Attach 5 - DBA NY20240019 Building 28 March 2025.pdf

"General Decision Number: NY20250019 03/28/2025

Superseded General Decision Number: NY20240019

State: New York

Construction Type: Building

County: Niagara County in New York.

BUILDING CONSTRUCTION PROJECTS (except single family homes and apartments up to and including 4 stories), 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 $17.75 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 2025. | |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: | $13.30 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 2025. |

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 01/03/2025 1 03/14/2025 2 03/28/2025

ASBE0004-001 05/01/2024

Rates Fringes

ASBESTOS WORKER/HEAT & FROST

INSULATOR (include application of all materials, protective coverings, coatings, and finishings to all types of mechanical systems).........................$ 36.85 29.24

HAZARDOUS MATERIAL HANDLER.......$ 34.15 26.09

BRNY0045-002 07/01/2023

Rates Fringes

Bricklayer, Stonemason...........$ 36.82 31.33 Marble mason.....................$ 36.85 30.80 Pointer, cleaner and caulker.....$ 36.82 31.33 Tile & Terrazzo Worker...........$ 36.85 30.80 Tile, Marble & Terrazzo Finisher.........................$ 33.71 16.54

CARP0276-016 07/01/2024

Rates Fringes

Carpenters (Including Drywall Hanging & Acoustical Ceiling Installation) Carpenters and Soft Floor Layers......................$ 34.26 25.94 Millwrights.................$ 32.28 25.36

ELEC0237-001 05/27/2024

Rates Fringes

Electricians:

Cable Splicers..............$ 37.40 27.44 Electricians................$ 42.20 32.59

ELEV0014-001 01/01/2025

Rates Fringes

ELEVATOR MECHANIC................$ 62.39 38.435+a+b

FOOTNOTE:

a.Vacation: 6%/under 5 years based on regular hourly rate for all hours worked. 8%/over 5 years based on regular hourly rate for all hours worked.

b. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Veterans' Day; Thanksgiving Day; the Friday after Thanksgiving Day; and Christmas Day.

ENGI0017-010 07/01/2024

Rates Fringes

POWER EQUIPMENT OPERATOR

Backhoe Operators Group A1...................$ 43.00 34.30 Bulldozer Group A1...................$ 43.00 34.30 Forklift Operator/Lull Group A1...................$ 43.00 34.30 Loader Group A1...................$ 43.00 34.30 Roller Group A1...................$ 43.00 34.30

IRON0009-003 07/01/2024

Rates Fringes

Ironworkers:

IRONWORKER..................$ 34.75 31.88

SHEETER.....................$ 34.75 31.88

LABO0091-001 07/01/2023

Rates Fringes

Laborers:

GROUP 1....................$ 32.45 41.36+a GROUP 2....................$ 35.70 41.36+a GROUP 3....................$ 33.45 41.36+a GROUP 4....................$ 33.30 41.36+a GROUP 5....................$ 33.05 41.36+a GROUP 6....................$ 32.95 41.36+a GROUP 7....................$ 32.75 41.36+a GROUP 8.....................$ 34.45 41.36+a GROUP 9.....................$ 37.45 41.36+a

LABORER CLASSIFICATIONS

GROUP 1: Common Laborers, Decontamination of all machines;

Horizontal Directional Drill/Locator; All terrain vehicles with attachments/All wheel or track types

GROUP 2: Blasters, Grade Checker; 10% of Base Rate

GROUP 3: Wagon Drill-Airtrack, Self-Contained Drill

GROUP 4: Laser Beam Operator

GROUP 5: Road Finisher, Form Setter, Gunnite Nozzleman, Sandblasters, Burning Torch, Concrete Saw Operators, Grout Machine and Grout Pumps Operator

GROUP 6: Video Machine Operator in inspection of Pipe

GROUP 7: Potman, Pipelayers, Pavement Breakers or Busters, jackhammer operators; barco rammers; chain saw; powder monkey; black top rakers; scalers; drill tenders; mortar mixers; Concrete polishing machine; Operation & maintenance of all Robotic Remote Systems in hazardous environment;

Peration C men working from swinging scaffold bosum chair;

suspended cage or bucket; work in caissons below 8 feet;

concrete motor buggy; all other operators of mechanical tools, including vibrators egardless of type of power.

GROUP 8: The handling, loading, unloading, stacking, distribution, erection and dismantling of any and all types of scaffolding and/or work platforms used in the removal of insulating material regardless of the composition of said material. The removal of all insulation materials whether they contain asbestos or not from mechanical systems, (pipes, boilers,ducts, flues, breechings, etc.) on all mechanical systems (pipes, boilers, ducts, flues, breeching, etc.) that are going to be scrapped. The removal of all insulating materials whether they contain asbestos or not. The removal of all asbestos containing materials from walls, ceilings, floors, columns and all other non-mechanical structures and surfaces, etc;

GROUP 9: Use of supplied air respirators

FOOTNOTE:

a. PAID HOLIDAYS: Memorial Day, Labor Day, Thanksgiving Day

* PAIN0004-009 05/01/2024

TOWNSHIPS OF HARTLAND, LOCKPORT NORTH TONAWANDA, NEWFANE,

PENDLETON, ROYALTON, SOMERSET and the eastern halves of CAMBRIA and WILSON

Rates Fringes

Painters:

BRUSH & ROLLER..............$ 31.37 27.91

DRYWALL/TAPING..............$ 32.86 27.52

PAIN0004-010 05/01/2017

TOWNSHIPS OF LEWISTON, NIAGARA FALLS, PORTER, WHEATFIELD and the western halves of CAMBRIA and WILSON

Rates Fringes

Painters:

Painters....................$ 25.95 23.69 Tapers/Dry Wall.............$ 26.45 23.69

PAIN0004-012 05/01/2023

Rates Fringes

GLAZIER..........................$ 30.48 26.34

PLAS0111-003 07/01/2023

Rates Fringes

CEMENT FINISHER..................$ 32.45 34.17

PLASTERER........................$ 30.15 20.49

PLUM0022-005 04/29/2024

Rates Fringes

Plumber and Steamfitter

ZONE 1......................$ 42.20 29.80

ROOF0074-002 06/01/2024

Rates Fringes

Roofers:

Composition.................$ 34.96 26.03 Slate & Tile................$ 35.11 26.03

SHEE0071-002 05/27/2024

Rates Fringes

Sheet metal worker...............$ 39.50 29.18

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

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 classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.

Union Rate Identifiers

A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate 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. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.

Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification.

Union Average Rate Identifiers

The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:

UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.

The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.

A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based.

Survey Rate Identifiers

The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the 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. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier.

?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1).

State Adopted Rate Identifiers

The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.

The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.

WAGE DETERMINATION APPEALS PROCESS

1) Has there been an initial decision in the matter? This can be:

a) a survey underlying a wage determination

b) an existing published wage determination

c) an initial WHD letter setting forth a position on a wage determination matter

d) an initial conformance (additional classification and rate) determination

On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to:

Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations.

Requests can be submitted via email to BCWD-Office@dol.gov or by mail 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 an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail 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 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.

END OF GENERAL DECISION"