Chapter DWD 290

DWD 290.11(2) (2) The state agency or local governmental unit notified under sub. (1), or an owner or developer notified under sub. (1m), shall file an application for a prevailing wage rate determination, on a form prescribed by the department, within 10 days of the department’s notice of noncompliance.

DWD 290.11(3) (3) The department shall issue the prevailing wage rate determination within 30 days of the notice of noncompliance.

DWD 290.11(4) (4) The local governmental unit or state agency notified under sub. (1), or an owner or developer notified under sub. (1m), may request a review of the prevailing wage rate determination within 30 days of the issuance of the determination pursuant to s. DWD 290.10.

DWD 290.11(5) (5) If the state agency or local governmental unit notified under sub. (1), or an owner or developer notified under sub. (1m), failed to incorporate a prevailing wage rate determination into a contract or bid, the local governmental unit, state agency, owner or developer shall either terminate the contract and resolicit bids using the prevailing wage rate determination or incorporate the determination retroactive to the beginning of construction through supplemental agreement or change order. The employer shall be compensated for any increases in wages resulting from the change and any amount of liquidated damages assessed by the department to the employer under s. 66.0903 (11) (a), 66.0904 (9) (a), or 103.49 (6m) (ag), 2009 Stats. The method of incorporation of the prevailing wage rate determination and the adjustment in the contract or bid price shall be in accordance with applicable procurement law.

DWD 290.11 History History: Cr. Register, January, 1976, No. 241, eff. 2-1-76; r. and recr. (2), cr. (3), Register, January, 1986, No. 361, eff. 2-1-86; am. (1) (intro.), Register, June, 1987, No. 378, eff. 7-1-87; correction in (1) (c) and (2) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; r. and recr. Register, September, 1997, No. 501, eff. 10-1-97; r. and recr. Register, July, 2000, No. 535, eff. 8-1-00; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535; CR 10-092: am. (title), (2), (4), (5), cr. (1m) Register December 2010 No. 660, eff. 1-1-11; correction in (1), (1m), (5) made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738.

DWD 290.12 DWD 290.12 Posting of prevailing wage rates.

DWD 290.12(1) (1) A clearly legible copy of the prevailing wage rate determination issued by the department or exempted local governmental unit, together with the provisions of s. 66.0903 (10) (a) and (11) (a), 66.0904 (8) (a) and (9) (a), or 103.49 (2) and (6m), 2009 Stats., shall be kept posted in at least one conspicuous and easily accessible place on the site of each project by the contracting state agency, owner or developer of real property, or local governmental unit and the notice shall remain posted during the full time any laborer, worker, mechanic or truck driver is employed on the project.

DWD 290.12(2) (2) If there is no appropriate site on a project, a local governmental unit may post the prevailing wage rate determination at the place normally used to post public notices.

DWD 290.12(3) (3) Before the date that work is first performed by a minor subcontractor, a contractor or subcontractor that hires a minor subcontractor shall provide a copy of the prevailing wage determination for the project to the minor subcontractor.

DWD 290.12 History History: Cr. Register, January, 1976, No. 241, eff. 2-1-76; am. Register, January, 1986, No. 361, eff. 2-1-86; am. (1) (intro.), Register, June, 1987, No. 378, eff. 7-1-87; renum. to be (1), cr. (2), Register, September, 1997, No. 501, eff. 10-1-97; am. (1), renum. (2) to be (3), cr. (2), Register, July, 2000, No. 535, eff. 8-1-00; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535; CR 10-092: am. (1), (3) Register December 2010 No. 660, eff. 1-1-11; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738.

DWD 290.13 DWD 290.13 Evidence of compliance by agent and subcontractor.

DWD 290.13(1) (1) Affidavit of compliance. Upon completion of their portion of work on a project of public works or a publicly funded private construction project and prior to receiving final payment for work on the project, each agent or subcontractor shall file an agent or subcontractor affidavit of compliance with the prevailing wage rate determination, on a form prescribed by the department, with its prime contractor.

DWD 290.13(2) (2) Record retention.

DWD 290.13(2)(a) (a) Each agent or subcontractor who performed work on a project of public works or a publicly funded private construction project shall retain the following records for at least 3 years after the last day on which the prime contractor and all its agents or subcontractors completed work on the site of the project:

DWD 290.13(2)(a)1. 1. An accurate record of the name, trade or occupation, hours worked, and actual wages paid for all of its employees who performed work on the project.

