Compliance_Requirements.pdf

1 Rev 5/17

CONTRACT COMPLIANCE REQUIREMENTS

FOR LOCAL PUBLIC WORKS PROJECTS

PROJECT: PCTV Server and Studio Lighting Upgrade

PREVAILING WAGE RATE INFORMATION

This project requires the payment of prevailing wages per chapter 39.12 RCW. Workers shall receive no less than the prevailing rate of wage for their work on this locally funded project.

To find applicable wage rates please follow the following steps:

1. Access the L & I website at:

http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp

2. Look up applicable wages/benefit codes using the project bid due date

3. This project will be located in Pierce County. If work will be performed outside of Pierce County, select the county appropriate to the location of work.

4. A copy of prevailing wage rates for this project are available at the Pierce County Procurement & Contract services office for review. A copy may also be mailed to you upon request. Please contact Pierce County Contract Compliance for additional information at 253-798-7456.

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Requirements for this public works project are listed in the following sections:

Section I General Information Section II MWBE Requirements Section III Labor Standards Requirements Section IV Documentation Requirements

SECTION I. GENERAL INFORMATION

It is the policy of the Pierce County Executive and County Council to foster an environment that encourages economic growth and diversification, business development and retention, increases competition and reduces unemployment.

In accordance with Initiative 200 and RCW 49.60, bidders seeking to do business with Pierce County shall not give preference in the award of subcontracts to any person or firm or discriminate against any person or firm on the basis of race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.

Pierce County will take measures necessary to ensure nondiscrimination in all contracts, programs and activities to help remedy the effects of discrimination against minorities and women, and to prevent the County from directly or indirectly participating in or perpetuating the effects of such discrimination.

All parties doing business with Pierce County are encouraged to utilize local businesses and County residents where qualifications and cost effectiveness are deemed competitive.

SECTION II. MBE & WBE PARTICIPATION

A. GENERAL INFORMATION

1. Pierce County has analyzed the engineer’s estimate for this project and has determined that opportunities for subcontracting are available within the scope of work. Bidders are encouraged to solicit proposals from MWBEs and award subcontracts to MWBEs whenever possible.

2. Participation may be on a direct basis in response to this Invitation to Bid or as a

Subcontractor to a Bidder. No minimum level of MWBE participation shall be required as a condition for receiving an award. Bids will not be rejected or considered non-responsive if they do not include MWBE participation. It is incumbent upon all Bidders to ensure that Subcontractors/suppliers are selected in a manner that is fair and equitable based on competitive and cost effective bids received in the solicitation process.

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III. Labor Standards Requirements

A. MINIMUM WAGE RATES FOR LABORERS, WORKMEN AND MECHANICS

1. This section specifies the Minimum Prevailing Wage requirements and other

Labor Standards requirements, which are applicable to this County public works, project. Prevailing wage rates and fringe benefits established by the State Department of Labor and Industries pursuant to RCW 39.12 are applicable to this locally-funded public works project.

2. Provisions of Prevailing Wage law (RCW 39.12) state in part that: “The hourly wages to be paid laborers, workman or mechanics, upon all public works and under all public building service maintenance contracts of the state or any county, municipality or political subdivision created by its laws, shall not be less than the prevailing rate of wages for an hour’s work in the same trade or occupation in the locality within the state where such labor is performed...”.

3. The Contractor and each Subcontractor shall, on or before the date of commencement of work, file an Intent to Pay Prevailing Wage form. The form must be approved by the Washington State Department of Labor and Industries prior to first payment.

4. The Contractor and its subcontractors shall pay all required fees for submittal and processing of such statements directly to the Department of Labor and Industries.

5. Questions concerning prevailing wages shall be referred to the Contract

Compliance Office located in the Pierce County Finance department at (253) 798-7456 or the state Department of Labor and Industries-Prevailing Wage Division in Olympia at (360) 902-5335.

B. UNDERPAYMENT OF WAGES OR BENEFITS

1. If employees are improperly paid prevailing wages, wage restitution will be promptly made for underpayment of and/or benefits by the Contractor, or any Subcontractor, to such laborers or mechanics when directed to do so by Pierce County or by the State of Washington Department of Labor & Industries.

C. PAYROLLS

1. Certified payroll records will be maintained by each and every contractor, subcontractor and sub-tier on the project for three years from the date of acceptance of the project.

2. Records will be kept in accordance with WAC 296-127-320 and submitted to the

Pierce County upon request for inspection at any time.

3. Submission of certified payrolls includes the submission of any approved 4/10 agreement that may exist for employees employed on the project.

D. PAYROLL DEDUCTIONS

1. Deductions shall be made in compliance with the requirements of federal, state, and local laws, such as federal income and social security taxes.

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E. EMPLOYMENT OF APPRENTICES

1. Apprentices and trainees will be permitted to work at less than the prevailing rate for the work they perform when they are employed and individually registered in an approved apprenticeship or training program registered with the Washington State Apprenticeship Training Council.

2. Any employee listed on a payroll at an apprentice or trainee wage rate, who is not an apprentice or is not registered or otherwise employed as stated above, shall be paid the full journeyman wage rate determined by the classification of work he/she actually performed.

F. CONTRACTORS AND SUBCONTRACTORS WHO ARE THEMSELVES

PERFORMING WORK AS LABORERS AND MECHANICS

1. Owners-operators, partners, sole proprietors and/or officers of firms providing labor on public works contracts, must keep accurate records of the time they work on the public works in accordance with WAC 296-127-320.

