ESBD_File_344034_3202400113 Solicitation.docx

INVITATION FOR BIDS (IFB)

TEXAS WORKFORCE COMMISSION

Accounts Payable Email: APPO@twc.state.tx.us

TEXAS WORKFORCE COMMISSION

Name: Rachel Dean, CTCD Email: vendorproposals@twc.texas.gov

VENDOR TEXAS IDENTIFICATION NUMBER:

(issued by the Texas Comptroller of Public Accounts)

VENDOR FEDERAL EMPLOYER IDENTIFICATION NUMBER:

(issued by the Internal Revenue Service)

Check below to claim a preference under statute:

|_| Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran.

|_| Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran.

|_| Agricultural products grown in Texas |_| Agricultural products offered by a Texas bidder |_| Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran.

|_| Services offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran.

|_| Texas Vegetation Native to the Region |_| USA produced supplies, materials or equipment |_| Products of persons with mental or physical disabilities

|_| Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel |_| Energy Efficient Products |_| Rubberized asphalt paving material |_| Recycled motor oil and lubricants |_| Products produced at facilities located on formerly contaminated property |_| Products and services from economically depressed or blighted areas |_| Vendors that meet or exceed air quality standards |_| Recycled or Reused Computer Equipment of Other Manufacturers |_| Foods of Higher Nutritional Value

Due to COVID-19, TWC only accepts emailed bids. If a hard copy of the bid is submitted, it will not be screened and will not be returned. Bids received after the submission deadline will be disqualified.

909-24 909-63 910-62 910-65

FAILURE TO SIGN MAY DISQUALIFY BID – SIGNATURE MUST BE IN INK

Contents

Respondents should carefully study all specifications, terms, and conditions prior to submitting a bid.

1. INTRODUCTION:

a. Texas Workforce Commission (TWC) is accepting bids to furnish all labor, materials, insurance, equipment, and supervision necessary to buildout a new training room located at the McAllen Tele center, 400 East Hackberry St., McAllen, TX 78501.

b. The solicitation will be issued in accordance with Texas Government Code, Title 10, Chapters 2151 through 2176 and rules of the Comptroller of Public Accounts (CPA). TWC notifies the public by posting this IFB solicitation through the CPA website on the Electronic State Business Daily (ESBD) at the following internet address: http://txsmartbuy.com/esbd.

c. The individual listed below may be emailed for clarification of this solicitation. No authority is intended or implied that the specifications may be amended, or alternates accepted prior to bid opening without written approval of the TWC.

Purchaser: Rachel Dean, CTCD Email: vendorproposals@twc.texas.gov

d. TWC will accept electronic email submission bids only. Hard copy bids will not be accepted or processed.

2. BID SUBMITTED BY EMAIL

a. Submit your response:

TO: vendorproposals@twc.texas.gov Subject Line: IFB 3202300113 TWC McAllen Tele Center Training Office Buildout

b. Bids must be returned to TWC not later than 10:00 AM CT, January 5, 2024. Late bids will not be accepted.

c. TWC is not responsible for responses received late, illegible, incomplete, or otherwise considered disqualified due to failure of electronic equipment or operator error.

Submit one (1) original electronic copy of signed TWC Invitation to Bid Form, Attachment III (TWC Cost sheet), bid security if applicable and one (1) signed copy of any Addenda. Should the electronic file attached via email exceed 50MB, submit your response in multiple emails. Indicate the number of emails in the subject line by the following format: IFB 3202300113 TWC McAllen Tele Center Training Office Buildout 2-January 5, 2024. 10:00 AMCT, Email 1 of XX.

