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CITY OF DYERSBURG

2016 COMMERCIAL FAÇADE

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

CDBG Contract No.: 11285

100 South Main Avenue

Commercial Façade Improvements Case No: 10

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Bid Request 100 South Main Avenue

Submit to: Steve Guttery, Director of Downtown Development

Dyersburg/Dyer County Chamber of Commerce

2000 Commerce Avenue

Dyersburg, TN 38024

Fax No.: 731-286-4926

E-mail Address: sguttery@dyerchamber.com

Case No. 10

Improvements to 100 South Main-second floor west-facing FACADE

The project scope includes the purchase and installation of eight (8) new

double hung windows which must be:

• Double hung with insulated glass, metal exterior/wood interior and

must be operating windows OR non-opening commercial style

windows with bronze frame, with tinted insulated glass

• Must repair any damaged woodwork associated with the installation

of the eight (8) new, double hung insulated windows.

Include in bid:

• Cost of removal of windows and all debris as a result of the project,

• Repair of any damaged woodwork related to the scope

• Cost of any equipment required for the installation of the eight

windows

• Contractor responsible of any damage of interior walls during

removal/installation of windows, including

plaster/sheetrock/painting. If damage does occur, must match

existing material and color

• All exposed interior wood must paint/stain to match the existing

interior finishes

Tenants are responsible for moving office equipment within the project area

including but not limited to desks, computers, etc.

Proposal of (hereinafter called "Bidder")

of the Dydubro, LLC (hereinafter called "Owner")

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MUST CHECK WHICH TYPE OF WINDOWS: _______ This bid is for: Double hung with insulated glass, metal exterior/wood interior and

must be operating windows

_______ This bid is for: Non-opening commercial style windows with bronze frame, with tinted

insulated glass

LUMP SUM BID AMOUNT: $

Bidder understands the Owner reserves the right to reject any or all bids to waive informalities in the

bidding.

Bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 calendar days

after the scheduled closing time for receiving bids.

The Bidder, in compliance with your invitation for bids for façade improvements, having examined

the site of the proposed work, and being familiar with all of the conditions surrounding the

construction of the proposed project including the availability of materials and labor, hereby proposes

to furnish all labor, materials, and supplies; and to construct the project in accordance with the

Contract Documents, within the time set forth therein, and at the prices stated below. These prices

are to cover all expenses incurred in performing the work required under the Contract Documents, of

which this proposal is a part.

Bidder hereby agrees to commence work under this contract on or before a date to be specified in

written "Notice to Proceed" of the Owner and to fully complete the project within 90 consecutive

calendar days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated

damages, the sum of $50.00 for each consecutive calendar day thereafter.

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BASE PROPOSAL: Bidder agrees to perform all the Façade Improvement work described above and in

the Contract Documents for the sum (written in words):

Respectfully submitted:

By:________________________________________ SIGNATURE

____________________________________

(Title)

(SEAL - If bid submitted by corporation)

_____________________________________

_____________________________________

(Business Address & Zip Code)

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MAIN STREET DYERSBURG COMMERCIAL FACADE

CONSTRUCTION CONTRACT 100 South Main Avenue-Case 10B

2016 CDBG Façade Contract No: 11285

This AGREEMENT made this day of , 2017, by and between Dydubros, LLC, hereinafter referred to as the “Owner,,” and hereinafter referred to as the “Contractor”, witnesses that the Owner and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

1. Work:

The work is generally described as façade improvements, includes the labor and materials needed to complete the tasks contained in the Bid Proposal 10 B for the building located at 100 South Main Avenue, Dyersburg, TN.

1.1 The project scope includes the purchase and installation of eight

(8) new double hung windows which must be:

• Double hung with insulated glass, metal exterior/wood interior

and must be operating windows OR non-opening commercial

style windows with bronze frame, with tinted insulated glass

• Must repair any damaged woodwork associated with the

installation of the eight (8) new, double hung insulated

windows.

2. Job Oversight:

2.1 The Project has been initiated by the Owner, who will work in conjunction with the City of Dyersburg, to inspect all work for final approval.

2.2 Employee Interviews will be conducted monthly to ensure Davis Bacon Wage requirements are being met.

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2.3 All work will be in accordance with local and State code requirements.

2.4 All work must meet ADA specifications, including but not

limited to: width, cross slope, and stability.

