Loading...
Item C11C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� Mayor Pro Tern Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting June 20, 2018 Agenda Item Number: C.11 Agenda Item Summary #4235 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Raymond Sanders (305) 295 -4338 N/A AGENDA ITEM WORDING: Approval of Contract Amendment 41 with Charley Toppino & Sons, Inc. to update the federal language for a FDOT Local Agency Program project for the construction of the Big Pine Water Observation Platform and Reynolds St. Pier improvements. ITEM BACKGROUND: In July 2013, Monroe County entered into a Local Agency Program (LAP) agreement with FDOT to design and construct an observation platform at Big Pine Community Park and improvements to the Reynolds Street Pier at Clarence Higgs Beach Park. This request is for approval of Construction Contract Amendment 41 with Charley Toppino & Sons, Inc. to update the federal contract language to current Wage Rates and Standard Federal Equal Employment Opportunity Construction Contract Specifications as required by FDOT. PREVIOUS RELEVANT BOCC ACTION: On July 17, 2013, the BOCC approved a Local Agency Program Agreement with FDOT for the construction of various Scenic Highway Overlooks. On August 20, 2014, the BOCC approved a contract with Stantec Consulting Services for the design and permitting of an observation platform at Big Pine Park and improvements to the Reynolds Street Pier in Key West. On May 17, 2017, the BOCC approved the advertisement of an RFP for a FDOT Local Agency Program project for the construction of the Big Pine Water Observation Platform and Reynolds St. Pier improvements. On June 21, 2017, the BOCC granted approval to advertise an RFQ for Construction Engineering and Inspection (CEI) services. On January 17, 2018, the BOCC approved negotiating a contract with WSP USA Inc., the highest ranked respondent, for Construction Engineering and Inspection (CEI) Services for Scenic Highway Overlooks at the Big Pine Water Observation Platform and Reynolds Street Pier. On March 21, 2018, the BOCC approved to award the bid and a contract to the lowest responsive, responsible bidder, Charley Toppino & Sons, Inc., for $762,854.75 for a FDOT Local Agency Program project for the construction of the Big Pine Water Observation Platform and Reynolds St. Pier improvements. CONTRACT /AGREEMENT CHANGES: Updated Wage Rated and Standard Federal Equal Employment Opportunity Construction Contract Specifications STAFF RECOMMENDATION: Recommend approval as outlined above. DOCUMENTATION: Toppino & Sons Scenic Hwy Overlooks - Construction - Contact Amendment 41 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: N/A REVIEWED BY: Ann Mytnik Completed 05/16/2018 11:14 AM Cary Knight Completed 06/04/2018 9:19 AM Kevin Wilson Completed 06/04/2018 10:59 AM Chris Ambrosio Completed 06/04/2018 11:24 AM Budget and Finance Completed 06/04/2018 1:24 PM Maria Slavik Completed 06/04/2018 1:29 PM Kathy Peters Completed 06/04/2018 2:47 PM Board of County Commissioners Pending 06/20/2018 9:00 AM FIRST AMENDMENT TO THE AGREEMENT FOR THE CONSTRUCTION OF THE SCENIC HIGHWAY OVERLOOKS AT THE BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS STREET PIER THIS FIRST AMENDMENT (hereinafter "First Amendment ") to the AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN OWNER AND CONTRACTOR dated March 21, 2018, (the "Agreement ") between MONROE COUNTY ( "County ") and CHARLEY TOPPINO & SONS, INC. ( "Contractor ") is made and entered into this 16th day of May, 2018, in order to amend the Agreement as follows: WITNESSETH WHEREAS, on March 21, 2018, the County and Contractor entered into an Agreement for construction of the Scenic Highway Overlooks at the Big Pine Water Observation Platform and Reynolds Street Pier ( "Project "); and WHEREAS, the Florida Department of Transportation (FDOT) has contributed a portion of funding for the Project through a Local Agency Program agreement; and WHEREAS, FDOT requires that the Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) be incorporated into the Agreement, as needed to be in conformance with the Local Agency Program Checklist for Construction Contracts (Phase 58) — Federal and State Requirements (525- 070 -44) providing compliance with Equal Employment Opportunity Federal and State mandates; and WHEREAS, the FDOT also requires that the Wage Rates for Federal -Aid Projects be revised to the January 5, 2018 edition to make the U.S. Department of Labor (USDOL) Wage Rates applicable to and incorporated in the Agreement; NOW THEREFORE IN CONSIDERATION of the mutual promises obtained herein, the parties hereby agree that the original Agreement shall be amended as follows: 