DWD 290.13(2)(a)2. 2. A properly completed agent or subcontractor affidavit of compliance with the prevailing wage rate determination, on a form prescribed by the department, from each of its agents or subcontractors that performed work on the project.

DWD 290.13(2)(b) (b) The required records shall be made available for inspection upon request of the department, state agency, or local governmental unit.

DWD 290.13(2)(c) (c) The location of the required records shall be designated in the affidavit required under sub. (1). The records shall not be moved from the designated location without prior notice of the new location and the expected move date to the state agency or local governmental unit.

DWD 290.13(3) (3) Subcontractor notification. Any contractor, subcontractor, contractor’s agent or subcontractor’s agent who fails to provide its subcontractors and agents the applicable prevailing wage determination for the project as noted in s. DWD 290.17 is liable for any amount of liquidated damages assessed by the department to the subcontractor or agent under s. 66.0903 (11) (a), 66.0904 (9) (a), or 103.49 (6m) (ag), 2009 Stats.

DWD 290.13 History History: Cr. Register, January, 1976, No. 241, eff. 2-1-76; r. and recr. Register, January, 1986, No. 361, eff. 2-1-86; r. and recr. Register, July, 2000, No. 535, eff. 8-1-00; CR 10-092: am. (1), (2) (a) (intro.), cr. (3) Register December 2010 No. 660, eff. 1-1-11; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738.

DWD 290.14 DWD 290.14 Evidence of compliance by prime contractor.

DWD 290.14(1) (1) Affidavit of compliance. Upon completion of the project of public works or publicly funded private construction project and prior to receiving its final payment for work on the project, each prime contractor shall file a prime contractor affidavit of compliance with the prevailing wage rate determination, on a form prescribed by the department, with the state agency, local governmental unit, or owner or developer of real property that awarded the contract.

DWD 290.14(2) (2) Record retention.

DWD 290.14(2)(a) (a) Each prime contractor shall retain the following records for at least 3 years after the last day on which the prime contractor and all its agents or subcontractors completed work on the site of the project:

DWD 290.14(2)(a)1. 1. An accurate record of the name, trade or occupation, hours worked, and actual wages paid for all of its employees who performed work on the project.

DWD 290.14(2)(a)2. 2. A properly completed agent or subcontractor affidavit of compliance with the prevailing wage rate determination, on a form prescribed by the department, from each of its agents or subcontractors that performed work on the project.

DWD 290.14(2)(b) (b) The required records shall be made available for inspection upon request of the department, state agency, or local governmental unit.

DWD 290.14(2)(c) (c) The location of the required records shall be designated in the affidavit required under sub. (1). The records shall not be moved from the designated location without prior notice of the new location and the expected move date to the state agency or local governmental unit.

DWD 290.14(3) (3) Subcontractor notification. Any prime contractor who fails to provide its subcontractors and agents the applicable prevailing wage determination for the project as noted in s. DWD 290.17 is liable for any amount of liquidated damages assessed by the department to the subcontractor or agent under s. 66.0903 (11) (a), 66.0904 (9) (a), or 103.49 (6m) (ag), 2009 Stats.

DWD 290.14 History History: Cr. Register, January, 1976, No. 241, eff. 2-1-76; r. and recr. (2), Register, January, 1986, No. 361, eff. 2-1-86; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; r. and recr. Register, July, 2000, No. 535, eff. 8-1-00; CR 10-092: am. (1), cr. (3) Register December 2010 No. 660, eff. 1-1-11; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738.

DWD 290.145 DWD 290.145 Evidence of compliance by owner or developer of real property. Prior to the local governmental unit accepting the dedication of any work completed under s. 66.0903 (2), 2009 Stats., each owner or developer of real property shall file an owner or developer affidavit of compliance with the prevailing wage rate determination, on a form prescribed by the department, with the local governmental unit.

DWD 290.145 History History: CR 10-092: cr. Register December 2010 No. 660, eff. 1-1-11; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738.

DWD 290.155 DWD 290.155 Minimum estimated project costs.

DWD 290.155(1) (1) This chapter does not apply to any project of public works for which the estimated cost of completion is below $25,000.

DWD 290.155(1m) (1m) This chapter does not apply to a publicly funded private construction project that receives less than $1,000,000 in direct financial assistance from a local governmental unit.

