IFB_5000_RBB1014REBID_ATT_13_v1.pdf

Bidding Requirements, Contract Forms and Conditions of the Contract

WAGE RATES AND PAYROLL REPORTING

Section 00830

1. PAYMENT

1.1. Classification Definitions, Building and Heavy and Highway

1.1.1. Definitions for Building Construction and Heavy and Highway classifications shall conform to the current “Occupational Information Network (O*NET)” as approved by the U.S. Department of Labor. For interpretive guidance, the Core Task list in O*NET will be used to make prevailing wage determinations. Final classification of workers will be made by the OWNER.

1.2. Minimum Wages

1.2.1. Workers on Project shall be paid not less than wage rates, including fringe benefits, as published by the Department of Labor (DOL) or the $22.15 minimum wage required by City of Austin Ordinance No. 20160324-015, whichever is higher. The Total Minimum Wage required can be met using any combination of cash and non-cash qualified fringe benefits provided the cash component meets or exceeds the $22.15 minimum wage required.

1.2.2. Such wage rates shall be used throughout the Contract. If a classification is to be used, which is not listed in the attached wage rates, CONTRACTOR shall submit to OWNER rates and classification proposed for use, for approval, prior to performance of the Work.

1.2.3. All laborers and mechanics working upon the Work for this Project shall be paid weekly, unconditionally and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by Secretary of Labor under the Copeland Act, Title 29 CFR, Part 3) full wages accrued and when due, computed at rates not less than wage rates bound herein pertaining to type of Work being performed. When Work is of such a nature that both Building and Heavy and Highway wage scales are incorporated into contract, CONTRACTOR shall pay wage rates to mechanics or laborers performing Work in more than one classification at the rate indicated for each classification for time actually worked as determined by area practice applicable to type (Site Construction Crafts or Building Construction Crafts) of Work being performed without regards to skill. Salaried specialists (project superintendent and administrative personnel only) in the permanent employment of CONTRACTOR do not fall under any Wage Classification. A supervisor/foreman who is not exempt under 29 CFR Part 541 and who spends more than a substantial amount of time (20 percent) in a given workweek as a laborer or mechanic must be paid the applicable Wage Rate for the classification of work performed for all hours engaged in such work as a laborer or mechanic.

1.2.4. Wage rates shall be posted by CONTRACTOR at site(s) of Work in prominent, easily accessible places where they can be seen by all workers. The following shall also be posted by the CONTRACTOR: City of Austin wage contact posters (English and Spanish), City of Austin Equal Employment Opportunity posters (English and Spanish), Workers’ Compensation Notice (English and Spanish), Texas Payday Law (English and Spanish), City Rest Break Ordinance (English and Spanish), City of Austin Non-Discrimination Statement (related to Title VI of the Civil Rights Act), and Federal Notices, as appropriate.

1.3. Overtime Requirements

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1.3.1. No CONTRACTOR, Subcontractor, or Sub-subcontractor contracting for any part of contract Work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is employed on such Work, to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times their basic rate of pay for all hours in excess of forty hours in such workweek.

1.3.2. Overtime wages must be calculated using the Adjusted Wage Rate specified in the Wage Rate Determination or the actual basic rate of pay, whichever is higher.

2. APPRENTICES

2.1. Locally and Federally Funded Projects

2.1.1. The terms journeyman and apprentice apply to both union and independent workers, and are not intended to imply that these positions are union workers only.

2.1.2. Apprentices and Trainees will be permitted to work as such only when they are registered, individually, under a bonafide Apprenticeship or Trainee program registered with the Bureau of Apprenticeship and Training, United States Department of Labor. The allowable ratio of Apprentices or Trainees to journeymen in any craft classification shall not be greater than the ratio permitted to CONTRACTOR as stated in the registered apprenticeship program standards.

Any employee listed on a payroll at an Apprentice or Trainee wage rate, who is not registered as above, shall be paid the wage rate provided in Contract for Work employee actually performed. CONTRACTOR, Subcontractor, or Subsubcontractor shall furnish to OWNER written evidence of registration of his program for Apprentices and Trainees as well as of the appropriate ratios and wage rates, for the area of construction prior to using any Apprentices or Trainees on this Contract.

3. WITHHOLDING PAYMENTS

3.1. OWNER may withhold or cause to be withheld from CONTRACTOR as much of the accrued payments as necessary to pay laborers and mechanics employed by CONTRACTOR, Subcontractors, or Sub-subcontractors the amount of wages required to comply with the Contract. In the event of nonpayment of wages to laborers or mechanics working on the site of the Work of this Contract, OWNER may, after Written Notice to CONTRACTOR, take such action as may be necessary to cause suspension of any further payments or advance of funds to CONTRACTOR until such violations have ceased and until restitution has been made. Payments may also be withheld if CONTRACTOR fails to maintain weekly payroll reports or fails to provide copies in a timely manner upon request of OWNER.

