WD_04-0047_Rev.13.pdf

WD 04-0047 (Rev.-13) was first posted on www.wdol.gov on 01/05/2016 Diver Services

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON, D.C. 20210

Daniel W. Simms Division of Wage | Wage Determination No: 2004-0047 Director Determinations | Revision No: 13 | Date Of Revision: 12/29/2015 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Service Contract Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 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 calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

NATIONWIDE: This wage determination applies to the Coastline of the U.S., Alaska and Hawaii except DC, DE, FL, GA, MD, NC, SC and VA (Southern Areas) .

ALASKA AREA: Alaska Coastline.

GULF OF MEXICO AREA: All land areas adjacent to the Gulf of Mexico, except Gulf of Mexico area in Texas and Louisiana (see WDs numbers below).

NEW ENGLAND AREA: From the border of New Brunswick, Canada down to longitude that is parrallel to the border between Massachusetts and Rhode Island so as to include Nantucket Island and Martha's Vineyard.

NEW YORK AREA: From the above down to the line between Monmouth and Ocean Counties, New Jersey.

NORTHERN CALIFORNIA AREA: From the above longitudinal parallel line extending out from the border of Oregon and California.

OREGON AREA: From the above longitudinal parallel line extending out from the border of Washington and Oregon.

SOUTHERN CALIFORNIA AND HAWAII AREA: From the border of Mexico to a line starting from the border between San Luis Obispo and Monterey Counties, California parallel to the latitudinal lines, including Hawaii.

WASHINGTON AREA: From the above to a longitudinal parallel line extending out from the border of Canada and Washington.

See WD 2002-0190 for Louisiana and WD 2002-0261 for Texas.

The Southeast Area has been removed which includes the Southern Area of New Jersey and can be located on WD 2007-0134.

**Fringe Benefits Required Follow the Occupational Listing**

Employed on contract for Diving services.

OCCUPATION CODE - TITLE FOOTNOTE RATE

47040 - Diver Alaska Area - Diver 74.68 Alaska Area - Stand-by-Diver 37.34 Gulf of Mexico Area - Diver/Helper 25.52 Gulf of Mexico Area - Journeyman Diver 27.02 Hawaii 45.20

3/10/2016http://www.wdol.gov/wdol/scafiles/non-std/04-0047.sca?v=13

New England Area - 60 feet or less - Massachusetts-$150.00/per Dive (8 50.74 hr shift) New York Area 54.63 Northern California Area 76.58 Northern California Area - Stand-by-Diver 38.29 Oregon Area - Diver 77.94 Oregon Area - Stand-by-Diver 38.97 Southern California Area - Diver 82.96 Southern California Area - Stand By Diver 41.48 Washington Area - Diver 85.24 Washington Area - Stand-by-Diver 42.62 47041 - Diver Tender Alaska Area - Assistant Tender 32.30 Alaska Area - Tender 36.34 Hawaii 40.25 New England Area 36.24 New York Area 39.18 Northern California Area - Assistant Tender ROV Tender/Technician 33.90 Northern California Area - Tender ROV Operator/EMT Tech 37.29 Oregon Area 36.74 Southern California - Assistant Tender 37.48 Southern California Area - Tender 40.48 Washington Area 38.27 Diver can negotiate pay under the following conditions:

For dives deeper than depths specified For special penetration situations

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

ALASKA AREA Fringe Benefits:

DEPTH PAY: 050 - 100 ft. - $1.00/ft.

101 - 200 ft. - $2.00/ft.

Over 200 Divers negotiated

HELIUM - OXYGEN SURFACE DIVING DEPTH PAY:

200 - 250 ft. - $3.00/ft.

251 - 300 ft/ - $4.00/ft.

In excess of 300 feet - Divers negotiate, but not less than $4.00 per foot

TUNNEL OR PIPE PAY (based on distance traveled from the entrance):

005 - 050 ft. - $1.00/ft./per day 050 - 100 ft. - $2.00/ft./per day 100 - 150 ft. - $3.00/ft./per day Over 150 ft. - Diver negotiated, but not less than $3.00/ft/day

HEALTH AND WELFARE: $7.15 per hour.