Schedule of Event

d. All bid information submitted in the response to this IFB is subject to and will be handled in accordance with the Texas Public Information Act, Government Code, Chapter 552. That Act allows the public to have access to information in the possession of a government body. Therefore, any confidential or proprietary information contained within a proposal must be clearly identified by the Bidder in the proposal itself. Proprietary information identified by the Bidder in advance will be kept confidential by the Agency to the extent permitted by state law.

e. All bid information submitted in response to this IFB must be retained by the Agency for the period specified in the Agency’s record retention schedule created under Government Code, Chapter 441, Subchapter L. The information may not be returned to the Bidder that submitted it during the retention period time.

f. A bid may be withdrawn at any time prior to the bid opening date and time by writing to the Authorized Procurement Contact. A withdrawn bid will not be considered for award but will be retained by the Agency according to this section.

3. STATEMENT OF WORK: The work will include but not limited to the following items.

Perform demolition services of existing office walls and finishes and build office suites including the installation of walls, finishes, doors, electrical work, connecting HVAC elements to existing HVAC ductwork, etc. according to the Construction Drawings dated 10/5/2023. The building will be continuously occupied, and the awarded contractor will coordinate with TWC to minimize disruption to the current occupants. Contractor must submit a project schedule showing completion by 5/1/2024.

a. This solicitation document includes the following items:

i. Invitation to Bid form

ii. Invitation to Bid instructions

vii. Attachment V Construction Drawings (10/5/2023)

viii. Attachment VI Asbestos Identification Report- NOT USED

b. The Awarded Vendor (Prime Contractor to whom award is made) will also be provided with a packet of all forms required to comply with applicable state and federal regulations.

4. INSPECTION OF PROJECT BEFORE SUBMITTING A BID:

a. Each bidder is encouraged to visit the job site at their own expense and verify all measurements and conditions prior to bidding. Bidders should make a prior appointment to schedule this inspection by contacting the agency contact listed below. Visits are to be scheduled during normal working hours. Failure to visit and inspect the site will NOT disqualify your bid; however, no amounts may be added to the bid after bids are opened.

b. Contact vendorproposals@twc.texas.gov for information concerning inspection of the construction site. Prior appointment should be made for onsite inspections. No authority is intended or implied that the specifications may be amended, or alternates accepted prior to bid opening without written approval of the TWC.

5. GUIDANCE FOR BID PREPARATION:

a. Each bidder by signing the bid form certifies that their bid meets or exceeds all mandatory specifications set forth in this IFB.

b. An authorized officer of the vendor must sign the bid. Bids must be responsive to the specifications contained herein but may contain additional information considered pertinent by the bidder. TWC reserves the right to not make an award from this IFB.

c. TWC will not be responsible for any vendor expenses relating to solicited information, bid development, or demonstrations that may result from this procurement action. All responses and supporting material submitted become the property of the State.

d. TWC will not pay any amounts bid and identified as insurance, taxes and/or licensing fees of any kind. Liability for such items remains with the vendor and the firm bid amount quoted must include any such costs the vendor wishes to have included in the transaction.

e. TWC will not be responsible for any vendor’s expenses, including but not limited to, expenses relating to the execution of this contract other than those expressed herein.

6. CONTRACT AWARD:

a. An award will be based upon what TWC considers to be the offering that provides the best value to the agency in accordance with Texas Government Code, Sections 2155.074 and 2156.125. In determining the best value, TWC will consider factors including, but not limited to, the following:

i. Price of product or service.

7. GENERAL CONTRACTOR (AWARDED VENDOR) REQUIREMENTS:

a. Contractor working hours will be from 7:00AM to 5:00PM Monday-Friday and after hours pending prior approval from TWC PM is obtained. Currently this location has employees working Mon-Fri. Every contractor will submit all items needing approval by TWC or the Architect/Engineer before he/she orders, purchases materials, or starts work. Submittals for each trade will be a complete package of products, types, catalog numbers, sizes, colors, specifications, and MSDS information.