G. POSTING WAGE DETERMINATIONS AND POSTERS ON JOBSITE

1. The approved Statement of Intent to Pay Prevailing Wage forms for all contractors, subcontractors and sub-tiers employed on this public works project are to be visibly posted where all employees have ready and free access to inspect their contents.

2. Forms to be posted on projects over $10,000:

• Approved copy of prime and all subcontractors Intent to Pay Prevailing

Wages accessible to all employees.

• Copy of the wage rates applicable to the project if Intent is not yet approved

AND a phone number and address of the Industrial Statistician of Department of Labor and Industries where a complaint or inquiry may be made.

• If not feasible to post on jobsite, other posting procedures may be used as outlined in RCW 39.12.020

3. Other posters as required by state, federal or local law or ordinance.

• Information about State and Federal posting requirements can be found here: http://www.lni.wa.gov/FormPub/questions.asp

• Link to State and Federal Agency poster list:

http://www.lni.wa.gov/IPUB/101-054-000.pdf

• Contractors should be aware of potential additional posting requirements for local jurisdictions.

H. PAY REQUESTS

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1. No payment request will be approved until an approved copy of the Statement of Intent to Pay Prevailing Wages has been received by Contract Compliance for the contractor and each subcontractor performing work under the contract.

2. All progress payment requests (whether prepared by the contractor or project manager) must be accompanied by a statement from the contractor certifying that the prevailing wages for all work have been paid in accordance with the approved Statement(s) of Intent To Pay Prevailing Wages on file with the public agency. (RCW 39.12.040)

I. BREACH OF LABOR STANDARDS PROVISIONS

1. In addition to any other causes for termination, Pierce County reserves the right to terminate this public works contract if the Contractor or any Subcontractor breaches any of these Labor Standards Provisions.

J. RESPONSIBILITY OF PRIME CONTRACTOR

1. It is incumbent upon the prime Contractor to read, understand, and comply with the project requirements as stated in the contract specifications. Any contractor of any tier performing work on this public works site is subject to these contract requirements and should be so informed by the prime contractor. Timely progress payments can be dependent upon the submittal of required documentation. Contact the Contract Compliance Office if you have questions at

(253) 798-7456.

SECTION IV. DOCUMENTATION REQUIREMENTS

1. The Contractor and each Subcontractor shall submit the required documentation listed below. Failure to submit documentation may result in withholding of all or a portion of any progress payment or a timely release of retainage.

2. Closeout of this public works contract and the subsequent release of the Contractor’s retainage may not be authorized until all of the requirements of the Contract Compliance program, including the submittal of required documentation, have been fulfilled.

3. Required documents list:

• Statement of Intent to Pay Prevailing Wage and Affidavit of Wages Paid - Prime and all Subcontractors

• Dept. of Revenue Release for projects over $35,000

• L&I Industrial Insurance Release for projects over $35,000

• Employment Security Release for projects over $35,000

• Pierce County Required forms

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PIERCE COUNTY E-VERIFY PROGRAM:

E-VERIFY REQUIREMENTS:

A. As a condition for the award of any County contract for public works in excess of

$100,000.00 or any other County contract in excess of $25,000.00, the business entity or contractor shall enroll in the E Verify program, or its successor, and thereafter shall provide the County documentation affirming its enrollment and participation in the program. The conditions of this Section shall not apply to contracts that:

1. Are only for work that will be performed outside the United States;

2. Are for a period of performance of less than 120 days; or

3. Are only for:

a. Commercially available off-the-shelf items (COTS) as defined by federal law;

b. Items that would be COTS items, but for minor modifications;

c. Items that would be COTS items if they were not bulk cargo; or

4. Provide commercial services that are:

a. Part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications);

b. Performed by the COTS provider; and

c. Are normally provided for that COTS item.

B. Contractors shall be required to continue participation in the E-Verify program throughout the course of their business relationship with the County.

C. If a Contractor described in subsection A. uses a subcontractor whose work in connection with the performance of the contract would be subject to the requirements of subsection A.

were the contract to be with Pierce County, the subcontractor shall, as a condition of contract, certify to the contractor in a manner that does not violate federal law that the subcontractor has registered and is participating in the E-Verify program and will not knowingly employ or contract with an unauthorized alien.

Enforcement of E-Verify Contract Terms.

A. The Contractor must provide certification of enrollment with bid submittal. The Contractor is responsible for verification of every applicable subcontractor. Pierce County reserves the right to require a copy of a Memorandum of Understanding between the contractor or any Subcontractor and Department of Homeland Security upon request at any time during the project verifying the contractor’s enrollment.

B The County shall suspend a contract with any business entity or contractor that the United States Attorney General or the Secretary of Homeland Security has found to have been in violation of 8 U.S.C. § 1324a should the business entity or contractor fail to correct the violation within 30 business days of receiving notice of the violation from the United States Attorney General or the Secretary of Homeland Security.

C. Any suspension for E Verify noncompliance shall terminate one business day after a legal representative of the business entity or contractor submits, at a County office designated by the Executive, a declaration signed under penalty of perjury of the laws of the state, in the form provided by the County, stating with specificity that the violation has ended.

The Federal E-Verify Program is a web-based application that can be accessed at www.dhs.gov/everify.