PENSION: $9.28 per hour.

APPRENTICE TRAINING: $.80 per hour.

GULF OF MEXICO AREA (except areas in Texas and Louisiana) Fringe Benefits:

HAZARD PAY: $35.00 per eight hours shift for divers where work involves entry into any area where vertical ascent is not possible (tunnels, wrecks, etc.), live boating (diving from a moving vessel) or blasting.

DEPTH PAY:050 - 100 ft. - $1.00/ft.

100 - 150 ft. - $2.00/ft.

151 - 200 ft. - $3.00/ft.

201 - 250 ft. - $4.00/ft.

251 - 350 ft. - $6.00/ft.

351 - 400 ft. - $7.00/ft.

401 - 500 ft. - $8.00/ft.

500 ft. and over - Diver negotiated but not less than $8.00/ft.

HEALTH AND WELFARE: $3.30 per hour.

APPRENTICE TRAINING: $0.50 per hour.

PENSION: $2.30 per hour.

ANNUITY: $2.10 per hour.

HAWAII AREA fringe benefits:

DEPTH PAY: 50 - 100 ft. - $1.50 /ft. in excess of 50 ft.

100 - 150 ft.- $100.00 plus $2.00 per ft. in excess of 100 ft.

150 - 200 ft. - $200.00 plus $3.00 per ft. in excess of 150 ft.

Over 200 ft. - the Diver shall have the right to designate his/her own rate, but in no case shall that rate be lower than the above-specified rate for depths of less than 200 feet.

Pipe & Tunnel - Ability to stand erect:

5 ft. - 50 ft - $5.00 per day 50 ft - 100 ft - $7.50 per day 100 ft. - $150 ft - $12.50 per day 150 ft - Additional - $7.50 per day per 50 ft

Unable to stand erect.

5 ft - 50 ft - $5.00 50 ft - 100 ft - $7.50 100 ft - 150 ft - $12.50 150 ft - 200 ft - $15.00 200 ft - 300 ft - $1.00 300 ft - 450 ft - $1.50 450 ft - 600 ft - $2.50

HEALTH AND WELFARE: $5.92 per hour

VACATION AND HOLIDAY FUND: 5.25 per hour

APPRENTICESHIP AND TRAINING: $0.71 per hour

401(k) FUND: $1.50 per hour

NEW ENGLAND AREA Fringe Benefits:

Remote Observation Vehicles (ROV) Autonomous Underwater Vehicles (AUV) Atmospheric Dive Suits (ADS) and Submersible Pilots & Robotic Underwater Tools & Equipment

Also rates for Slurry/Efflvent

Diver - $76.11 Tender - $54.36

DEPTH PAY:Over 60 ft. - 100 ft. - $.55/ft./per dive.

Over 101 ft. - 150 ft. - $1.05/ft./per dive Over 151 ft. - 200 ft. - $1.60/ft./per dive Over 200 ft. - Diver/negotiated

PENETRATION PAY: 1 ft. - 150 ft. - $.55/ft per dive 151 ft. and over - $.80/ft per dive Special situation - subject to negotiation per dive

HEALTH AND WELFARE: $7.33 per hour

PENSION: $5.51 per hour

ANNUITY: $9.01 per hour

APPRENTICESHIP: $.50

NEW YORK AREA Fringe Benefits:

AIR DIVES

060-74 FT. $.25/ft./day from and over 60 ft.

75-125 FT. $.78/ft./day from and over 75 ft.

MIXED GAS DIVES

75 ft - 125 ft. $.78/ft./day 126 ft - 200 ft - $1.60 per foot

AIR & MIXED GAS DIVES: Over 200 ft. - diver negotiated

HEALTH AND WELFARE: $10.25 per hour

VACATION: $6.66 per hour

PENSION: $13.31 per hour

ANNUITY: $7.10 per hour

APPRENTICESHIP: $.70 per hour

SUPPLEMENTAL: $.04 per hour

NORTHERN CALIFORNIA AREA Fringe Benefits:

DEPTH PAY:050 - 100 ft. - $2.00/ft.