DWD 290.155(2) (2) The estimated cost of completion of a project of public works shall include all contracts and subcontracts that are closely related in purpose, time, and place. Similar or related work may be considered a separate project of public works only if all of the following apply to each portion of work:

DWD 290.155(2)(b) (b) It is advertised separately.

DWD 290.155(2)(c) (c) It is bid or negotiated separately.

DWD 290.155(2)(d) (d) It is awarded separately.

DWD 290.155(2)(e) (e) It is not dependent on another segment of work for completion.

DWD 290.155(3) (3) The estimated cost of completion of a project of public works shall include labor costs based on the most current prevailing wage rates available from the department, material, furnishings, and other things of value required to be supplied by a contractor or its subcontractors to construct a specific project.

DWD 290.155(4) (4) The estimated cost of completion of a project of public works shall not include land cost, architectural fees, engineering fees, planning and research costs, the projected value of the hourly labor performed by volunteers, the value of donated materials, and administrative costs.

DWD 290.155 History History: Cr. Register, November, 1976, No. 251, eff. 12-1-76; r. and recr. Register, January, 1980, No. 289, eff. 2-1-80; am. Register, May, 1982, No. 317, eff. 6-1-82; am. Register, December, 1984, No. 348, eff. 1-1-85; am. Register, June, 1987, No. 378, eff. 7-1-87; am. Register, October, 1990, No. 418, eff. 11-1-90; am. Register, November, 1993, No. 455, eff. 12-1-93; am., Register, September, 1997, No. 501, eff. 10-1-97; emerg. am. eff. 2-13-98; am. Register, August, 1998, No. 512, eff. 9-1-98; emerg. am. eff. 1-4-99; am. Register, May, 1999, No. 521, eff. 6-1-99; renum. to be (1) and am., cr. (2) to (4), Register, July, 2000, No. 535, eff. 8-1-00; CR 02-011: am. (1), Register June 2002 No. 558, eff. 7-1-02; emerg. am. (1), eff. 1-1-03; CR 03-008: am. (1) Register May 2003 No. 569, eff. 6-1-03; emerg. am. (1), eff. 1-1-04; CR 04-006: am. (1) Register May 2004 No. 581, eff. 6-1-04; emerg. am. (1) eff. 1-1-05; CR 05-007: am. (1) Register May 2005 No. 593, eff. 6-1-05; emerg. am. (1), eff. 1-1-06; CR 06-004: am. (1) Register May 2006 No. 605, eff. 6-1-06; emerg. am. eff. 1-1-07; CR 07-003: am. (1) Register June 2007 No. 618, eff. 7-1-07; emerg. am. (1), eff. 1-1-08; CR 08-003: am. (1) Register May 2008 No. 629, eff. 6-1-08; EmR0838: emerg. am. (1), eff. 1-1-09; CR 09-001: am. (1) Register June 2009 No. 642, eff. 7-1-09; CR 10-092: am. (1), (2) (intro.), (3), (4), cr. (1m), r. (2) (a) Register December 2010 No. 660, eff. 1-1-11.

DWD 290.16 DWD 290.16 Complaints. Any person may request an inspection pursuant to s. 66.0903 (10) (c), 66.0904 (8) (c), or 103.49 (5) (c), 2009 Stats. The request shall be in writing and shall identify the involved project; contractor, subcontractor, or agent; and trade or occupation. The requestor shall sign a statement that he or she understands the obligation to pay costs assessed pursuant to s. 66.0903 (10) (c), 66.0904 (8) (c), or 103.49 (5) (c), 2009 Stats., if the contractor, subcontractor, or agent is found to be in compliance.

DWD 290.16 History History: Cr. Register, January, 1976, No. 241, eff. 2-1-76; r. and recr. Register, January, 1986, No. 361, eff. 2-1-86; r. and recr. Register, July, 2000, No. 535, eff. 8-1-00; correction made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535; CR 10-092: am. Register December 2010 No. 660, eff. 1-1-11; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738.

DWD 290.17 DWD 290.17 Standard contract language.

DWD 290.17(1) (1) Every state agency or local governmental unit shall insert or cause to be inserted a clause in every prime contract that clearly states that the applicable project of public works is subject to the provisions of either s. 66.0903 or 103.49, 2009 Stats., and ch. DWD 290.

