Davis Bacon Phase 600 Services PSC Scope of Work.pdf

SCOPE AND CONDITIONS FOR PSCs Requested PSC Contract Phase 600 Services related to Davis-Bacon Wage Rate compliance for DTMB projects containing Davis-Bacon Wage Rates

1. PSC personnel conducting tasks shall be able to document completion of having reviewed not fewer than the following Department of Labor Prevailing Wage Seminars (in pdf) at the link https://www.dol.gov/agencies/whd/compliance-assistance/presentations :

1) Davis-Bacon Coverage

2) Davis-Bacon Wage Determination

3) DBA/DBRA Compliance Principles

4) DBA/DBRA Certified Payrolls

5) Davis-Bacon Wage Determination Surveys AND, Fact Sheet #66 (https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs66.pdf) & Fact Sheet #66A https://www.dol.gov/sites/dolgov/files/WHD/fact-sheets/whfs66a.pdf

2. Prepare a submittal log to track weekly submittal of certified payroll by the Contractor. Contractor submittal is due within 7 days of the payroll date for that workweek. Submittals shall use Form WH-347 (https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347.pdf).

Receive from Contractor and acknowledge receipt of submittal for information.

3. Conduct statistically periodic and randomly spot checking to ensure that laborers and mechanics are being paid the applicable prevailing wages and fringe benefits. Additional review may be needed if evidence of non-compliance is documented. Certification of the Contractor’s DTMB440 payment request/voucher by the PSC on the AIA G702 (or equivalent) will be taken by DTMB as verification this condition is being met. Payment for detailed additional review by the PSC shall be paid at hourly rates, as appropriate and approved by

DTMB.

4. Verify posting of wage rates on site.

5. Conduct sufficient interviews onsite to confirm compliance. Utilize professional judgment to discern most opportune times per the Contractor’s schedule to maximize employee and subcontractor personnel feedback.

A request/complaint by a contractor employee or subcontractor warrants an interview. Interviews shall not be conducted any less than quarterly unless the job is suspended or in seasonal shutdown. Each project should not have any less than 2 interviews.

6. PSC shall promptly notify the Contractor of non-compliance issues. Unresolved non-compliance issues at the time of Contractor Payment Request/Voucher review may be addressed by withholding payment(s) sufficient to cover any unpaid prevailing wages owed to workers or to suspend payment until violations have been resolved. PSC shall notify DTMB Project Director and DTMB Field Representative at the time of payment review if non-compliance issues exist.

7. PSC shall seek guidance and refer any guidance needed by Contractors as to Davis-Bacon Related Act

(DBRA) coverage, wage determination applicability, and the classification of work performed in the Contract to U.S. Department of Labor Wage and Hour Division, RhonTia S. Thomas-Johnson, Chief of Construction Determinations at Thomas.RhonTia@dol.gov or CBACONFORMANCE_INCOMING@dol.gov for advisement and “Conformance” process determinations as necessary.

8. Forward certified payroll to DTMB, the client agency, and the Federal Funding Agency if/when requested.

https://www.dol.gov/agencies/whd/compliance-assistance/presentations https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs66.pdf https://www.dol.gov/sites/dolgov/files/WHD/fact-sheets/whfs66a.pdf https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347.pdf mailto:Thomas.RhonTia@dol.gov mailto:CBACONFORMANCE_INCOMING@dol.gov

9. Maintain an organized electronic file of the Certified Payroll submittals and any interview reports, etc. as part of the Project File. Submit entire file to DTMB DCD with the Contractor’s Final Payment Request as a closeout document.

10. DTMB will be the point of reference for guidance related to the performance conditions of this scope without being the resource for DBRA process, interpretation, performance or compliance. The US Dept of Labor is the resource for DBRA assistance. DTMB intends to support the PSC regarding actions toward the Contractor for non-compliance and payment withholding.