUIREMENTS” awarded Contractor and all subcontractors shall file promptly with the Washington Department of Labor & Industries (L&I) an Intent to Pay Prevailing Wage Form concurrent with the execution of each Work Order. When approved by L&I, a copy shall be sent to the Project Manager before any work is performed. The City requests this be done on-line to allow for rapid verification of submittal. xxxx://xxx.xxx.xx.xxx/TradesLicensing/PrevWage/default.asp. However, the City will accept forms submitted through paper procedures. If the Contractor utilizes paper submittal, a copy of the approved form an integral part shall be promptly provided to the Project Manager. Contractor is responsible for all fees assessed by Washington L&I for all forms filed. D. Contractor and 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 the State of this Agreement:Washington for the County in which the work shall be performed. 1E. Vocationally handicapped workers, 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. All 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 Labor. 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, the Vendor may indicate an exception on public works 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, dated 8/31/06, are attached. These wages shall remain in effect through 8/30/07, and be adjusted each year thereafter, to reflect the current Prevailing Wage Rates. It is the sole responsibility of the Contractor to assign the appropriate classification and associate wage rates to all laborers, workers or 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. H. With each invoice, Contractor will attach or write a statement that wages paid were compliant to applicable Prevailing Wage rates. I. Upon Work Order 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. J. 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 nearest local office, for road construction, sewer line, pipeline, transmission line, street or alley improvement projects must be paid as long as the employer provides a copy of the Intent form to the employee upon request. K. In the event any dispute arises as to what the prevailing wage determined wages are for each Work Order, and the dispute cannot be solved by the parties involved, the matter shall be referred to the Director of the Department of Industrial Relations according 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 type U.S. Secretary of work Labor for a decision. In such case, the Secretary’s decision shall be final, conclusive and location. 2. Contractors and subcontractors binding on all public works projects are required to submit certified payroll records (CPRs) to the Labor Commissioner unless excused from this requirement. CPRs are furnished to the Labor Commissioner onlineparties. 3. In addition to online reporting, Subcontractor shall submit to Contractor on a weekly basis, not more than seven days from the payroll ending date, Certified Payroll Reports (CPR) for itself and its subcontractors of every tier covering work performed on the project. Such CPR’s shall be ink signed by an authorized representative of Subcontractor or its Subcontractor(s) as applicable. 4. Subcontractor shall, if applicable, file DAS 140 form to the applicable Apprenticeship Committee within 10 days from the date of this agreement. 5. Subcontractor shall, if applicable, file DAS 142 form to the applicable Apprentice Program that can supply apprentices prior to commencing work. SAMPLE 6. Prior to requesting final payment from Contractor, Subcontractor shall provide Contractor with an affidavit generally in the format provided at the end of Attachment B, signed under penalty of perjury. Affidavit shall state that Subcontractor has paid the specified general prevailing wage rate as well as any amounts due pursuant to Section 1813 to his or her employees on the project, and that Subcontractor is not currently under any Labor Compliance investigations on any Public Works projects. Subcontractor shall obtain and submit to Contractor similar affidavits from each of his or her subcontractors of every tier. 7. Any additional requirements, implemented by the Owner or State will be outlined in the Project Administrative Requirements and Labor Compliance Package that will be forwarded to you.

Prevailing Wage Requirements. 22.2.1.1. The following “PREVAILING WAGE / LABOR REQUIREMENTS” form an integral part Contractor shall comply with, and agrees to be bound by, all requirements, conditions and City determinations regarding the Payment of this Agreement: 1. All workers employed 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 public works projects must 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 determined by and fringe rates will adjust on the Director yearly anniversary of the Department actual date of Industrial Relations according to the type of work and location. 2. Contractors and subcontractors on all public works projects are required to submit certified payroll records (CPRs) to the Labor Commissioner unless excused from this requirement. CPRs are furnished to the Labor Commissioner online. 3. In addition to online reporting, Subcontractor shall submit to Contractor on a weekly basis, not more than seven days from the payroll ending date, Certified Payroll Reports (CPR) for itself and its subcontractors of every tier covering work performed on the project. Such CPR’s shall be ink signed by an authorized representative of Subcontractor bid or its Subcontractor(s) as applicable. 4. Subcontractor shallproposal issuance, if applicable, file DAS 140 form to the applicable Apprenticeship Committee within 10 days from or the date of the written encumbrance if no bid/proposal issuance date is applicable. Unless expressly provided for in this agreementAgreement, 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. 522.2.1.3. Subcontractor shall, if applicable, file DAS 142 form 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 applicable Apprentice Program that can supply apprentices prior to commencing work. SAMPLE 6. Prior to requesting final payment from Contractor, Subcontractor shall provide Contractor with an affidavit generally in the format provided at the end of Attachment B, signed under penalty of perjury. Affidavit shall state that Subcontractor has paid the specified general prevailing wage rate as well as any amounts due pursuant to Section 1813 to his Denver Auditor by calling 000-000-0000 or her employees on the project, and that Subcontractor is not currently under any Labor Compliance investigations on any Public Works projects. Subcontractor shall obtain and submit to Contractor similar affidavits from each of his or her subcontractors of every tieremailing xxxxxxx@xxxxxxxxx.xxx. 722.2.1.4. Any additional requirements, implemented If the Contractor fails to pay workers as required by the Owner Prevailing Wage Ordinance, the Contractor will not be paid until documentation of payment satisfactory to the Auditor has been provided. The City may, by written notice, suspend or State will be outlined in terminate work if the Project Administrative Requirements Contractor fails to pay required wages and Labor Compliance Package that will be forwarded to youfringe benefits.