3. Contract Time:

3.1 The work will be substantially completed within 90 calendar days from the date when the Contract Time commences.

3.2 Liquidated Damages in the amount of $50.00 per consecutive

calendar day will be charged to the Contractor shall said Contractor neglect, fail, or refuse to complete work within the time herein specified, or any proper extension thereof granted by the City of Dyersburg.

3.3 Should additional Contract Time be needed, the Contractor

shall request a specified number of days in writing, with sufficient explanation and documentation, to the Owner and City of Dyersburg for review and approval.

4. Contract Price:

4.1 The Contractor’s price of $ includes materials, equipment, and labor necessary to completed the project as outlined in Section 1.1 - 1.5 of this contract.

4.2 If the Contract price exceeds $2,000.00, the Contractor is responsible for complying with Davis Bacon Wage Requirements.

4.3 The Owner shall pay the Contractor for completion of the work

in accordance with the Contract Documents in current funds, as follows.

4.3.1 The Contractor has met all Davis Bacon Requirements by paying according to or above the wage scale provided in this contract (TN17004 01/06/2017)) provided weekly payrolls, wages have been verified by monthly interviews. These conditions must be verified by the Interested Party prior to payment to the Contractor.

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4.3.2 Once all work and Davis Bacon documentation is accepted by the Owner and the Interested Party, payment will be made to the Contractor as follows:

4.3.2.1 The Contractor will provide a signed Pay Estimate itemizing the work completed.

4.3.2.2 Upon acceptance, the Owner will make payment to the Contractor for 25% of the work. The Owner must provide acceptable documentation that the contractor has received Owner’s payment.

4.3.2.3 The Contractor’s Pay Estimate will be submitted to the Tennessee Department of Economic & Community Development for remaining payment. Once funds are received, the Interested Party will pay the remaining 75% to the contractor. Note, it could be 4-5 weeks before grant funds are received by the City of Dyersburg.

4.3.2.4 If overages are incurred (i.e. additive change orders), the Owner will be responsible for payment or all cost associated with overages.

As verbally agreed upon by both parties.

Title VI. The Contractor must understand and adhere to Title VI of the Civil Rights Act of 1964 which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. The Contractor will give the Owner a list of employees and their make-up regards to minority status.

At any time and without cause, the Owner may suspend work, or any portion thereof for a period of not more than ninety days in writing to Contractor. The Owner will fix the date which work will be resumed. The Contractor shall be allowed an extension of the Contract Time, if just cause is presented to the Owner in writing and approved by the Owner and the City of Dyersburg.

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5. Insurance:

5.1 The Contractor must carry adequate insurance to cover all construction activities and site safety needs.

5.2 Site safety is the sole responsibility of the Contractor.

5.3 The Contractor must insure their work for one year following

the final completion and approval of the work.

The Owner may terminate:

Upon the occurrence of any one or more of the following events:

1. Contractor persistently fails to perform the work in accordance with the bidding documents.

2. Contractor disregards the laws or regulation of any public body

having jurisdiction.

Owner Date

Contractor Date

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NOTICE TO PROCEED

(Date)

RE: Dyersburg 2016 Façade - 100 South Main Avenue Dyersburg, TN

You are hereby notified to commence WORK on , 20 , in accordance

with the Agreement dated , , and you are to complete the WORK

within 90 consecutive calendar days thereafter. The date of completion of all WORK is

therefore , 20 .

(Signature of OWNER) (Signature of CONTRACTOR)

By: By:

Title:

Title:

(Signature of INTERESTED PARTY)

By:

Title:

Steve Guttery

Main Street Director

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2017 CDBG Manual - Labor Chapter - Contracts Document Guide 15

CERTIFICATION OF BIDDER REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION

INSTRUCTIONS This certification is required pursuant to 24.CFR Section 24.510(b). It shall be completed, signed and submitted as part of the bid proposal. 1. By signing and submitting this proposal, the prospective lower-tier participant certifies that neither it, its principals nor affiliates, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Further, the Participant provides the certification set out below: 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that an erroneous certification was rendered, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originated may pursue available remedies. 3. Further, the Participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the Participant learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. By submitting this proposal, it is agreed that should the proposed covered transaction be entered into, the Participant will not knowingly enter into any lower-tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction unless authorized by the agency with which this transaction originated. 5. It is further agreed that by submitting this proposal, the Participant will include this Certification, without modification, in all lower-tier covered transactions and in all solicitations for lower-tier covered transactions. Contractor Name and Title Date Signature ___________________________________ Address City ______________________________________ State _____________________ Zip NON-CERTIFICATION: As the prospective lower-tier participant, I am unable to certify to statements in this Certification as explained in the attachment to this proposal. Contractor Name and Title Date Signature ___________________________________ Address City ______________________________________ State _____________________ Zip The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. This form must be submitted to the State with the bid tabulations.