4. PAYROLLS

4.1. CONTRACTOR shall keep records showing:

4.1.1. The name, address, e-mail address, and occupation of each worker employed by the CONTRACTOR or subcontractor(s) in the construction of the public work.

4.1.2. The actual per diem wages paid to each worker.

4.1.3. Employee Certification. CONTRACTOR, all levels of Subcontractors shall identify in writing, the classification agreed to by all laborers and mechanics employed by them in the execution of the Contract, and pay not less than rates specified in the

Rev. Date 08/17/2026 Wage Rates and Payroll Reporting / 00830 Page 2 of 5 attached Wage Rate Determination(s). Contractor shall prepare a completed form for the signature of Employee and a witness shall sign the form in the presence of Employee. If work performed by worker is different than the trade classification agreed upon, the worker shall be paid for that work no less than the minimum prevailing wage for that specified trade.

4.1.4. Payroll Deduction Authorization Form. CONTRACTOR, Subcontractor, and Sub subcontractor shall prepare for employee signature a payroll deduction authorization form to identify all payroll deductions excluding those required by statute, such as federal income taxes, Medicare and social security.

4.2. The record shall be open at all reasonable hours to inspection by the officers and agents of the OWNER as requested. CONTRACTOR will be responsible to provide copies of records as requested by the OWNER within two (2) working days. Payrolls relating to this Work shall be maintained during term of Contract and preserved for a period of three (3) years thereafter by CONTRACTOR for all laborers and mechanics working on the Work.

4.3. A Statement of Compliance, a letter signed and dated by party responsible for supervising the payment of persons employed by CONTRACTOR or subcontractor shall accompany payrolls required by OWNER. The Statement of Compliance letter shall identify but is not limited to:

4.3.1. Name of signatory party and title

4.3.2. Name of project, payroll period and

4.3.3. Name of CONTRACTOR orSubcontractor

4.4. The signed letter attests that the payroll complies with 29CFR issued by the Secretary of Labor.

4.5. Federal Funding. In the event that federal funding is used:

4.5.1. Contractor and all levels of Subcontractors shall submit weekly certified payroll reports and signed wage compliance statements to the OWNER’s designated office no later than seven (7) calendar days after the scheduled payday.

4.5.2. Contractors and all levels of Subcontractors shall pay all “mechanics and laborers” not less often than once per week, for work performed the previous week.

4.5.3. Submit to the OWNER’s designated office Standard Form 1413, Statement and Acknowledgement, from each subcontractor prior to the subcontractor performing work on the project.

4.5.4. Contractor is responsible for providing a prevailing wage compliance software or application for this project, such as LCPtracker, eMars, or equivalent. Contractor is responsible for all costs associated with purchasing the prevailing wage compliance software or application and should include this cost in their Bid. At a minimum, the software or application must meet the following requirements:

• A web or cloud based, secure system providing an automated process for collecting certified payroll reports

• Provide OWNER access to review certified payrolls for compliance with Section 00830

• Incorporate the contract specific Wage Rates (Section 00830HH and/or BC)

• Provide initial training, setup, and support to all users

• Provide the mapping and capability to import payrolls from both the prime

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• No additional cost for multiple users or subcontractors

• Provide error messages and remedies for potential areas of non-compliance

• Store and provide access to worker apprenticeship or trainee certificates

5. NONCOMPLIANCE

5.1. According to Chapter 2258 Texas Government Code Title 10A, a CONTRACTOR or subcontractor(s) who violates this section shall pay to the political subdivision on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. A public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter.

5.2. Confirmed Disciplinary action taken by CONTRACTOR against employees who provide information during an interview or investigation by the OWNER on wages received, may result in suspension or debarment from consideration of award of City contracts.

5.3. All employers are required to complete Wage Theft Training within 30 days of being awarded a City contract and certify they have not been adjudicated for certain offenses related to the City of Austin’s Wage Theft Ordinance No. 20221002-031.

5.4. The misclassification of employees as independent contractors may deny workers City of Austin minimum wage, overtime pay, and other protections. Any worker who does not have statutory deductions taken out of his pay is considered a subcontractor and must be on the approved compliance plan through ASMBR.

6. AREA PRACTICE

6.1. Heavy and Highway Construction Rates shall be used on this Project, unless the Project consists primarily of Building Construction and Building Construction Rates are to be used.

6.1.1. Building Construction consists generally of all aspects of construction of buildings, which are sheltered enclosures with walk-in access for the purpose of housing persons, machinery, equipment or supplies, including without limitation the installation of utilities and equipment, both above and below grade level, as well as incidental demolition, grading, utilities, paving and other site work.

Buildings need not be “habitable” to be classified as Building Construction and the installation of heavy machinery and/or equipment will not generally change a Building Construction project’s classification.