Prevailing Wage Requirements. The following “PREVAILING WAGE / LABOR REQUIREMENTS” form an integral hourly minimum rate of wage paid to all laborers, workers, and mechanics employed in the performance of all or any part of this Agreement: 1. All workers employed on public works projects must Contract, by either the Contractor, Subcontractors, Sub-Subcontractors, or other person doing or contracting to do the whole or part of the work contemplated by this Contract shall not be less than the prevailing rate of wages to be paid to all workmen, laborers, or mechanics in each trade or occupation as required for and provided in RCW 39.12, as amended. Inasmuch as the Contractor will be held responsible for paying the prevailing wages, it is imperative that all contractors familiarize themselves with the current wage determined rates before submitting bids based on these specifications. The Industrial Statistician of the Washington State Department of Labor and Industries publishes the current prevailing wage rates on their web site and by this reference herein are included and incorporated in these Contract Documents. In referencing such rates, the Port does not imply or warrant the Contractor will find labor available at those rates. It is the Contractor's sole responsibility to determine the wage rates it will actually have to pay. In case any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Industrial Relations according to Labor and Industries of the type of work State and location. 2. Contractors the Director's decision therein shall be final and subcontractors conclusive and binding on all public works projects are required to submit certified payroll records (CPRs) to parties involved in the Labor Commissioner unless excused from this requirement. CPRs are furnished to dispute, as provided for by Section 39.12.060 of the Labor Commissioner online. 3Revised Code of Washington, as amended. In addition connection with this Contract, the Contractor will be required, pursuant to online reporting, Subcontractor shall submit Section 39.12.040 of the Revised Code of Washington to Contractor on file with the Port a weekly basis, not more than seven days from the payroll ending date, Certified Payroll Reports (CPR) "Statement of Intent to Pay Prevailing Wages" and an "Affidavit of Wages Paid" for itself and its subcontractors all Subcontractors and Sub-Subcontractors. The Statements require the "approval" of, and the Affidavits the "certification" of, the industrial statistician of every tier covering work performed on the projectState Department of Labor and Industries before the Statements or Affidavits are to be presented to the Port. Such CPR’s The Department of Labor and Industries charges a fee for such approval and certification, which fee shall be ink signed paid by an authorized representative of Subcontractor the Contractor. Any change in the fee will not be grounds for revision in Contract Sum. All workers delivering fill, sand, gravel, crushed rock, transit/concrete mix, asphalt or its Subcontractor(s) other similar materials and all workers removing any materials from the construction site as applicable. 4. Subcontractor shall, if applicable, file DAS 140 form required by the specifications are subject to the applicable Apprenticeship Committee within 10 days from provisions of RCW chapter 39.12 and are entitled to the date appropriate area standard wage. For purposes of this agreement. 5contract, such materials are for specified future use and per WAC 000-000-000, delivery and pick-up of the above listed material constitutes incorporation. Subcontractor shall, if applicable, file DAS 142 form The Port cannot make payments to the applicable Apprentice Program Contractor until the Contractor and all Subcontractors and Sub-subcontractors have submitted a “Statement of Intent to Pay Prevailing Wages (Intent)” that can supply apprentices prior has been approved by L & I. The Intent form is to commencing workbe filed immediately after the contract is awarded and before work begins. SAMPLE 6In accordance with RCW 60.28, The Port will not release final retainage (5% of the contract) until all contractors, subcontractors and sub-subcontractors have submitted an “Affidavit of Wages Paid (Affidavit)” that has been certified by L & I. (Reference: RCW 39.12.040). Prior The Contractor is required to requesting final payment from Contractor, Subcontractor include this provision in all sub-contracts and shall provide Contractor with an affidavit generally require that it be placed in the format provided at the end of Attachment B, signed under penalty of perjury. Affidavit shall state that Subcontractor has paid the specified general prevailing wage rate as well as any amounts due pursuant to Section 1813 to his or her employees on the project, and that Subcontractor is not currently under any Labor Compliance investigations on any Public Works projects. Subcontractor shall obtain and submit to Contractor similar affidavits from each of his or her subcontractors of every tierall sub-sub contracts. 7. Any additional requirements, implemented by the Owner or State will be outlined in the Project Administrative Requirements and Labor Compliance Package that will be forwarded to you.