b. No hazardous or combustible materials must be stored inside the building. Contractor must be responsible for measures to prevent the migration of dust and other particulate matter from the work area to other areas of the building, surrounding surfaces, and to the neighbors’ properties. Contractor must be responsible for safety and cleanup and must provide for the removal and proper disposal of all trash and broken and unusable material to a legal, off-site location.

c. The drawing(s) included, may or may not be to scale, and may have differences in quantity depicted. Contractors are responsible for determining the actual number, size, and amount of items required to perform their work.

d. The contractor is to guarantee that no Asbestos Containing Materials are used in completing the construction or renovation listed in the IFB.

e. Workers’ Compensation: The hiring contractor will be the employer for the purposes of workers' compensation. The hiring contractor will be required to provide workers' compensation coverage to the subcontractor and the subcontractors’ employees and will have all the rights and responsibilities of an employer. The hiring contractor will be liable for premiums for coverage of the subcontractor and the subcontractor’s employees, but the parties may agree on form DWC-83 that the cost of those premiums will be passed on to the contractor.

f. Contractor may use TWC facilities or utilities only with permission of the local office manager or TWC Project Manager.

g. Contractors must include PURCHASE ORDER NUMBER on all documents and correspondence.

h. A construction schedule, a schedule of values, the name of the job supervisor and submittals must be required before issuance of a start work order on the project. The project supervisor for the contractor must remain on the site at all times while work is being performed.

i. Contractor must keep a legible copy of the Construction Drawings, printed at file size (11” x 17”) or larger onsite at all times during construction.

j. Permits & Regulations: The contractor must procure at his own expense all necessary licenses and permits and must conform to all current codes and laws, regulations, permits, licenses, and ordinances applicable to the performance of this contract, including but not limited to the provisions of:

i. Immigration Reform and Control Act of 1986;

ii. National and Southern Building Code;

iii. American Institute of Architects;

iv. Local, State, and Federal Pollution Regulations;

v. National Fire Prevention Association, 101 Life Safety Code;

vi. Texas Accessibility Standards;

vii. American Disability Act;

viii. International Electrical Code;

ix. International Mechanical Code;

x. International Building Code;

xi. International Plumbing Code;

xii. State Energy Conservation Office.

k. Pollution Control: The contractor must provide to the TWC Project Manager in writing his/her proposal, methods, and control plan, for the removal and disposal of pollutant that is generated or introduced by his or her operation. (Example: chemicals, trash, water run-offs, etc.). Pollution control measures for the contractor outside of the State Highway right-of-way will not be covered by the EPA’s general permit. The contractor must obtain his own Notice of Intent for his or her operations. These pollution controls will not be measured for payment but must be performed at the Contractor’s expense. The contractor is responsible for obtaining all permits required by all and any governmental entity including TCEQ.

l. TWC reserves the right to any and all salvage from materials or items removed from TWC buildings or projects.

m. The contractor must provide a one (1) year, no dollar limit warranty on all material and labor from the date of acceptance by TWC. All manufacturers' warranties must also apply.

n. If applicable, the contractor must provide TWC and the Architect/Engineer with a set of clean, dated and signed As-Built drawings before final payment is made.

o. The contractor is hereby notified that the project completion time countdown will start at written notification of award and must be complete no later than thirty (30) calendar days (make this number meet the 5/1/2024 deadline based on estimated award date) following the Notice to Proceed date at 6:30PM to avoid liquidated damages. See Uniform General Conditions Section 8.4.1.

p. CLEANING: All buildings must be cleaned prior to the project completion date and turn over to TWC occupancy. The contractor must clean all areas to a House Cleaning standard and not a Construction clean. During construction contractor must remove trash and debris on a daily basis.

q. The Contractor must employ only skilled craftsmen working under licensed tradesmen to ensure the highest quality of work. A copy of all certifications and licenses must be provided to the Architect/Engineer and TWC prior to any work being done by the individual certified or licensed.

r. The Contractor must maintain a watertight envelope on each day’s work. If the Contactor allows moisture to enter the Owners facilities, he/she must pay for the cleanup. If the moisture causes any damage to building’s components, electrical supply, mechanical supply, office supplies, stored supplies or other contractors’ products/work the Contractor must pay for the replacement of damaged products.

s. The Contractor must not base his/her Bid on a substitute of any materials, equipment, labor, or methods that would be a variation from what are specified in this solicitation.