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CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY

INSTRUCTIONS

This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted.

CERTIFICATION BY BIDDER Name and Address of Bidder (include Zip Code):

1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.

Yes No

2. Compliance reports were required to be filed in connection with such contract or subcontract.

Yes No

3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.

Yes No None Required

4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended?

Yes No

NAME AND TITLE OF SIGNER (Please type)

SIGNATURE DATE

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CERTIFICATION OF BIDDER REGARDING USE OF

FEMALE/MINORITY SUBCONTRACTORS INSTRUCTIONS

This certification is required for the contractor to demonstrate that when subcontractors are to be used on this project, an attempt will be made to utilize female/minority owned firms. Documentation must be on file to show who has been contacted.

CERTIFICATION BY BIDDER Name and Address of Bidder (include Zip Code):

I, _____________________________________, certify that every attempt was made to utilize female/minority contractors on this project. Name and Title of Signer

Signature Date

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CERTIFICATION OF BIDDER REGARDING SECTION 3 AND SEGREGATED FACILITIES

Name of Prime Contractor Project Name & Number

The undersigned hereby certifies that

(a) Section 3 provisions are included in the Contract.

(b) If contract equals or exceeds $100,000, HUD form 60002 will be submitted with the final pay estimate.

(c) No segregated facilities will be maintained.

Name & Title of Signer (Print or Type)

Signature Date

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2017 CDBG Manual - Labor Chapter - Contracts Document Guide 19

STATE OF _______________________ COUNTY OF _____________________

The undersigned, principal officer of ____________________________________________, an employer of five (5) or more employees contracting with __________________________ government to provide construction services, hereby states under oath as follows: 1. The undersigned is a principal officer of _____________________________

(hereinafter referred to as the “Company”), and is duly authorized to execute this Affidavit on behalf of the Company.

2. The Company submits this Affidavit pursuant to T.C.A. § 50-9-113, which requires each employer with no less than five (5) employees receiving pay who contracts with the state or any local government to provide construction services to submit an affidavit stating that such employer has a drug-free workplace program that complies with Title 50, Chapter 9, of the Tennessee Code Annotated.

3. The Company is in compliance with T.C.A. § 50-9-113.

Further affiant saith not.

__________________________________________ Principal Officer

STATE OF _______________________ COUNTY OF _____________________ Before me personally appeared _______________________________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that such person executed the foregoing affidavit for the purposes therein contained. Witness my hand and seal at office this _________ day of _________________, 20__.

________________________________ Notary Public My commission expires: ___________________

DRUG-FREE WORKPLACE AFFIDAVIT

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CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY

NAME OF PRIME CONTRACTOR PROJECT NUMBER

INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the subcontractor has not filed a compliance report due under applicable instructions, such subcontractor shall be required to submit a compliance report before the owner approves the subcontract or permits work to begin under the subcontract.

SUBCONTRACTOR'S CERTIFICATION NAME AND ADDRESS OF SUBCONTRACTOR (include ZIP Code):

1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.

Yes No

2. Compliance reports were required to be filed in connection with such contract or subcontract.

Yes No

3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.

Yes No None Required

4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended?

Yes No

NAME AND TITLE OF SIGNER (Please type)

SIGNATURE DATE

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CERTIFICATION OF PROPOSED SUBCONTRACTOR REGARDING SECTION 3 AND SEGREGATED

FACILITIES

Name of Subcontractor Project Name & Number

The undersigned hereby certifies that

(a) Section 3 provisions are included in the Contract;

(b) If contract equals or exceeds $100,000, HUD form 60002 will be submitted with the final pay estimate.

(c) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964.

Name & Title of Signer (Print or Type)

Signature Date

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EACH CONTRACTOR BIDDING SHALL FILL IN AND SIGN THE FOLLOWING This is to certify that _____________________________________________________ have fully complied with all the requirements of Chapter No. 878 (House Bill No. 111 and Senate Bill No. 411) which serves to amend Tennessee Code Annotated Title 12, Chapter 4, Part I, attached herein for reference. • All Bidders for construction services on this project shall be required to submit an

affidavit (by executing this compliance document) as part of their bid, that attests that such Bidder shall comply with requirements of Chapter no. 878.