Prevailing Wage Requirements. SAMPLE The following “PREVAILING WAGE / WAGE/LABOR REQUIREMENTS” form an integral part of this Agreement: 1. All workers employed on public works projects must be paid the prevailing wage determined by the Director of the Department of Industrial Relations according to the type of work and location. 2. Contractors and subcontractors on all public works projects are required to submit certified payroll records (CPRs) to the Labor Commissioner unless excused from this requirement. CPRs are furnished to the Labor Commissioner online. 3. In addition Contractors and subcontractors on public works projects, are required to online reportingsubmit certified payroll records to either a.) DIR, Subcontractor shall submit Department of Industrial Relations, using DIR's electronic certified payroll reporting system and/or b.) to Contractor on a weekly basis, not more than seven days from utilize Bernards Electronic Prevailing Wage Monitoring System and/or c.) electronic tracking system required by Owner as stipulated in the payroll ending date, Certified Payroll Reports (CPR) for itself and its subcontractors of every tier covering work performed on the project. Such CPR’s shall be ink signed by an authorized representative of Subcontractor or its Subcontractor(s) as applicablePrime Contract. 4. Subcontractor Company shall, if applicable, file DAS 140 form to the applicable Apprenticeship Committee within 10 days from the date of this agreement. 5. Subcontractor Company shall, if applicable, file DAS 142 form to the applicable Apprentice Program that can supply apprentices prior to commencing work. SAMPLE. 6. Prior to requesting final payment from Contractor, Subcontractor Company shall provide Contractor with an affidavit generally in the format provided at the end of Attachment B, signed under penalty of perjury. Affidavit shall state that Subcontractor has paid the specified general prevailing wage rate as well as any amounts due pursuant to Section 1813 to his or her employees on the project, and that Subcontractor is not currently under any Labor Compliance investigations on any Public Works projects. Subcontractor shall obtain and submit to Contractor similar affidavits from each of his or her subcontractors of every tier. 7. Any additional requirements, implemented by the Owner or State will be outlined in the Project Administrative Requirements and Labor Compliance Package that will be forwarded to you. LABOR CODE SECTIONS: 1771 - PREVAILING PER DIEM WAGE REQUIRED Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works. This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 1775 - PAYMENT LESS THAN STIPULATED RATE – PENALTY (1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor. (2) (A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following: SAMPLE (i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations. (i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777 .1

Prevailing Wage Requirements. SAMPLE The following “PREVAILING WAGE / LABOR REQUIREMENTS” form an integral part of this Agreement: 1. All workers employed on public works projects must be paid the prevailing wage determined by the Director of the Department of Industrial Relations according to the type of work and location. 2. Contractors and subcontractors on all public works projects are required to submit certified payroll records (CPRs) to the Labor Commissioner unless excused from this requirement. CPRs are furnished to the Labor Commissioner online. 3. In addition Contractors and subcontractors on public works projects, are required to online reportingsubmit certified payroll records to either a.) DIR, Subcontractor shall submit Department of Industrial Relations, using DIR's electronic certified payroll reporting system and/or b.) to Contractor on a weekly basis, not more than seven days from utilize Bernards Electronic Prevailing Wage Monitoring System and/or c.) electronic tracking system required by Owner as stipulated in the payroll ending date, Certified Payroll Reports (CPR) for itself and its subcontractors of every tier covering work performed on the project. Such CPR’s shall be ink signed by an authorized representative of Subcontractor or its Subcontractor(s) as applicablePrime Contract. 4. Subcontractor shall, if applicable, file DAS 140 form to the applicable Apprenticeship Committee within 10 days from the date of this agreement. 5. Subcontractor shall, if applicable, file DAS 142 form to the applicable Apprentice Program that can supply apprentices prior to commencing work. SAMPLE. 6. Prior to requesting final payment from Contractor, Subcontractor shall provide Contractor with an affidavit generally in the format provided at the end of Attachment B, signed under penalty of perjury. Affidavit shall state that Subcontractor has paid the specified general prevailing wage rate as well as any amounts due pursuant to Section 1813 to his or her employees on the project, and that Subcontractor is not currently under any Labor Compliance investigations on any Public Works projects. Subcontractor shall obtain and submit to Contractor similar affidavits from each of his or her subcontractors of every tier. 7. Any additional requirements, implemented by the Owner or State will be outlined in the Project Administrative Requirements and Labor Compliance Package that will be forwarded to you. LABOR CODE SECTIONS: 1771 - PREVAILING PER DIEM WAGE REQUIRED Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works. This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 1775 - PAYMENT LESS THAN STIPULATED RATE – PENALTY (1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor. (2) (A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following: SAMPLE (i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations. (i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777 .1