8. UNIFORM GENERAL CONDITIONS:

a. The attached Texas Workforce Commission - Uniform General Conditions Building Construction Contracts (Attachment II) are a part of the Invitation for Bid Specifications and will be part of any contract which results from this solicitation.

9. ASBESTOS IDENTIFICATION AND VENDOR AGREEMENT:

a. TWC has determined that this section pertains to this IFB: ☐Yes ☒No If “no” is checked, disregard the remainder of Section 9

b. An Asbestos Inspector, licensed by the Texas Department of State Health Services, has inspected and identified Asbestos Containing Materials (ACM) in one or more of the building sites required to be serviced or accessed in order fulfill specifications of this IFB. TWC has the Asbestos Operation and Maintenance (O & M) Plan(s) for each site identified in this IFB. Available at the site upon request through the Agency’s Asbestos Building Administrator, 101 E. 15th Street, RM 316T, Austin, TX. 78778-0001.

c. TWC requires, to be considered a responsive bid, that bidders acknowledge that;

i. They have reviewed the Asbestos Identification Report in Attachment VI; and,

ii. They have included any and all costs associated with operations and maintenance of ACM as identified in Attachment VI in their bid, including subcontractor costs participating in their bid.

iii. All employees (including sub-contractors) must have training equivalent in curriculum and method to EPA awareness training (29 CFR 1926.1101). Training must focus on the possible locations of ACM or PACM and ways to recognize damage, deterioration and avoid exposure. The course must be a minimum of two (2) hours. Prior to starting work, proof of training must be delivered to TWC.

d. The Awarded Vendor will receive the Asbestos Operations Maintenance Plan for each Asbestos Identification Report included in this IFB and an Asbestos O & M Receipt Verification document. Prior to final award and performing any services, the vendor must acknowledge by signing and returning the receipt verification document that;

i. They will comply with the site’s O & M Plan and Texas Asbestos Health Protection Rules, 25 TAC Part 1, Chapter 295, Subchapter C, administered by the Texas Department of State Health Services.

ii. They will communicate the O & M Plan to their employees and subcontractors working at the site(s) as required throughout the term of the contract.

10. REBATES AND CREDITS:

a. This Contractor will be responsible for securing all rebates and credits due the TWC. This must include those given by any Local, City, County, and State entity, manufactures, private Companies, utilities, and or Corporations that offer such programs. The Contractor must notify TWC, in writing, on or before the time for submittals, informing TWC as to what rebates and credits TWC is eligible to receive. The Contractor will timely furnish and submit all required paperwork, information, and forms to qualify TWC for the rebates and credits. Information must be submitted in three copies, one for the rebate provider, one for TWC and one copy for the Architect/Engineer. These rebates and credits will be filed as soon as the information is available but must be completed before final payment is made.

11. PLANS AND SPECIFICATIONS:

a. See Attachment V- Construction Drawings (10/5/2023)

12. DEFINITIONS

Award-The act of accepting an offer, thereby forming a contract between the State and a vendor.

Bid-An offer to contract with the State, submitted in response to an IFB.

Bidder-An individual or entity that submits a bid. The term includes anyone acting on behalf of the individual or entity that submits a bid, such as an agent, employee and representative.

Bidder’s List-A list of vendors that have expressed an interest in doing business with the State. See Centralized Master Bidders List (CMBL) Bid Tabulation-The recording of bids and bid data submitted in response to an IFB. The bid tabulation is used for comparison, analysis, and record keeping.

