WHD-9918 FEB 9 2024.pdf
PDF 122 KB Posted
- Attached to
- Exhibit Design, Fabrication and Installation
- Solicitation number
- RFP-751-240000002662-2
- Issued by
- Mackinac County, Michigan
About this file
This document is an Informational Sheet from the State of Michigan's Wage and Hour Division regarding the Prevailing Wage requirements for state-funded construction projects, effective February 13, 2024. The document outlines the responsibilities of the State of Michigan, the Department of Technology, Management, and Budget (DTMB), and the contractors/subcontractors. It details the requirement for contractors and subcontractors to pay the prevailing wage rate, which is determined by the State based on collectively bargained agreements, and to maintain accurate records of wages and benefits paid to construction mechanics. The document also covers the enforcement mechanisms, including the ability for the Contracting Agent to terminate the contract if the contractor does not comply with the prevailing wage requirements.
The document emphasizes that a collective bargaining agreement is not required for contractors to be awarded state projects, and that the prevailing wage rate schedule provides the minimum rates of pay that must be paid to workers on state-funded construction projects. It also notes that if a contract is not awarded or construction does not start within 90 days of the issuance of the prevailing rates, a re-determination of the rates must be requested by the contracting agents.
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Text version
STATE OF MICHIGAN
Wage and Hour Division PO Box 30476
Lansing, MI 48909 517-284-7800
Informational Sheet: Prevailing Wages on State Funded Projects
WHD 9918 (2/24)
REQUIREMENTS
Effective February 13, 2024
The purpose of establishing prevailing rates is to provide minimum rates of pay that must be paid to workers on construction projects that are financed or financially supported by the state Prevailing rates compiled from the rates contained in collectively bargained agreements which cover the locations of the state projects. While the prevailing wage rates are compiled through surveys of collectively bargained agreements, a collective bargaining agreement is not required for contractors to be on or be awarded state projects. The prevailing rate schedule provides an hourly rate which includes wage and fringe benefit totals for designated construction mechanic classifications. The overtime rates also include wage and fringe benefit totals. Please pay special attention to the overtime and premium pay requirements. The prevailing wage is satisfied when wages plus fringe benefits are equal to or greater than the required rate.
State of Michigan responsibilities:
• The department establishes the prevailing rate for each classification of construction mechanic requested by the contracting agents prior to contracts being let out for bid on a state project.
DTMB responsibilities
• If a contract is not awarded or construction does not start within 90 days of the date of the issuance of rates, a re- determination of rates must be requested by the contracting agents.
• Rates for classifications needed but not provided on the Prevailing Rate Schedule, must be obtained prior to contracts being let out for bid on a state project.
Contractor responsibilities:
• Every contractor and subcontractor shall keep posted on the construction site, in a conspicuous place, a copy of all prevailing rates prescribed in a contract.
• Every contractor and subcontractor shall keep an accurate record showing the name and occupation of and the actual wages and benefits paid to each construction mechanic. This record shall be available for reasonable inspection by DTMB or the department.
• Each contractor or subcontractor is liable for the payment of the prevailing rate to its employees.
• The prime contractor is responsible for advising all subcontractors of the requirement to pay the prevailing rate prior to commencement of work.
• A construction mechanic shall only be paid the apprentice rate if registered with the United States Department of Labor, Bureau of Apprenticeship and Training and the rate is included in the contract.
Enforcement:
A person who has information of an alleged prevailing wage violation on a prevailing wage project may file a complaint with the State of Michigan. The department will investigate and attempt to resolve the complaint informally. During the course of an investigation, if the requested records and posting certification are not made available in compliance with contractual requirements, the Contracting Agent may consider the Contractor to be in material breach of the contract and may terminate the contract for cause at the sole discretion. There are also civil penalties for failure to be in compliance with Act 10. View the entire text of Act 10 of 2023 at michigan.gov/wagehour.
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