DWD 290.10(2)(d)(d) The request includes wage rate information for the contested trade or occupation on at least 3 projects of the same type located in the city, village or town where the proposed project is located and on which some work was performed within the applicable survey period and which was previously considered by the department in issuing the determination. DWD 290.10(3)(3) In the course of its review, the department shall consider wage rate information from all other similar projects on which work was performed within the city, village or town during the applicable survey period. The department shall follow the same calculation criteria employed in the survey determinations. DWD 290.10 NoteNote: The department is required to affirm or modify the determination within 15 days after the date on which the department receives the request for review. Section 66.0903 (3) (br), 66.0904 (4) (e), or 103.49 (3) (c), 2009 Stats. DWD 290.10 HistoryHistory: Cr. Register, January, 1967, No. 133, eff. 2-1-67; r. and recr. Register, January, 1976, No. 241, eff. 2-1-76; r. and recr. Register, January, 1986, No. 361, eff. 2-1-86; am. (1) (c), Register, June, 1987, No. 378, eff. 7-1-87; am. (1) (c), Register, September, 1990, No. 418, eff. 11-1-90; correction in (1) (e) 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; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535; CR 10-092: am. (1), (2) (intro.) 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 290.11DWD 290.11 Procedure when a covered entity fails to request a required prevailing wage rate determination or incorporate a required prevailing wage rate determination into a contract. DWD 290.11(1)(1) When the department finds that a state agency or local governmental unit has not requested a prevailing wage rate determination as required under s. 66.0903 (3) (am) or 103.49 (3), 2009 Stats., the department shall promptly notify the state agency or local governmental unit of the noncompliance. DWD 290.11(1m)(1m) When the department finds that an owner or developer has not requested a prevailing wage rate determination as required under s. 66.0904 (4) (a), 2009 Stats., the department shall promptly notify the owner or developer of the noncompliance. 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 HistoryHistory: 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 290.12DWD 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 HistoryHistory: 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 290.13DWD 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)(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 HistoryHistory: 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 290.14DWD 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.