Centralized Master Bidders List (CMBL)-An online directory, maintained by SPD, containing contact information and product categories of vendors registered to receive procurement opportunities from public entities.

Contract-A legally enforceable agreement between two or more parties.

Contract Term-The period of time during which the Contract will be effective from begin date to end, or renewal date. The Contract Term may or may not be the same as the budget period.

Due Date-Established deadline for submission of a document or deliverable.

Electronic State Business Daily (ESBD)-An online application, administered by SPD, that publishes solicitations for the purpose of informing vendors of procurement opportunities and provides public notice of contract awards.

Invitation for Bid (IFB)-A written solicitation requesting the submission of bids; also referred to as a bid invitation.

Late Response-A response that is received after the date and time established for receipt of responses to a solicitation.

Liquidated Damages-A specified contract provision that entitles the State to demand a set monetary amount determined to be a fair and equitable repayment to the State for loss of service due to contractor’s failure to meet contract requirements.

Opening Date-The date and time that bids are due in response to an IFB. Used interchangeably with the term “Closing Date.”

Solicitation-A document such as an IFB requesting bids from vendors to provide specified goods and services. The term also refers to the process of obtaining responses from vendors to provide specified goods and services.

Specifications-The “line item” descriptors within a solicitation that define the good or service that the vendor must offer to be considered for award.

State-The State of Texas.

Statement of Work-A statement that defines specific services to be performed.

Texas Bidder-For the preference to resolve tie bids, “Texas Bidder” means a business (1) incorporated in Texas, (2) that has its principal place of business in Texas, or (3) that has an established physical presence in Texas.

Texas Resident Bidder-For purposes of reciprocal preference law, “resident bidder” refers to a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas.

TWC-Texas Workforce Commission.

Vendor-A potential provider of goods or services.

13.

ATTACHMENT 1 – TWC Terms & Conditions (10/23)

ATTACHMENT 1 – TWC Terms & Conditions (6/15/2022) Uploaded to ESBD as a separate file

ATTACHMENT II – Uniformed General Conditions (7/20/2022)

Legal Name of Bidder:

Bid Item:

Price

Bonds and insurance.

Cost of materials.

Cost of labor

Other costs

Owner (TWC) allowance

Total Cost

NOTE: This cost breakdown is for information gathering and accounting purposes only. The successful contractor will provide an industry standard cost breakdown, by trade, for use in applications for payment.

Description of alternate bid items if any

ATTACHMENT III – COST WORKSHEET

IFB No. 3202300113

ATTACHMENT IV – PREVAILING WAGE SCALE

"General Decision Number: TX20220271 04/15/2022

Superseded General Decision Number: TX20210271

State: Texas

Construction Type: Building

County: Hidalgo County in Texas.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or 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)(2)-(60).

|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 $15.00 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 2022. | |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: | $11.25 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 2022. |

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 https://www.dol.gov/agencies/whd/government-contracts.

Modification Number Publication Date 0 01/07/2022 1 02/18/2022 2 02/25/2022 3 03/25/2022 4 04/15/2022

ASBE0087-014 06/07/2021

Rates Fringes

ASBESTOS WORKER/HEAT & FROST

INSULATOR (Duct, Pipe and Mechanical System Insulation)....$ 25.22 10.17

BOIL0074-003 01/01/2021

Rates Fringes

BOILERMAKER......................$ 29.47 24.10

CARP1266-002 01/01/2022

Rates Fringes

CARPENTER (Excludes Acoustical Ceiling Installation, Drywall Hanging, Form Work, and Metal Stud Installation)...............$ 26.00 9.12

ELEC0520-005 01/02/2022

Rates Fringes

ELECTRICIAN

Excludes Installation of Sound and Communication Systems.....................$ 31.52 11%+5.73 Low Voltage Wiring Only.....$ 31.52 11%+5.73

ELEV0133-002 01/01/2021

Rates Fringes

ELEVATOR MECHANIC................$ 43.72 36.365

Footnote:

A. 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. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and Veterans Day.

