IFB B50629 Exhibit A Specifications.pdf

Specifications

DIRECT FIXATION RAIL

FASTENER REPLACEMENT

Project Number / Contract Number

32330 / B50629

CAPITAL PROGRAMS DELIVERY &

DESIGN, ENGINEERING, AND INFRASTRUCTURE

Docusign Envelope ID: 725C76ED-C795-447A-99A8-C5EBEE06F048

This page is intentionally left blank for double-sided printing.

B50629 – TOC - 1

SPECIFICATIONS

TABLE OF CONTENTS

CONDITIONS OF THE CONTRACT

Minimum Wage Rates Labor Standards Provisions

CONTRACT FORMS

Application for Access to MARTA Facilities Application for Progress Payment Affidavit of Final Payment and Final Release

SPECIFICATIONS

Engineer and Architect of Record Seals

DIVISION 1 - GENERAL REQUIREMENTS

011100 Summary of Work 012116 Undefined Work Provision 012500 Substitution Procedures 012973 Schedule of Values 012977 Measurement Requirements for Payment 013119 Project Meetings

013216.13 Network Analysis Project Schedule

- Appendix A: Standard Schedule Milestones

- Appendix B: Track Allocation Codes for P6 Schedules

013300 Submittal Procedures 013523 Authority Safety Requirements

- Exhibit A: SAQ-PL-1004, MARTA Construction Safety Plan, Revision 4, dated August 2020

- Attachment A: Contractor Safety Experience Form

- Attachment B: EHS-FO-1008, Competent Person Designation Form

- Attachment C: EHS-FO-0101, Contractor’s Weekly EHS Report

- Attachment D: EHS-FO-0103, Project Monthly Safety Report

- Attachment E: EHS-FO-1007, Project-Specific Safety and Health Program

Plan

- Attachment F: Critical Lift Plan

- Attachment G: EHS-FO-1012, Impairment Permit

- Attachment H: SAQ-FO-1025, Permit Form for Confined Space Entry

- Attachment I: Hot Work Permit

- Attachment J: EHS-FO-1010, Critical Task Analysis

- Attachment K: EHS-FO-1014, Preliminary Construction Incident Investigation

Form

013556 Wayside Procedures

- Exhibit A: Vehicle Space Allowance

- Exhibit B: Standard MARTA Loading

- Appendix A: Wayside Access Procedure, Revision 11a, dated January 2025

- Appendix B: On-Track Equipment Operating Rules and Procedures, Revision 4, dated December 2023

- Appendix C: Daily Track Time Sheet

B50629 – TOC - 2

014216 Definitions 014316 Quality Assurance Testing

- Exhibit A: SAQ-PL-3001, MARTA Testing Program Plan, Revision 16, dated November 2024

- Exhibit B: B50629 Contract Test List

014323 Authority’s Testing Services 014500 Quality Control 014529 Testing Laboratory Services 015000 Temporary Facilities 015114 Temporary Electricity and Lighting 015116 Temporary Fire Protection 015219 Sanitary Facilities 015600 Temporary Barriers and Enclosures 015720 Temporary Controls and Barriers 016600 Product Storage and Handling Requirements 017113 Mobilization 017123 Field Engineering

- Exhibit B: Horizontal Stringline Data - Direct-Fixation Track

- Exhibit D: Track Geometry Report - Direct-Fixation Track

- Exhibit E: Track Construction Tolerances

- Exhibit F: Superelevation Transition through Reverse Spiral Curves

017400 Cleaning and Waste Management 017700 Closeout Procedures 017823 Operation and Maintenance Data

- Appendix A: Inventory Flat File Requirements

017839 Project Record Documents

DIVISION 2 (not used)

DIVISION 3 - CONCRETE

030190 Concrete Repairs 031100 Concrete Forming 031500 Concrete Accessories 031520 Post-installed Concrete and Masonry Anchoring 032000 Concrete Reinforcing 033000 Cast-in-Place Concrete

- Exhibit A: Concrete Pour Card Report

033111 Portland Cement Concrete 033500 Concrete Finishes

DIVISION 4 THROUGH 30 (not used)

DIVISION 31 - EARTHWORK

311000 Site Clearing

DIVISION 32 THROUGH 33 (not used)

B50629 – TOC - 3

DIVISION 34 – TRANSPORTATION

341123.16 Direct Fixation Track

- Exhibit A: Pull Out/Torque Test Report

- Exhibit B: Standard H-10 Fastener

- Exhibit C: Standard F-10RO Rail Fastener

- Exhibit D: F20RO Rail Fastener

- Exhibit E: Track Concrete Inspection Report

- Exhibit F: Limits of 24-Inch Fastener Spacing

- Exhibit G: Rail Anchoring Report

- Appendix A: DF Fastener Replacement

DIVISION 35 THROUGH 49 (not used)

END OF TABLE OF CONTENTS

D E P A R T M E N T O F C A P I T AL P R O G R A M S , E X P A N S I ON & I N N O V A T I ON | O F F I C E O F I N F R A S T R U C T UR E

CONDITIONS OF THE CONTRACT

D E P A R T M E N T O F C A P I T AL P R O G R AM S , E X P A N S I ON & I N N O V A T I ON | O F F I C E O F I N F R A S T R U C T UR E

MINIMUM WAGE RATES

The Minimum Wage Rates are those established, for the listed trade working at the job site, by the U.S.