101 - 150 ft. - $3.00 151 - 220 ft. - $4.00 Over 221 ft. - $5.00

TUNNEL OR PIPE PAY: (based on distance traveled from the entrance):

0 - 25 ft. - no charge 26 - 300 ft. - $1.00/ft

Where diver is unable to stand erect in tunnel or pipe or when it is necessary for a diver to enter any pipe or tunnel or other enclosure over 300 feet from the entrance or less than 48" in height, the premium will be by mutual agreement between the diver, the Union, and the contractor, but never less than $1.00 per foot.

$1.00/ft

MANIFOLD OPERATOR: $37.29

MIXED GAS MANIFOLD TECHNICIAN/DECOMPRESSION CHAMBER

OPERATOR: $42.29

HEALTH AND WELFARE: $8.55 per hour.

VACATION: $4.86 per hour.

PENSION: $5.05 per hour.

APPRENTICE TRAINING: $.53 per hour

ANNUITY: $4.00 per hour.

OREGON AREA Fringe Benefits:

DEPTH PAY:050 - 100 ft. - $1.00/ft.

101 - 150 ft. - $1.50/ft.

151 - 200 ft. - $2.00/ft.

Over 200 ft. - Diver negotiated

TUNNEL PAY (tunnel, pipe, or other enclosure in which there is no vertical escape based on distance traveled from the entrance):

005 - 50 ft. - $4.00/day 050 - 100 ft. - $5.00/day 100 - 150 ft. - $8.00/day 150 - 200 ft. - $20.00/day 200 - 300 ft. - $.40/ft.

300 - 450 ft. - $.80/ft.

450 - 600 ft. - $1.60/ft.

Over 600 ft. - Diver negotiated

HEALTH AND WELFARE: $6.44 per hour.

PENSION: $5.06 per hour.

APPRENTICE TRAINING: $.72 per hour

DRUG TEST: $.10 per hour.

SOUTHERN CALIFORNIA Fringe Benefits:

The listed wage rates are for depths up to and including 50 feet.

DEPTH PAY:050 - 100 ft. - $2.00/ft./day 101 - 150 ft. - $3.00/ft./day

151 - 200 ft. - $4.00/ft./day 221 - Deeper $5.00

Manifold Operator - $40.48 Gas Manifold Operator - $45.48

TUNNEL OR PIPE PAY (based on distance traveled from the entrance):

0 - 25 ft. - No charge 25 - 300 ft. - $1.00/foot These premiums are per day midnight to midnight.

Where diver is unable to stand erect in tunnel or pipe:

When it is necessary for diver to enter any pipe or tunnel or other enclosure over 300 feet from entrance or less than 48" in height, the premium will be by mutual agreement between the diver, the union and the contractor, but never less than $1.00 per foot.

HEALTH AND WELFARE: $3.95 per hour.

VACATION: $3.30 per hour.

PENSION: $1.91 per hour.

APPRENTICE TRAINING: $.42 per hour.

WASHINGTON AREA Fringe Benefits:

DEPTH PAY: 050 ft - 100 ft. - $2.00/ft.

101 ft - 150 ft. - $3.00/ft.

151 ft - 220 ft. - $4.00/ft.

221 ft - 299 ft - $5.00/ft.

Over 299 ft. - Dirver negotiate

TUNNEL OR PIPE PAY (based on distance traveled from the entrance) 000 - 025 ft. - N/C 025 - 300 ft. - $1.00/per feet 100 - 150 ft. - $8.00/day Over 300 ft. or less than 48' in height - Negotiate with Diver, but not less than 1.00 per foot per/day .

HEALTH AND WELFARE: $6.68 per hour.

PENSION: $4.25 an hour.

APPRENTICE TRAINING: $.64 per hour.

SUBSTANCE ABUSE PROGRAM: $0.064 per hour

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159, the Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract.

{See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.