SQ107-001300-00.docx

Guidelines: For use on all Federal Aid projects.

SQ107-001300-00

VIRGINIA DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISION FOR

PREVAILING WAGE RATES

October 12, 2023

SECTION 107 – LEGAL RESPONSIBILITIES of the Specifications is amended as follows:

Section 107.13 – Labor and Wages is amended as follows:

Section 107.13(a) Predetermined Minimum Wages is replaced with the following:

(a) Prevailing Wage Rates: The provisions of federal and state laws requiring the payment of a prevailing minimum wage rate are incorporated in and expressly made a part of this Contract. The Contractor and the Contractor's subcontractors shall promptly and fully comply with all such applicable provisions, including, but not limited to, the following.

1.0 Federal Requirements

The Contractor and subcontractors must comply with such of the regulations in 29 C.F.R. Parts 1, 3, and 5 as may be applicable to the Contract. These requirements are considered to be effective by operation of law, whether or not they are incorporated into the Contract, as set forth 29 C.F.R. § 5.5(e).

1.1 Wage Determinations

The U.S. Department of Labor (USDOL) publishes general wage determinations applicable to specified areas on the USDOL-approved website. Wage determinations contain, among other information, a list of wage and fringe benefit rates determined to be prevailing for various classifications of laborers or mechanics for specified type(s) of construction in a given area.

The applicable wage determinations are included in the Contract. These wage determinations apply for the duration of the Contract, except as specified below.

If for any reason it is determined post-award that a wage determination and/or the correct wage determination was omitted from Contract, the omitted wage determination will be incorporated into the Contract and effective by operation of law, retroactive to the award date of the Contract.

USDOL may periodically issue revisions of the wage determinations to reflect current prevailing wage rates. Revisions to wage determinations are effective with respect to the solicitation and Contract if issued at least 10 calendar days before bid opening. If issued less than 10 calendar days before bid opening, revisions are effective to the solicitation and Contract unless the Department finds that there is not a reasonable time still available before bid opening to notify bidders of the revision.

If the Contract is not awarded within 90 days after bid opening, any revised wage determination issued prior to award is effective to the Contract unless the Department obtains an extension of the original wage determination from the Administrator of the USDOL Wage and Hour Division.

1.2 Change Orders

The wage determinations incorporated into the Contract at Contract execution apply for the duration of the Contract, subject to the following exceptions. When the Contract is changed to include additional, substantial construction, alteration, and/or repair work not within the scope of work of the original Contract, or to require the Contractor to perform work for an additional time period not originally obligated, including where an option to extend the term of a contract is exercised, the most recent revision of any applicable wage determination(s) published at the time the change order is issued or the option is exercised are incorporated in and applicable to the change order work. The Contractor and their subcontractors must comply with the revised wage determinations when pricing and performing the change order work.

The requirement to incorporate revised wage determinations does not apply where (i) the Contract is not changed as described in the preceding paragraph, (ii) the Contractor is simply given additional time to complete the original Contract work, or (iii) where the additional construction, alteration, and/or repair work in the change order is already within the scope of the Contract.

1.3 Certified Payrolls

Each Contractor or subcontractor engaged in the construction, prosecution, completion, or repair work on the Project each week must submit certified payrolls in accordance with the records and certified payrolls requirements of Form FHWA 1273, under section IV(3) - Records and certified payrolls (29 CFR 5.5), included in the Contract.

Each certified payroll required under this section must be delivered by the Contractor or subcontractor, within 7 days after the regular payment date of the payroll period in accordance with the Special Provision for Electronic Submission of Payrolls and DBE Subcontractor Payment for Federally Funded Projects (SP107-000120-00).

Each Contractor or subcontractor must preserve all regular payroll records for all laborers and mechanics working at the site of the work for a period of 6 years after all the work on the Contract is completed in accordance with Form FHWA 1273, section IV(3) - Records and certified payrolls (29 CFR 5.5), included in the Contract, and section 2.4, below.

1.4 Conformance

A. Any class of laborers or mechanics, including helpers, which is not listed in the applicable wage determination, and which is to be employed under the Contract, must be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:

C. If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Engineer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the Engineer by email to DBAconformance@dol.gov. The Administrator of the USDOL Wage and Hour Division, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Engineer or will notify the Engineer within the 30–day period that additional time is necessary.

D. In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Engineer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Engineer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator of the USDOL Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Engineer or will notify the Engineer within the 30–day period that additional time is necessary.

E. The Engineer must promptly notify the Contractor of the action taken by the USDOL Wage and Hour Division under paragraphs (C) and (D) of this section. The Contractor must furnish a written copy of the Administrator’s determination to each affected worker, or must be post it as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph (C) or (D) of this section must 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.

2.0 Virginia Requirements

2.1 If the Contractor needs a job classification not listed in the wage determination to submit a bid or comply with this provision, the Contractor shall submit to the Department a completed Additional Classification and Wage Rate Request using Form C-51. If other or additional classifications are used, omission of classifications shall not be cause for additional compensation to the Contractor. The Contractor shall be responsible for determining local practices with regard to the application of the various labor classifications.

2.2 Upon the award of the Contract, the Contractor shall certify, under oath, to the Commissioner of the Virginia Department of Labor and Industry (VDOLI) the pay scale for each craft or trade employed on the project to be used by the Contractor and any of the Contractor's subcontractors for work to be performed under the Contract. This certification shall, for each craft or trade employed on the project, specify the total hourly amount to be paid to employees, including wages and applicable fringe benefits, provide an itemization of the amount paid in wages and each applicable benefit, and list the names and addresses of any third party fund, plan or program to which benefit payments will be made on behalf of employees. The certification form available at: www.doli.virginia.gov/wp-content/uploads/2021/04/DOLI-Pay-Scale-Certification-for-Public-Works-Projects.pdf. The form may be emailed to prevailingwage@doli.virginia.gov, faxed to 804-371-6524, or mailed to Virginia Department of Labor and Industry, 600 East Main St., Suite 207, Richmond, VA, 23219, Attn: Prevailing Wage.

2.3 The Contractor and the Contractor's subcontractors performing work on this Contract shall post the general prevailing wage rate for each craft and classification involved in prominent and easily accessible places accessible to all employees at the site of the work or at any such places as are used by the Contractor or subcontractors to pay workers their wages. Within 10 days of such posting, the Contractor or subcontractors shall certify to the Commissioner of VDOLI their compliance with this requirement. The certification form available at: www.doli.virginia.gov/wp-content/uploads/2021/04/PW_Posting_Compliance_Form.pdf. The form may be emailed to prevailingwage@doli.virginia.gov, faxed to 804-371-6524, or mailed to Virginia Department of Labor and Industry, 600 East Main St., Suite 207, Richmond, VA, 23219, Attn: Prevailing Wage.

2.4 The Contractor and the Contractor’s subcontractors shall keep, maintain and preserve (i) records relating to the wages paid to and hours worked by each individual performing the work of any mechanic, laborer, or worker and (ii) a schedule of the occupation or work classification at which each individual performing the work of any mechanic, laborer, or worker on the public works project is employed during each work day and week. The employer shall preserve these records for a minimum of six years and make such records available to the Virginia Department of Labor and Industry within 10 days of a request and shall certify that records reflect the actual hours worked and the amount paid to its workers for whatever time period they request.

2.5 The Contractor shall insert this Special Provision into any subcontracts let to subcontractors for performance of services in connection with the Contract.