6.1.2. The determination of Building Construction Wage Rates includes all construction trades and work necessary to complete a building, regardless of the number of contracts involved, so long as all such contracts are closely related in purpose, time and place.

6.2. For projects that involve both Building Construction and Heavy and Highway trades, the following classifications shall be used:

6.2.1. A multiple classification shall be used if Building Construction items are more than 20% of the Heavy and Highway project cost.

6.2.2. A multiple classification shall be used if Heavy and Highway Construction items are more than 20% of the Building Construction Project cost.

6.3. Split classifications/multiple wage rate schedules: When construction work requires that

Rev. Date 08/17/2026 Wage Rates and Payroll Reporting / 00830 Page 4 of 5 an employee perform work under multiple classifications or multiple wage scales, the employer must pay that worker (at least) the highest prevailing wage or the employer payroll records must accurately set forth the times spent performing the work of each classification and under each scale. For those projects that involve both Building Construction and Heavy and Highway trades, the Heavy and Highway wage rates may only be applied to workers when engaged in site work at least five (5) feet beyond the building.

7. WAGE UPDATES AFTER CONTRACT AWARD

7.1. A wage determination modification issued after contract award, or the start of construction will generally not apply to the contract. However, in certain circumstances, such as substantial contract modifications or the exercise of options, an updated wage determination modification must be included in the contract after contract award.

7.2. Wage determinations must be updated after contract award when:

7.2.1. The contract or order is changed to include additional, substantial construction not within the scope of work, or

7.2.2. The contract or order is changed to require the contractor to perform work for an additional time period not originally obligated, including when an option is exercised on a contract or order.

7.3. Wage determinations in contracts requiring construction over a period of time that are not tied to the completion of any particular project (such as IDIQ contracts, schedule contracts, or long-term operations and maintenance contracts) must be updated annually.

7.4. Delivery orders issued under such IDIQ-type contracts must incorporate the most recent wage determination modification in the master contract at the time the delivery order is awarded.

8. TEXAS OPEN RECORDS ACT

8.1. Unless covered by an exception to mandatory disclosure under the Texas Public Information Act, Chapter 552, Texas Government Code, any and all documents submitted to the City of Austin become Public Records and are, therefore, subject to public disclosure.

END

Rev. Date 08/17/2026 Wage Rates and Payroll Reporting / 00830 Page 5 of 5

Bidding Requirements, Contract Forms Conditions of the Contract

Rev. Date 08/17/2026 Wage Rates Payroll Reporting Heavy Highway / 00830HH

DOL Rate column is for information only. The Total Minimum Wage Rate is derived from the Adjusted Wage Rate Required pursuant to City Ordinance and can be met using any combination of cash and non-cash qualified fringe benefits, provided the cash component is at least $22.15/hour.

WAGE RATES AND PAYROLL REPORTING

Section 00830HH

WAGE RATE DETERMINATION

Heavy and Highway County Name: TRAVIS

Wages based on DOL General Decisions: TX20260291 and TX20260007 01/02/2026 and City of Austin Ordinance #20160324-015 Resolution #20160324-020

Classification

DOL

Rate For info Only

Adjusted Wage Rate Required Pursuant to City

Ordinance

Total Minimum Wage Rate Required

Agricultural Tractor Operator $19.14 $22.15 $22.15 Asphalt Distributor Operator $24.07 $24.07 $24.07 Asphalt Paving Machine Operator $22.12 $22.15 $22.15 Asphalt Raker $19.40 $22.15 $22.15 Boom Truck Operator $27.82 $27.82 $27.82 Broom or Sweeper Operator $18.09 $22.15 $22.15 Cement Mason/Concrete Finisher $20.61 $22.15 $22.15 Concrete Pavement Finishing Machine Operator

$22.81 $22.81 $22.81

Concrete Saw Operator $25.97 $25.97 $25.97

Crane, Hydraulic, 80 tons or less $29.24 $29.24 $29.24

Crane, Lattice Boom, 80 tons or less $26.47 $26.47 $26.47

Crane, Lattice Boom, over 80 tons $28.87 $28.87 $28.87

Crawler Tractor $20.92 $22.15 $22.15

Directional Drilling Locator $21.39 $22.15 $22.15

Directional Drilling Operator $25.19 $25.19 $25.19 Electrician $30.54 $30.54 $30.54 Excavator 50,000 lbs. or less $22.93 $22.93 $22.93

