Agenda - Council - 06/27/2017 - Laserfiche WebLink

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01/10/2017 VI. WAGE DECISION(S) & WAGE RATE(S) A. Applicability of a Highway and Heavy Wage Decision. A highway and heavy Wage Decision applies to a Worker that is engaged in a construction activity or performing Work to construct or maintain a highway or other public works project, such as a road, street, airport runway, bridge, power plant, dam or utility34 that is external to a sheltered enclosure (structure). This includes, but is not limited to, the following Work: site clearing; grading; excavating backfilling; paving; curbs; gutters; sidewalks; culverts; bridges; lighting systems; traffic management systems; installing of utilities out from an exterior meter; fuel islands; communication towers; or other activities similar to highway and/or heavy Work. B. Applicability of a Commercial Wage Decision. A commercial Wage Decision applies to a Worker that is engaged in a construction activity or performing Work to construct a sheltered enclosure (structure) with walk-in access for the purpose of housing persons, machinery, equipment or supplies.35 This includes, but is not limited to, the following Work: constructing foundations, aprons, stoops; framing walls; installing windows, doors, tiling, plumbing, electrical, HVAC systems; roofing; installing utilities into the building from an exterior meter. C. Pav According to Wage Decision(s). 1. Contract with One Wage Decision. If the Contract contains one Wage Decision, the Contractor must examine the Wage Decision and compensate the Worker at a minimum the Total Prevailing Wage Rate for the appropriate labor classification(s). 2. Contract with Multiple Highway/Heavy Wage Decisions. If the Contract contains multiple Highway/Heavy Wage Decisions, the Contractor must examine each Wage Decision and compensate the Worker, at a minimum, the Total Prevailing Wage Rate that is the greatest36 for the appropriate labor classification(s). 3. Contract with Highway/Heavy and Commercial Wage Decision(s). If the Contract contains a Highway/Heavy and Commercial Wage Decision(s), the Contractor must first determine which Wage Decision is applicable to the Worker. The Contractor must then compensate the Worker, at a minimum, the Total Prevailing Wage Rate for the appropriate labor classification(s). D. Must Pav Total Prevailing Wage Rate. A Contractor must compensate each Worker, at a minimum, the Total Prevailing Wage Rate(s) for all hours worked on the project for the appropriate labor classification(s).37 E. Missing Wage Rate. If a Wage Decision fails to include a wage rate for a labor classification(s) that will be utilized on a project, the Contractor must obtain a wage rate prior to furnishing an estimate, quote or bid.38 1. Wage Rate Request. A Contractor must complete a Request for Rate Assignment form39 and submit it to the MnDOT LCU40 for processing. 2. No Contract Price Adiustment for Missing Wage Rate. If MnDLI determines that a higher wage rate applies, the Department will not reimburse the Contractor. F. Salaried Worker. A salaried Worker is not exempt from these Provisions. A Contractor must convert the Worker's salary to an average hourly rate of pay by dividing the Worker's salary by the total number of hours Worked (government and non -government) during the pay period4t A salaried Worker must be included on a CPR. 3a Minn. R. 5200.1010, Subdivision 3 35 United States Department of Labor All Agency Memorandum #130 36 Minn. Stat. 177.44, Subdivision 4 37 Minn. Stat. 177.44,Subdivision 1 38 Minn. R. 5200.1030, Subpart 2a(C) 39 httn://www.dot.state.mn.us/const/labor/documents/forms/reauest-for-rate-assianment.doc 40 lcusupport.dot@state.mn.us 41 Refer to Appendix A 4-A