1. The Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) is incorporated into and made a part of SECTION 01760, LAP Division 1 Specifications, and attached hereto as Amendment A. 2. The Wage Rates for Federal -Aid Projects, January 5, 2018 edition designated for highway construction projects is incorporated into and made a part of SECTION 01770, and attached hereto as Amendment B. BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER The remaining terms of the Agreement, as Amended, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date stated above. Execution by the Contractor must be a person with Authority to bind the entity. (SEAL) ATTEST: KEVIN MADOK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Ln M. Date: Witness signature: Witness name: Mayor /Chairman MONROE COUNTY ATTORNEY VET+ AS / , ? ORM j , CH IS A OSIO ASSISTANT COUNTY ATTORNEY Oata: __ { 6 Page 2 of 14 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER AMENDMENT A SECTION 01760 LAP DIVISION 1 SPECIFICATIONS (REV 4- 19 -17) (7 -17) Construction Checklist Specifications From Department of Transportation Standard Specifications for Road and Bridge Construction The following excerpts from the Standard Specifications and Special Provisions are provided for use in LAP Specifications as needed in accordance with the Local Agency Program Checklist for Construction Contracts (Phase 58) — Federal and State Requirements (525- 070 -44) § 60 -4.3 Equal opportunity clauses. (a) The equal opportunity clause published at 41 CFR 60- 1.4(a) of this chapter is required to be included in, and is part of, all nonexempt Federal contracts and subcontracts, including construction contracts and subcontracts. The equal opportunity clause published at 41 CFR 60- 1.4(b) is required to be included in, and is a part of, all nonexempt federally assisted construction contracts and subcontracts. In addition to the clauses described above, all Federal contracting officers, all applicants and all nonconstruction contractors, as applicable, shall include the specifications set forth in this section in all Federal and federally assisted construction contracts in excess of $10,000 to be performed in geographical areas designated by the Director pursuant to § 60 -4.6 of this part and in construction subcontracts in excess of $10,000 necessary in whole or in part to the performance of nonconstruction Federal contracts and subcontracts covered under the Executive order. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); Page 3 of 14 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60 -4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7 a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted constuction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. Page 4 of 14 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the- street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in Page 5 of 14 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on- the -job training opportunities and /or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newpaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Page 6 of 14 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60 -3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor - union, contractor - community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided t the contractor activel participat in the group, makes every effort to assure that the Page 7 of 14 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60 -4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, constructi trade, u nion affiliation if any, employee identification Page 8 of 14 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). (b) The notice set forth in 41 CFR 60 -4.2 and the specifications set forth in 41 CFR 60 -4.3 replace the New Form for Federal Equal Employment Opportunity Bid Conditions for Federal and Federally Assisted Construction published at 41 FR 32482 and commonly known as the Model Federal EEO Bid Conditions, and the New Form shall not be used after the regulations in 41 CFR part 60 -4 become effective. [43 FR 49254, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978, as amended at 45 FR 65978, Oct. 3, 1980] Page 9 of 14 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER AMENDMENT B 7 -16 Wage Rates for Federal -Aid Projects. For this Contract, payment of predetermined minimum wages applies. The U.S. Department of Labor (USDOL) Wage Rates applicable to this Contract are listed in table below, as modified up through ten days prior to the opening of bids. General Decision Number: FL 180190 01/05/2018 Superseded General Decision Number: FL20170190 State: Florida Construction Type: Highway County: Monroe County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 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, 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 $10.35 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 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above - mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2) -(60). Additional information on contractor requirements and worker protections under the EO is available at h1 / Ac calat. Modification Number 0 * ELECO349 -002 02/27/2017 ELECTRICIAN., ................ SUFL2013 -008 08/19/2013 Publication Date 01/05/2018 CARPENTER, Includes Form Work.... ........ ............................... CEMENT MASON /CONCRETE FINISHER ......................... __ HIGHWAY /PARKING LOT STRIPING: Rates Fringes $ 32.11 $11.80 Rates Fringes $ 11.95 $1.44 $ 13.65 0.00 Page 10 of 14 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Operator (Striping Machine) .................... ............................... $ 12.70 0.00 HIGHWAY /PARKING LOT STRIPING: Operator (Spray Nozzleman) .................... ............................... $ 13.08 0.00 INSTALLER - GUARDRAIL ..................... ............................... $ 14.44 0.00 IRONWORKER, REINFORCING ............. ............................... $ 13.85 0.00 LABORER (Traffic Control Specialist) ...... ............................... $ 12.17 $1.71 LABORER: Asphalt, Includes Raker, Shoveler, Spreader And Distributor .............................. ........ .......................... $ 13.60 0.00 LABORER: Common or General ............ ............................... $ 11.96 $2.90 LABORER: Flagger .................................. ............................... $ 9.87 0.00 LABORER: Grade Checker ..................... ............................... $ 11.45 0.00 LABORER: Landscape & Irrigation .......... ............................... $11.16 0.00 LABORER: Pipelayer ............................... ............................... $ 12.68 0.00 OPERATOR: Backhoe/ Excavator/ Trackhoe ........................... $ 17.20 0.00 OPERATOR: Bobcat/Skid Steer /Skid Loader ......................... $ 11.60 0.00 OPERATOR: Broom / Sweeper ................ ............................... $ 10.89 0.00 OPERATOR: Bulldozer ........................... ............................... $ 13.90 0.00 OPERATOR: Crane ....................... .... ..................- ............ $ 17.83 0.00 OPERATOR: Forklift..... .... ............... ............................... $ 11.03 0.00 OPERATOR: Grader / Blade .................... ............................... $ 16.08 0.00 OPERATOR: Loader .............................. ............................... $ 16.59 0.00 OPERATOR: Mechanic..,...... ......... ..... ............................... $ 13.55 0.00 OPERATOR: Milling Machine ............................... ..... - - ... -- $ 13.23 0.00 OPERATOR: Oiler ..... ........................ .. ............................... $ 12.61 0.00 u r Page 11 of 14 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER OPERATOR: Paver (Asphalt, Aggregate, and Concrete)..... $ 18.17 0.00 OPERATOR: Roller .............................. .................. ......... $ 13.28 $2.39 OPERATOR: Screed ..................... ....... ............. $ 15.79 0.00 OPERATOR: Trencher ........ .................. ........................... $ 16.00 0.00 TRAFFIC SIGNALIZATION: Traffic Signal Installation............ $ 19.03 0.00 TRUCK DRIVER: Dump Truck ................ ............................... $ 12.66 0.00 TRUCK DRIVER: Lowboy Truck ...... . ... . . . ................... $ 14.94 0.00 TRUCK DRIVER: Water Truck ............ ............................... $ 13.05 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 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 www,(Io gcs� )v /w /gca�FColit acts. 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 (29 CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Page 12 of 14 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198 -005 07/01/2014. PLUM is an abbreviation identifier of the union which 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. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012 -007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of 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. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG -OH -0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated /CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: Page 13 of 14 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write 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 the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write 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 by 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 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Page 14 of 14