Excavator, over 50,000 lbs. $22.90 $22.90 $22.90

Flagger $15.52 $22.15 $22.15

Form Builder/Form Setter - Paving & Curb $19.18 $22.15 $22.15

Form Builder/Form Setter – Structures $20.63 $22.15 $22.15

Foundation Drill Operator, Truck Mounted $24.28 $24.28 $24.28

Front End Loader Operator, 3CY or less $20.33 $22.15 $22.15

Front End Loader, over 3CY $20.20 $22.15 $22.15

Heavy Highway / 00830HH

Laborer, Common $17.52 $22.15 $22.15

Laborer, Utility $19.05 $22.15 $22.15

Loader/Backhoe Operator $20.32 $22.15 $22.15

Mechanic $26.15 $26.15 $26.15

Milling Machine $21.73 $22.15 $22.15

Motor Grader Operator - Fine Grade $26.56 $26.56 $26.56

Motor Grader Operator, Rough $22.95 $22.95 $22.95

Painter - Structures $23.76 $23.76 $23.76

Pavement Marking Machine Operator $22.00 $22.15 $22.15

Pipelayer $19.23 $22.15 $22.15

Reclaimer/Pulverizer $19.05 $22.15 $22.15

Reinforcing Steel Setter $22.46 $22.46 $22.46

Roller Operator, Asphalt $20.24 $22.15 $22.15

Roller Operator, Other $17.52 $22.15 $22.15

Scraper Operator $17.52 $22.15 $22.15

Servicer $23.75 $23.75 $23.75

Sign Erector $17.52 $22.15 $22.15

Spreader Box Operator $19.31 $22.15 $22.15

Structural Steel Worker $19.29 $22.15 $22.15

Traffic Signal Installer/Light Pole Worker $21.99 $22.15 $22.15

Trenching Machine Operator, Heavy $18.48 $22.15 $22.15

Truck Driver Tandem Axle Semi-Trailer $21.71 $22.15 $22.15

Truck Driver, Lowboy/Float $25.96 $25.96 $25.96

Truck Driver, Single Axle $19.70 $22.15 $22.15

Truck Driver, Off Road Hauler $17.52 $22.15 $22.15

Truck Driver, Single or Tandem Axle Dump $20.91 $22.15 $22.15

Welders $23.38 $23.38 $23.38

Work Zone Barricade Servicer $17.75 $22.15 $22.15

The Wage Compliance information detailed below was excerpted from DOL General Decisions TX20260291 and TX20230007 or other sources.

1. ADDITIONAL TRADE INFORMATION

Unlisted classifications needed for work not listed within the scope of the classifications listed may be added upon the advance approval of Contract Procurement. CONTRACTOR shall submit to City of Austin Contract Procurement the following: classification, a bona fide definition of work to be performed and a proposed wage with sample payrolls conforming to area practice prior to the start of the job for that type of work. Proposed trade may not be performed by any trade already listed.

Heavy Highway / 00830HH

2. WAGES

The Total Minimum Wage Rate may be met by any combination of cash wages and credible "bona fide" fringe benefits paid for by the employer. Overtime must be used in computing overtime pay. Wages must be calculated using the Total Minimum Wage Rate specified in the Wage Rate Determination or the actual basic rate of pay, whichever is higher.

City of Austin Ordinance No. 2016324-015 requires that construction workers are paid a minimum Wage of at least $22.15/hour. The cash portion of their compensation must meet or exceed this amount.

3. PROPER DESIGNATION OF TRADE

A work classification from the Prevailing Wage Poster for each worker must be made based on the actual type of work he/she performed on the job. In summary the work performed, not the "title" determines the correct worker classification and wage. Each worker must be paid no less than the adjusted wage rate on the wage decision for that classification regardless of his/her level of skill (exclusive of a bona fide apprentice currently registered in a DOL approved apprentice program - proof of individual registration must be supplied in advance to the City of Austin).

4. SPLIT CLASSIFICATION

If a firm has employees that perform work in more than one classification, it can pay the adjusted wage rates specified for each classification ONLY if it maintains accurate time records showing the amount of time spent in each classification. If accurate time records are not maintained, these employees must be paid the highest adjusted wage rate of all the classifications of work performed by each worker. Accurate time records tracking how many hours a worker performed the work of one trade and then switched to another trade must be accounted for on a daily basis and reflected on Employer Certified Payroll accordingly.

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 13658 ($13.65). Please see the Note at the bottom of the wage determination for more information.

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)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

5. WAGE DETERMINATION APPEALS PROCESS

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

Heavy Highway / 00830HH

.1 A survey underlying a wage determination

.2 An existing published wage determination

.3 A Wage and Hour Division letter setting forth a position on a wage determination matter

.4 A conformance (additional classification and rate) determination

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have 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.

5.2 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 via Email: BCWD- Office@dol.gov or Write to:

Branch of Construction Wage Determination Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

5.3 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) via Email: dba.reconsideration@dol.gov or 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.

5.4 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

5.5 All decisions by the Administrative Review Board are final.

END

mailto:BCWD-Office@dol.gov mailto:BCWD-Office@dol.gov mailto:BCWD-Office@dol.gov mailto:dba.reconsideration@dol.gov