Signed: _______________________________ State of _______________) ) ss County of ______________) Personally appeared before me, _______________________ the undersigned Notary

Public, ________________________________, the within named bargainer, with whom

I am personally acquainted, and known to me to be the President / Owner / Partner (as

applicable) of the ___________________________________________, Corporation,

Partnership, Sole Proprietorship (as applicable) and acknowledged to me that he

executed the foregoing document for the purposes recited therein.

Witness my hand, at office, this __________ day of _________________, 200__.

_____________________________________ Notary Public

My commission expires _________________

_____________________________________________________________________ 1 Statement of Compliance – Illegal Immigrants

STATEMENT OF COMPLIANCE CERTIFICATE ILLEGAL IMMIGRANTS

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IRAN DIVESTMENT ACT

In compliance with the Iran Divestment Act (State of Tennessee 2016, Public Chapter No. 817), which became effective on July 1, 2016, certification is required of all bidders on contracts over $1,000. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party hereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to T.C.A. § 12-12-106. I affirm, under the penalties of perjury, this statement to be true and correct.

Date Signature of Bidder

Company A bid shall not be considered for award nor shall award be made where the foregoing certification has been complied with; provided, however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed

a bidder who cannot make the certification, on case-by-case basis, if: 1. The investment activities in Iran were made before July 1, 2016, the investment activities

in Iran have not been expanded or reviewed on or after July 1, 2016, and the person has adopted, publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

is offered. Such determination shall be made in writing and shall be a public document.

statement which sets forth in detail the reasons therefor. The City of Dyersburg may award a bid to

2. The City of City of Dyersburg makes a determination that the goods or services are necessary for the City of Dyersburg to perform its functions and that, absent such an exemption, the political subdivision will be unable to obtain the goods or services for which the contract

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General Decision Number: TN180040 01/05/2018 TN40

Superseded General Decision Number: TN20170040

State: Tennessee

Construction Type: Building

County: Dyer County in Tennessee.

BUILDING CONSTRUCTION PROJECTS (does not include single family

homes or apartments up to and including 4 stories).

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 www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/05/2018

ENGI0369-006 05/01/2013

Rates Fringes

OPERATOR: Bulldozer.............$ 24.47 10.85

OPERATOR: Forklift..............$ 24.47 10.85

----------------------------------------------------------------

* IRON0167-011 05/01/2017

Rates Fringes

IRONWORKER, STRUCTURAL AND

REINFORCING......................$ 24.15 15.44

----------------------------------------------------------------

PAIN0049-004 06/01/2006

Rates Fringes

PAINTER: Brush and Roller,

Excludes Drywall

Finishing/Taping.................$ 15.07 5.42

----------------------------------------------------------------

PLUM0614-003 07/01/2016

Rates Fringes

PIPEFITTER.......................$ 30.45 14.38

----------------------------------------------------------------

SUTN2009-038 09/21/2009

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Rates Fringes

BRICKLAYER.......................$ 23.03 0.00

CARPENTER, Includes Form Work

(Excludes Drywall Hanging).......$ 17.02 0.00

CEMENT MASON/CONCRETE FINISHER...$ 11.14 1.51

DRYWALL FINISHER/TAPER...........$ 13.88 0.00

DRYWALL HANGER...................$ 14.00 0.00

ELECTRICIAN, Includes

Installtion of Alarms and

Sound Systems....................$ 15.92 3.20

GLAZIER..........................$ 12.28 2.52

LABORER: Common or General......$ 9.00 0.17

LABORER: Mason Tender - Brick...$ 12.00 0.00

MECHANICAL INSULATOR,

Including Duct and Pipe

Insulation.......................$ 15.00 1.21

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 15.93 0.00

OPERATOR: Crane.................$ 18.42 2.02

OPERATOR: Grader/Blade..........$ 15.05 1.42

OPERATOR: Roller................$ 12.00 0.00

PAINTER: Spray (Excludes

Drywall Finishing/Taping)........$ 12.00 0.00

PLUMBER..........................$ 14.31 0.89

ROOFER, Includes Rubber, and

Shake & Shingle Roofs............$ 15.38 0.00

SHEET METAL WORKER, Includes

HVAC Duct Installation...........$ 15.60 0.89

TRUCK DRIVER: Dump Truck........$ 11.37 1.50

----------------------------------------------------------------

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

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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.dol.gov/whd/govcontracts.

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

(29CFR 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).

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

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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:

* 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,

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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

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