15_Prev_Wage_Notification_(2024.12.27).pdf

PDF 49 KB Posted

Attached to
Payne Avenue Improvements
Solicitation number
AR2612
Issued by
Cuyahoga County, Ohio

About this file

This is a Prevailing Wage Notification document issued by the City of Cleveland for the Payne Avenue Improvements project, a Progressive Design-Build contract managed by the Mayor's Office of Capital Projects. The notification establishes that all contractors and subcontractors must comply with Ohio Prevailing Wage Laws under Chapter 4115 of the Ohio Revised Code. Contractors are required to pay laborers and mechanics in accordance with prevailing wage scales determined by the Ohio Department of Commerce for Cuyahoga County, with rates accessible through the Ohio Department of Commerce, Labor and Worker Safety Division website at http://l98.234.41.198/w3/webwh.nsf?Opendatabase or available in printed form from City Hall (Room 128, 601 Lakeside Ave., Cleveland OH) at five cents per page. It is the bidder's sole responsibility to ascertain applicable prevailing wage rates and develop compliant bids.

Contractors must compensate all covered employees at rates not less than the posted hourly wage and fringe benefit rates for applicable job classifications, with overtime paid at one and one-half times the basic hourly rate for hours exceeding forty per week. All compensation must be paid by company check directly to workers and fringe benefit programs. Contractors are required to post wage rates prominently on-site, furnish each covered employee with Form whpw1512 on the first pay date, and submit certified payrolls on Form whpw1509 weekly beginning three weeks after work commencement. Upon project completion, contractors must submit Form LAW1003 (Affidavit of Compliance) before receiving final payment. Failure to comply with prevailing wage requirements constitutes a material breach of contract and may result in contract termination, contractor debarment, suspension of City certifications, and withholding of payment. The City's Prevailing Wage Coordinator supervises compliance administration, and all payroll records must be made available for inspection by authorized City and State representatives.

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Prevailing Wage Notification

This contract is subject to Ohio Prevailing Wage Laws, Chapter 4115 of the Ohio Revised Code. The Contractor and all subcontractors shall comply with all provisions contained therein or as otherwise provided by this note.

The Contractor guarantees that the prevailing wage scale to be paid to all laborers and mechanics employed on this contract shall be in accordance with the schedule of the prevailing hourly wage and fringe benefits as determined by the Ohio Department of Commerce for the county in which the work is being performed. The failure to pay prevailing wages_ to all laborers and mechanics employed on this project shall be considered a breach of contract. Such a failure may result in a revocation or suspension of any and all City of Cleveland certifications held by the contractor and/or subcontractor as well as suspension or debarment from eligibility to compete for any future City of Cleveland work.

A schedule of the most current prevailing wage rates may be accessed by registering with the Ohio

Department of Commerce, Labor and Worker Safety Division, Wage and Hour Bureau at the following address:

http://l 98.234.41.198/w3/webwh.nsf?Opendatabase

Printed copies of Prevailing Wage Rates are also available upon request to bidders at Room 128 City Hall, 601

Lakeside Ave., Cleveland OH. There is a charge of 5 cents per page.

It is entirely the Bidder's responsibility to ascertain for him or her self any and all Prevailing Wage Rates that apply to this contract, to develop and submit a bid that complies in all aspects to the Ohio Prevailing Wage

Laws, Chapter 4115 O.R.C., and, should a contract be awarded to the Bidder, to comply completely with any and all applicable requirements of Ohio Prevailing Wage Laws, Chapter 4115 O.R.C. and the City of

Cleveland throughout the entire contract.

The Contractor and all subcontractors shall compensate the employees on this contract at a pay rate not less than the hourly wage and fringe rate listed on the website noted above, for the applicable job classification or as may be modified by the Ohio Department of Commerce, Labor and Worker Safety Division, Wage and

Hour Bureau, when new prevailing rates are established.

Overtime shall be paid at one and one-half times the basic hourly rate for any hours worked beyond forty hours during a pay week. The Contractor and all subcontractors shall pay all compensation by company check to the worker and fringe benefit program.

The wage and fringe rates determined for this project or as may be later modified, shall be posted by the

Contractor in a prominent and accessible place on the project, field office, or equipment yard where they can be easily read by the workers or otherwise made available to the workers. On the first pay date of contract work the Contractor and all subcontractors shall furnish each employee covered by prevailing wage a completed Form whpw1512: Prevailing Wage Notification to Employee in accordance with Section 4115.05

O.R.C., showing the classification, hourly pay rate and fringes, and identifying the City's Prevailing Wage

Coordinator (CPWC), if such employees are not covered by a collective bargaining agreement or understanding between employers and bona fide organizations of labor. These forms shall be signed by the

Contractor or subcontractor and the employee and kept in the Contractor's or subcontractor's payroll files.

The Contractor and all subcontractors shall submit to the City's Prevailing Wage Coordinator (CPWC) or other designated Department Representative, certified payrolls on form whpw1509 or equivalent form meeting the reporting requirements established by Ohio Revised Code Chapter 4115, in accordance with

Sections 4115.07 and 4115.0719(c) O.R.C., three weeks after the start of work and every subsequent week until the completion of the project. Additionally, a copy of the "Apprentice Certification" obtained from the Ohio

State Apprenticeship Council must accompany all certified payrolls submitted for all apprentices working on the contract.

Upon completion of the contract and before the final payment, the Contractor shall submit to the CPWC a final wage affidavit, by executing Form LAW1003: Affidavit of Compliance PREVAILING WAGES, or equal, in accordance with Section 4115.07 O.R.C. stating that all wages have been paid in conformance with the minimum rates set forth in the contract. This affidavit must be submitted to the City before the surety is released or final payment due under the terms of the contract is made.

It is ultimately the responsibility of the Contractor to ensure that all laws relating to prevailing wages in Chapter

4115 O.R.C. are strictly adhered to by all subcontractors.

The Contractor and all subcontractors shall make all of its payroll records available for inspection, copying or transcription by any authorized representative of the City of Cleveland or the State of Ohio. Additionally, the

Contractor and all subcontractors shall permit such representatives to interview any employees during working hours while the employee is on the job.

Compliance with Prevailing Wage is of the essence of the contract. Section 123.08(b) (6) (c) C.O. establishes the Director of O.E.O. as responsible for compliance. Each department has a Prevailing Wage Coordinator.

Each project has a Prevailing Wage Coordinator, who shall be designated the CPWC for the project. The

Contractor is responsible for cooperating fully with all. City personnel in administering Prevailing Wage.

If the Contractor or any subcontractor fails to comply with any of the provisions contained in this Prevailing

Wage Notification, the City may terminate the contract, suspend or debar the Contractor or subcontractor, suspend or cancel all City certifications held by the Contractor or subcontractor, and/or withhold or suspend pay estimates after written notice and a reasonable opportunity to comply has been provided.

This notice shall become an integral part of any contract or contracts issued pursuant to this Invitation to Bid.

Jeh120709

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