Secretary of Labor. The rates have been established in accordance with the stipulations contained in the Davis-Bacon Act, as amended, and have been established as being the rates for the corresponding classes of workers employed for projects of a similar character in the locality where the Work is to be performed. The Contractor shall pay wages and fringe benefits at rates not less than those stipulated for each listed trade. A mistake in the indicated wages and fringe benefits will not entitle the Contractor to cancel the Project, to increase the Contract price, or to receive additional payments and recoveries.

"General Decision Number: GA20250305 01/03/2025

Superseded General Decision Number: GA20240305

State: Georgia

Construction Type: Building BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories)

County: Dekalb County in Georgia.

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)(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

ASBE0048‐003 04/01/2024

Rates Fringes

ASBESTOS WORKER/HEAT & FROST

INSULATOR........................$ 32.25 18.51

CARP1263‐001 10/01/2023

Rates Fringes

MILLWRIGHT.......................$ 31.58 17.05

ELEC0613‐004 09/02/2023

Rates Fringes

ELECTRICIAN (Excludes Low Voltage Wiring)..................$ 34.50 32%

ELEC0613‐005 09/02/2023

Rates Fringes

ELECTRICIAN (Low Voltage Wiring)..........................$ 34.50 32%

ENGI0926‐004 07/01/2024

Rates Fringes

POWER EQUIPMENT OPERATOR:

Backhoe/Excavator/Trackhoe..$ 28.00 12.03

ENGI0926‐005 07/01/2022

Rates Fringes

POWER EQUIPMENT OPERATOR:

Crane.......................$ 34.66 13.83

ENGI0926‐006 08/01/2024

Rates Fringes

POWER EQUIPMENT OPERATOR:

Forklift....................$ 31.65 15.03

IRON0387‐002 01/01/2024

Rates Fringes

IRONWORKER, ORNAMENTAL...........$ 30.24 14.81

IRONWORKER, STRUCTURAL...........$ 30.24 14.81

PLUM0072‐003 08/01/2024

Rates Fringes

PIPEFITTER

(Excluding HVAC Pipe and Unit Installation)..........$ 39.13 13.31 (HVAC Pipe Installation Only).......................$ 31.68 13.31 (HVAC Unit Installation Only).......................$ 39.13 13.31

PLUMBER..........................$ 39.13 13.31

SHEE0085‐022 07/01/2024

Rates Fringes

SHEET METAL WORKER (Excludes HVAC Duct Installation)..........$ 34.58 16.49 SHEET METAL WORKER (HVAC Duct Installation Only)...............$ 35.21 17.72

UAVG‐GA‐0001 01/01/2024

Rates Fringes

IRONWORKER, REINFORCING..........$ 30.08 17.12

SUGA2017‐020 04/15/2021

Rates Fringes

CARPENTER (Form Work Only).......$ 18.02 0.00

CARPENTER, Excludes Form Work....$ 19.00 0.38

CEMENT MASON/CONCRETE FINISHER...$ 13.35 ** 0.00

GLAZIER..........................$ 21.77 6.36

INSTALLER ‐ GUARDRAIL............$ 20.00 0.00

LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor......................$ 15.69 ** 0.00

LABORER: Common or General......$ 14.60 ** 0.00

LABORER: Pipelayer..............$ 12.55 ** 1.90

OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 20.24 0.00

OPERATOR: Bulldozer.............$ 15.23 ** 0.00

OPERATOR: Grader/Blade..........$ 16.80 ** 0.00

OPERATOR: Loader................$ 21.32 0.00

OPERATOR: Roller................$ 16.82 ** 1.19

PAINTER (Brush and Roller).......$ 16.14 ** 0.00

PAINTER: Spray..................$ 16.29 ** 0.00

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 ($17.75) or 13658 ($13.30). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party.

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"

"General Decision Number: GA20250307 01/03/2025

Superseded General Decision Number: GA20240307

State: Georgia

Construction Type: Building BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories)

County: Fulton County in Georgia.

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)(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

ASBE0048‐003 04/01/2024

Rates Fringes

ASBESTOS WORKER/HEAT & FROST

INSULATOR........................$ 32.25 18.51

CARP1263‐001 10/01/2023

Rates Fringes

MILLWRIGHT.......................$ 31.58 17.05

ELEC0613‐004 09/02/2023

Rates Fringes

ELECTRICIAN (Excludes Low Voltage Wiring)..................$ 34.50 32%

ELEC0613‐005 09/02/2023

Rates Fringes

ELECTRICIAN (Low Voltage Wiring)..........................$ 34.50 32%

ENGI0926‐004 07/01/2024

Rates Fringes

POWER EQUIPMENT OPERATOR:

Backhoe/Excavator/Trackhoe..$ 28.00 12.03

ENGI0926‐005 07/01/2022

Rates Fringes

POWER EQUIPMENT OPERATOR:

Crane.......................$ 34.66 13.83

ENGI0926‐006 08/01/2024

Rates Fringes

POWER EQUIPMENT OPERATOR:

Forklift....................$ 31.65 15.03

IRON0387‐002 01/01/2024

Rates Fringes

IRONWORKER, ORNAMENTAL...........$ 30.24 14.81

IRONWORKER, STRUCTURAL...........$ 30.24 14.81

PLUM0072‐003 08/01/2024

Rates Fringes

PIPEFITTER

(Excluding HVAC Pipe and Unit Installation)..........$ 39.13 13.31 (HVAC Pipe Installation Only).......................$ 31.68 13.31 (HVAC Unit Installation Only).......................$ 39.13 13.31

PLUMBER..........................$ 39.13 13.31

SHEE0085‐022 07/01/2024

Rates Fringes

SHEET METAL WORKER (Excludes HVAC Duct Installation)..........$ 34.58 16.49 SHEET METAL WORKER (HVAC Duct Installation Only)...............$ 35.21 17.72

UAVG‐GA‐0001 01/01/2024

Rates Fringes

IRONWORKER, REINFORCING..........$ 30.08 17.12

SUGA2017‐022 04/15/2021

Rates Fringes

CARPENTER (Form Work Only).......$ 18.02 0.00

CARPENTER, Excludes Form Work....$ 17.48 ** 0.00

CEMENT MASON/CONCRETE FINISHER...$ 10.00 ** 0.00

GLAZIER..........................$ 22.31 7.69

INSTALLER ‐ GUARDRAIL............$ 20.00 0.00

LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor......................$ 15.69 ** 0.00

LABORER: Common or General......$ 14.57 ** 0.00

LABORER: Pipelayer..............$ 12.55 ** 1.90

OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 20.24 0.00

OPERATOR: Bulldozer.............$ 15.23 ** 0.00

OPERATOR: Grader/Blade..........$ 16.80 ** 0.00

OPERATOR: Loader................$ 21.32 0.00

OPERATOR: Roller................$ 16.82 ** 1.19

PAINTER (Brush and Roller).......$ 16.14 ** 0.00

PAINTER: Spray..................$ 16.29 ** 0.00

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 ($17.75) or 13658 ($13.30). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party.

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"

March 2011 Labor Standards

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY

LABOR STANDARDS PROVISIONS

DAVIS‐BACON ACT

COPELAND ANTI‐KICKBACK ACT

CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

(1) Minimum Wages ‐ All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis‐Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(d) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(a) of this section) and the Davis‐Bacon poster (WH‐1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(a) The Authority requires that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The Authority shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and

(2) The classification is utilized in the area by the construction industry; and

(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and

(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed.

(b) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Authority agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Authority to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Authority or will notify the Authority within the 30‐day period that additional time is necessary.

(c) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Authority do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Authority shall refer the questions, including the views of all interested parties and the recommendation of the Authority, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Authority or will notify the Authority within the 30‐day period that additional time is necessary.

(d) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of 29 CFR Section 5.5, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification.

(e) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(f) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis‐Bacon Act have been met.

The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(2) Withholding ‐ The Authority shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal contract with the same prime Contractor, or any other federally‐ assisted contract subject to Davis‐Bacon prevailing wage requirements, which is held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project), all or part of the wages required by the Contract, the Authority may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(3) Payrolls and Basic Records

(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the Project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis‐Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis‐Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(b) The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Authority for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired.

Optional Form WH‐347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029‐005‐00014‐ 1), U.S. Government Printing Office, Washington, DC 20402. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors.

(c) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following:

(i) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR Part 5 and that such information is correct and complete;

(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;

(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract.

(d) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH‐347 shall satisfy the requirement for submission of the "Statement of Compliance" required by this section.

(e) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.

(f) The Contractor or subcontractor shall make the records required under this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds.

Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

(4) Apprentices and Trainees

(a) Apprentices ‐ Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.

Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a Project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(b) Trainees ‐ Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.

Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(c) Equal employment opportunity ‐ The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

(5) Compliance with Copeland Act Requirements ‐ The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract.

(6) Subcontracts ‐ The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Contract clauses in 29 CFR 5.5.

(7) Contract Termination: Debarment ‐ A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as a Contractor and a subcontractor as provided in

29 CFR 5.12.

(8) Compliance with Davis‐Bacon and Related Act Requirements ‐ All rulings and interpretations of the

Davis‐Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this Contract.

(9) Disputes Concerning Labor Standards ‐ Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

(10) Certification of Eligibility

(a) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis‐Bacon Act or 29 CFR 5.12(a)(1).

(b) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis‐Bacon Act or 29 CFR 5.12(a)(1).

(c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

OVERTIME REQUIREMENTS AND SAFETY

STANDARDS

(1) Overtime Requirements ‐ No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she 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 the basic rate of pay for all hours worked in excess of forty hours in such workweek or in excess of eight hours in a work day as prescribed by 29 CFR Section 5.15.

(2) Violation; Liability for Unpaid Wages;

Liquidated Damages ‐ In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefor shall be liable for the…