ENGI0450-002 04/01/2014

Rates Fringes

POWER EQUIPMENT OPERATOR

Cranes......................$ 34.85 9.85

IRON0084-011 06/01/2021

Rates Fringes

IRONWORKER, ORNAMENTAL...........$ 26.01 7.56

PLUM0286-010 06/07/2021

Rates Fringes

PIPEFITTER (Including HVAC Pipe Installation)...............$ 32.05 14.92

SFTX0669-002 04/01/2021

Rates Fringes

SPRINKLER FITTER (Fire Sprinklers)......................$ 31.68 22.50

* SHEE0067-007 04/01/2022

Rates Fringes

SHEET METAL WORKER

Excludes HVAC Duct Installation................$ 27.89 16.25 HVAC Duct Installation Only.$ 27.89 16.25

* SUTX2014-049 07/21/2014

Rates Fringes

BRICKLAYER.......................$ 20.07 0.00

CARPENTER (Acoustical Ceiling Installation Only)...............$ 14.00 ** 0.00

CARPENTER (Form Work Only).......$ 15.62 0.05

CEMENT MASON/CONCRETE FINISHER...$ 15.71 0.00

DRYWALL FINISHER/TAPER...........$ 17.06 4.43

DRYWALL HANGER AND METAL STUD

INSTALLER........................$ 17.47 3.45

ELECTRICAL INSTALLER (Sound and Communication Systems) (Excludes Wiring)................$ 18.00 2.30

FLOOR LAYER: Carpet.............$ 21.88 0.00

GLAZIER..........................$ 12.83 ** 0.00

HVAC MECHANIC (HVAC Unit Installation Only)...............$ 23.78 6.89

IRONWORKER, REINFORCING..........$ 12.27 ** 0.00

IRONWORKER, STRUCTURAL...........$ 20.73 5.24

LABORER: Common or General......$ 11.44 ** 0.00

LABORER: Mason Tender - Brick...$ 12.22 ** 0.00

LABORER: Mason Tender - Cement/Concrete..................$ 11.85 ** 0.00

LABORER: Pipelayer..............$ 12.45 ** 0.00

LABORER: Roof Tearoff...........$ 11.28 ** 0.00

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 19.43 3.49

OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 13.00 ** 0.00

OPERATOR: Bulldozer.............$ 14.00 ** 0.00

OPERATOR: Drill.................$ 14.50 ** 0.00

OPERATOR: Forklift..............$ 16.64 6.26

OPERATOR: Grader/Blade..........$ 19.30 0.00

OPERATOR: Loader................$ 14.00 ** 0.00

OPERATOR: Mechanic..............$ 18.75 5.12

OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 16.03 0.00

OPERATOR: Roller................$ 11.25 ** 0.00

PAINTER (Brush, Roller and Spray), Excludes Drywall Finishing/Taping.................$ 18.76 6.35

PLUMBER, Excludes HVAC Pipe Installation.....................$ 23.57 6.37

ROOFER...........................$ 12.00 ** 0.00

TILE FINISHER....................$ 11.32 ** 0.00

TILE SETTER......................$ 16.35 0.00

TRUCK DRIVER: Dump Truck........$ 12.39 ** 1.18

TRUCK DRIVER: Flatbed Truck.....$ 19.65 8.57

TRUCK DRIVER: Semi-Trailer Truck............................$ 12.50 ** 0.00

TRUCK DRIVER: Water Truck.......$ 12.00 ** 4.11

WATERPROOFER.....................$ 16.30 0.06

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

** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00) or 13658 ($11.25). Please see the Note at the top of the wage determination for more information.

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) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four-letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which 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. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of 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. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

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

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write 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 the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write 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 by 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

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

ATTACHMENT IV – Prevailing Wage Scale

ATTACHMENT V – Construction Documents image1.png