DWD 290.17(2) (2) Every owner or developer of real property shall insert or cause to be inserted a clause in every prime contract that clearly states that the applicable publicly funded private construction project is subject to the provisions of s. 66.0904, 2009 Stats., and ch. DWD 290.

DWD 290.17(3) (3) Every contractor who contracts with another contractor, subcontractor or agent to complete work on a project of public works or a publicly funded private construction project shall provide a copy of the applicable prevailing wage determination for the project to the contractor.

DWD 290.17 History History: Cr. Register, July, 2000, No. 535, eff. 8-1-00; correction made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535; CR 10-092: renum. to be (1) and am., cr. (2), (3) Register December 2010 No. 660, eff. 1-1-11; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738.

DWD 290.18 DWD 290.18 Electronic certified payroll records.

DWD 290.18(1) (1) Contractor reporting. Except as noted in sub. (2), by the 7th day of the month following a month in which a contractor, subcontractor, or contractor’s or subcontractor’s agent performs work on a prevailing wage project, the contractor, subcontractor, or contractor’s or subcontractor’s agent shall upload certified payroll records to the department’s website that comply with the applicable electronic formatting requirements, including the identification of each person who has performed work on the prevailing wage project.

DWD 290.18(2) (2) Union contractor reporting.

DWD 290.18(2)(a) (a) If the contractor, subcontractor, or contractor’s or subcontractor’s agent has persons who are subject to a collective bargaining agreement performing work on a prevailing wage project for which the collective bargaining agreement wage rates equal or exceed the prevailing wage rate, then, by the 7th day of the month following the first month in which the contractor, subcontractor, or contractor’s or subcontractor’s agent performs work on the prevailing wage project, the contractor, subcontractor, or contractor’s or subcontractor’s agent shall upload certified payroll records that comply with the applicable electronic formatting requirements and upload an electronic copy of the applicable collective bargaining agreement if it does not already appear on the prevailing wage public display of collective bargaining agreements. For any month in which there is a change to the collective bargaining agreement wage rate, the contractor, subcontractor, or contractor’s or subcontractor’s agent shall upload subsequent certified payroll records that comply with the applicable electronic formatting requirements for union contractors and upload an electronic copy of the collective bargaining agreement if it does not already appear on the prevailing wage public display of collective bargaining agreements.

DWD 290.18(2)(b) (b) If the contractor, subcontractor, or contractor’s or subcontractor’s agent has persons who are subject to a collective bargaining agreement performing work on a prevailing wage project for which the collective bargaining agreement wage rates do not equal or exceed the prevailing wage rate, then the contractor, subcontractor, or contractor’s or subcontractor’s agent is subject to sub. (1).

DWD 290.18 History History: CR 10-092: cr. Register December 2010 No. 660, eff. 1-1-11.

DWD 290.19 DWD 290.19 Application of effective date.

DWD 290.19(1) (1) Projects of public works, requests for bids. For projects under s. 66.0903, 2009 Stats., which are subject to bidding, the department shall apply the threshold amount of $25,000 to projects for which a request for bids is issued after January 1, 2010.

DWD 290.19(2) (2) Projects of public works, negotiated contracts. For projects under s. 66.0903, 2009 Stats., which are covered by negotiated contracts, the department shall apply the threshold amount of $25,000 to projects for which an agreement is made after January 1, 2010, as shown by a signed contract or other evidence of an agreement.

DWD 290.19(3) (3) Publicly funded private construction projects, requests for bids. For projects under s. 66.0904, 2009 Stats., which are subject to bidding, the department shall apply the threshold amount of $1,000,000 to projects for which a request for bids is issued after January 1, 2010 and for which at least $1,000,000 in direct financial assistance is committed as of the date that the request for bids is issued.

DWD 290.19(4) (4) Publicly funded private construction projects, negotiated contracts. For projects under s. 66.0904, 2009 Stats., which are covered by negotiated contracts, the department shall apply the threshold amount of $1,000,000 to projects for which an agreement is made after January 1, 2010, as shown by a signed contract or other evidence of an agreement, and for which at least $1,000,000 in direct financial assistance is committed as of the date that the negotiated agreement has been signed by all of the parties to the agreement.

DWD 290.19 History History: CR 10-092: cr. Register December 2010 No. 660, eff. 1-1-11; correctios made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738.