The bill modifies procurement requirements for state contracts for public projects. The bill makes the following changes:
Apprenticeship utilization requirements: The general contractor for a public project financed in whole or in part by state money in the amount of $1 million or more is required to submit, prior to the contract award, documentation to the contracting agency that certifies that all subcontractors used on the project participate in apprenticeship training programs that have been approved by a federal or state apprenticeship agency and have a proven record of graduating apprentices at specified rates. The contractor is required to provide specified supporting documentation to the contracting agency and the agency is required to make the documentation available to the public on its website. A contractor that plans to submit a bid for a public project may request a waiver of the apprenticeship requirements and the contracting agency is required make public all waivers and the specific rationale for granting the waiver. The apprenticeship utilization requirements do not apply to the department of transportation.
Prevailing wage requirements: Any contractor who is awarded a contract for a public project, including an integrated project delivery contract, by an agency of government for $500,000 or more (public project), and any subcontractors working on the public project, are required to pay their employees a prevailing wage at weekly intervals. This requirement does not apply to contracts that include federal money. This requirement also does not apply to the department of transportation; except that the department of transportation is required to pay employees performing work on public projects, regardless of the amount of funding source of the project, in accordance with the federal "Davis-Bacon Act".
Before awarding a contract for a public project, an agency of government is required obtain the general prevailing rate of the regular, holiday, and overtime wages paid and the general prevailing payments on behalf of employees to lawful welfare, pension, vacation, apprentice training, and education funds in the state (wages) for each employee needed to execute the contract for the public project.
An agency of government is required to specify in the competitive solicitation for a public project and in the contract for such public project the general prevailing rate of the wages paid in the geographic locality for each employee needed to execute the contract. The contract is also required to include other specified information regarding the payment of wages. If the contractor or subcontractor fails to pay wages as are required by the contract, the contracting agency of government is not allowed to approve a warrant or demand for payment to the contractor until the contractor provides evidence that the wages have been paid
The executive director of the department of personnel is required to determine the applicable prevailing wage for public projects and is required to use appropriate wage determinations issued by the United States department of labor in accordance with the federal "Davis-Bacon Act" to establish the prevailing wage rates for the applicable trades or occupation for the geographic locality of the public project.
Each contractor awarded a contract for public project and each subcontractor who performs work on the public project is required to post in conspicuous places on the job site posters that contain the current prevailing rate of wages to execute the contract and the rights and remedies of any employee for nonpayment of any wages earned. The executive director of the department of personnel is required to create the posters and provide them to contractors and subcontractors.
The executive director of the department of personnel is required to establish a separate apprenticeship contribution rate under the prevailing wage requirements.
The bill specifies enforcement provisions, overseen by the department of labor and employment, for violations of the prevailing wage requirements and specifies that an employee or former employee of a contractor or subcontractor is allowed to bring a civil action for a violation of the prevailing wage requirements.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)