00 73 43 - Wage Rate Requirements.pdf

00 73 43 – WAGE RATE REQUIREMENTS

Herbert, Rowland & Grubic, Inc. 00 73 43 - 1 006566.0459

SECTION 00 73 43 – WAGE RATE REQUIREMENTS

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. Duties and requirements of Contractor under Pennsylvania Prevailing Wage Act.

1.2 RELATED SECTIONS

A. Document 00 72 00 – General Conditions.

B. Document 00 73 46– Wage Determination Schedule.

1.3 DUTIES AND REQUIREMENTS

A. Contained with Section 00 72 00 are references to Laws and Regulations. The Pennsylvania Prevailing Wage Act (Act No. 442 - Session of 1961, as amended) shall apply to this Project. Contractor is responsible for compliance with the law, including the following specific requirements:

1. All workmen employed by this Project shall be paid not less than the minimum wage rates, including employee benefits, which have been determined by the Secretary of Labor and Industry.

2. Each Contractor and Subcontractor shall keep an accurate record showing the name, craft and the actual hourly rate of wage paid to each workman employed by him in connection with this public Work. This record shall be preserved for two years from date of Project. This record shall be open to the inspection of the Owner, or representative thereof, and to the Secretary of Labor and Industry.

3. Contractor and Subcontractors shall post for the entire period of construction the general prevailing minimum wages for each craft and classification involved, as determined by the Secretary of Labor and Industry, and in a prominent and easily accessible place at the Site of the Work. At a minimum, the posted notice of wage rates must contain the following information:

a. Name of Project.

b. Name of public body for which it is being constructed.

c. The crafts and classifications of workmen listed in the Secretary's general prevailing minimum wage rate determination for the particular Project.

d. The general prevailing minimum wage rates determined for each craft and classification and the effective date of any changes.

e. A statement advising workmen that if they have been paid less than the general prevailing minimum wage rate for their job classification or that the Contractor and/or Subcontractor are not complying with the Act or these Regulations in any manner whatsoever, they may file a protest with the Secretary of Labor and Industry. Any workmen paid less than the rate specified shall have a civil right of action for the difference between the wage paid and the wages stipulated, which right of action must be exercised within six months from the occurrence of the event creating such right.

00 73 43 – WAGE RATE REQUIREMENTS

Herbert, Rowland & Grubic, Inc. 00 73 43 - 2 006566.0459

4. At the completion of the Work and as a prerequisite for acceptance by the Owner, each Contractor and Subcontractor shall file statements with the Owner of the names and amounts of unpaid wages.

5. Each Contractor and each Subcontractor shall file a statement each week under oath and in form satisfactory to the Secretary certifying that all workmen have been paid wages in strict conformity with the provisions, if any wages remain unpaid, to set forth the amount of wages due and owing to each workmen respectively.

6. Contractor and Subcontractors shall make employees available for interviews by the Owner or representative thereof or to the Secretary on a reasonable basis.

Interviews shall be limited to the employee's name, address, dates worked on the Project, hourly rate, job classification, duties, tools and equipment utilized and comments regarding compliance with the labor standards.

B. Attached to this Section are the forms to be used for weekly payroll certifications:

1. Pennsylvania Department of Labor and Industry “WEEKLY PAYROLL

CERTIFICATION FOR PUBLIC WORKS PROJECTS” Form LLC-25, rev 10/03.

LLC-25 REV 10-03 (Page 1)

WEEKLY PAYROLL CERTIFICATION FOR PUBLIC WORKS PROJECTS

Contractor or Subcontractor (Please check one) ALL INFORMATION MUST BE COMPLETED

BUREAU OF LABOR LAW COMPLIANCE

PREVAILING WAGE DIVISION

7TH & FORSTER STREETS

HARRISBURG, PA 17120

1-800-932-0665

CONTRACTOR SUBCONTRACTOR

ADDRESS ADDRESS

PAYROLL NUMBER WEEK ENDING DATE PROJECT AND LOCATION

PROJECT SERIAL # PROJECT #

EMPLOYEE NAME

APPR.

RATE

WORK

CLASSIFICATION

DAY AND DATE

HOURS WORKED EACH DAY

S-

TIME

0-

TIME

BASE

HOURLY

RATE

TOTAL FRINGE

BENEFITS

(C=Cash)

(FB=Contributions)*

TOTAL

DEDUCTIONS

GROSS PAY

FOR

PREVAILING

RATE JOB(S)

CHECK #

C:

FB:

C:

FB:

C:

FB:

C:

FB:

C:

FB:

*SEE REVERSE SIDE

PAGE NUMBER ___________ OF ____________

THE NOTARIZATION MUST BE COMPLETED ON FIRST AND LAST SUBMISSIONS ONLY. ALL OTHER

INFORMATION MUST BE COMPLETED WEEKLY.

*FRINGE BENEFITS EXPLANATION (FB): Bona fide benefits contribution, except those required by Federal or State Law (unemployment tax, workers’ compensation, income taxes, etc.)

Please specify the type of benefits provided and contributions per hour:

1) Medical or hospital care__________________________________________________________________________

2) Pension or retirement ____________________________________________________________________________

3) Life insurance _________________________________________________________________________________

4) Disability _____________________________________________________________________________________

5) Vacation, holiday _______________________________________________________________________________

6) Other (please specify) ___________________________________________________________________________

CERTIFIED STATEMENT OF COMPLIANCE

1. The undersigned, having executed a contract with _____________________________________________________

______________________________ for the construction of the above-identified project, acknowledges that:

(a) The prevailing wage requirements and the predetermined rates are included in the aforesaid contract.

(b) Correction of any infractions of the aforesaid conditions is the contractor’s or subcontractor’s responsibility.

(c) It is the contractor’s responsibility to include the Prevailing Wage requirements and the predetermined rates in any subcontract or lower tier subcontract for this project.

2. The undersigned certifies that:

(a) Neither he nor his firm, nor any firm, corporation or partnership in which he or his firm has an interest is debarred by the Secretary of Labor and Industry pursuant to Section 11(e) of the PA Prevailing Wage Act, Act of August 15, 1961, P.L. 987 as amended, 43 P.S.§ 165-11(e).

(b) No part of this contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation or partnership in which such subcontractor has an interest is debarred pursuant to the aforementioned statute.

3. The undersigned certifies that:

(a) the legal name and the business address of the contractor or subcontractor are: _________________________

(b) The undersigned is:

(c) The name, title and address of the owner, partners or officers of the contractor/subcontractor are:

The willful falsification of any of the above statements may subject the contractor to civil or criminal prosecution, provided in the PA Prevailing Wage Act of August 15, 1961, P.L. 987, as amended, August 9, 1963, 43 P.S. § 165.1 through 165.17.

(AWARDING AGENCY, CONTRACTOR OR SUBCONTRACTOR)

a single proprietorship a corporation organized in the state of ______________ a partnership other organization (describe) ____________________________

NAME TITLE ADDRESS

(DATE)

SEAL

(SIGNATURE)

(TITLE)

Taken, sworn and subscribed before me this _________ Day of ___________________________________ A.D., ___________LLC-25 REV 10-03 (Page 2)

00 73 43-1 - Certification Form llc-25 PA Dep L&I