Prevailing Wages: Federally Funded Construction
Davis-Bacon Wage Requirements
All contractors and subcontractors on federally funded City construction projects must pay the appropriate Davis-Bacon wage rate (when applicable) to all craftsman, tradesman, laborers and mechanics that work on the project.
The applicable Davis-Bacon wage decision and contract clauses should be incorporated into the contract for construction. In most cases, when construction begins, the wage decision is "locked-in" and no future modifications are applicable to the contract or project involved.
The contract's Davis-Bacon wage decision and Davis-Bacon "whistleblower" poster are to be posted at the construction site by the contractor in a place that is visible to all employees.
Apprentices On Davis-Bacon Projects
Apprentices working on a project covered by Davis-Bacon must belong to a bona fide apprenticeship program registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training.
Mandated ratios between journeymen and apprentices must be followed. The maximum number of apprentices that you can use on the job site can not exceed the ratio of apprentices to journeymen allowed in the approved program.
Apprenticeship papers must be filed with Office of Contract Compliance with submission of the first certified payroll that the apprentice appears. Employees listed as an apprentice by the contractor that do not belong in an apprenticeship program registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training must be paid the full journeyman rate for the appropriate classification.
Contractors and subcontractors are required by law to submit certified payroll reports for work on projects that fall under the federal Davis-Bacon Act. Payroll records are needed by Office of Contract Compliance to ensure compliance to the applicable prevailing wage rates.
The certified payroll reports must include:
- any wages paid to employees
- employee's name
- last four digits of the employee's Social Security number
- number of hours worked each day during the week
- the total of hours worked for the week
- employee's hourly rate of pay
- employee's job classification
- fringe payments
- deductions from the employee’s wages
All payroll forms are to be submitted to the prime contractor by the subcontractors. Certified payroll reports should be submitted to Office of Contract Compliance on a weekly basis.
During a week of no work, payroll reports are to be filled out as usual with the words "NO WORK PERFORMED THIS WEEK."
Payment of all invoices is contingent on the timely submission and the accuracy of the certified payrolls.
Payroll Reporting Form
This Payroll Reporting Form meets the reporting requirements established by the U.S. Department of Labor. The use of this form is not mandatory; employers may submit their own forms so long as all of the required information is included. You may find these Instructions & Tips useful as you submit your payroll reports.
When Work Is Complete
Each contractor/subcontractor must write "FINAL" on the last payroll when their work on the project is complete.
They must also complete and notarize the Affidavit of Contractor or Subcontractor Prevailing Wages (Form 104) and file it with Office of Contract Compliance. The Form 104 should cover the first and last day that the contractor/subcontractor worked on the site and be executed and sworn to by the officer or agent of the contractor/subcontractor who supervises the payment of employees.
Use Of Subcontractors
The City of Cincinnati requires that all subcontractors, regardless of tier, be approved by the Office of Contract Compliance prior to starting work on a City project. The approval process is to ensure that firms or individuals that are to work on City projects are not suspended or debarred by the U.S. Department of Labor or are otherwise not eligible to perform work on publicly funded projects.
All subcontractors are to complete the Subcontractor Approval Form 2004 in its entirety and submit it to the contractor. The contractor will then request that the City approve the subcontractor by submitting the Subcontractor Approval Form 2004 to the Office of Contract Compliance for review. After receipt of the Subcontractor Approval Form 2004, the City will notify the contractor whether the subcontractor has been approved or reasons why approval can not be granted.
On projects subject to a Small Business Enterprise (SBE) participation goal, when substituting an SBE contractor, a Subcontractor Substitution Form 2006 must be submitted to the Office of Contract Compliance for review and approval before the requested subcontractor begins work. A valid reason must be provided to the Office of Contract Compliance for review and approval before a cancellation of contract can be with a City-certified SBE.
Please note: Unless otherwise authorized by the City's Contract Compliance Officer, the contractor has to replace an SBE with another SBE in order to maintain the project/contract's SBE participation goal.
Reporting Payments To Subcontractors
The City of Cincinnati uses an online system, SubConTrak, to track and monitor payments made to subcontractors and to provide a visual tool for monitoring progress towards achieving a project’s SBE participation goal. The information reported must be accurate and include all subcontractors that work on the site. Regarding suppliers, if the supplier is not a certified City of Cincinnati SBE they do not have to be listed on SubConTrak. Only SBE suppliers need to be listed in SubConTrak. SubConTrak needs to be maintained and updated periodically (at least, before the submission of any invoice into the City).
The website for SubConTrak is http://www.subcontrak.com/cincinnati/Welcome.aspx.
Questions? Please contact Edgar De Veyra at 513-352-3142 or firstname.lastname@example.org.
Equal Employment Opportunity (EEO) Program
The Monthly Utilization Report (Form 257) is to be completed by each contractor (both prime and sub) and filed by the 10th day of each month during the term of the contract to include the total work hours on all projects, public and private, and for each craft/trade in Hamilton County for the monthly reporting period. The prime contractor will submit a report of his own field workforce via City’s online tracking system, SubConTrak, and collect and submit into OCC a hardcopy of the Form 257 from each subcontractor.
As part of the City of Cincinnati's commitment to equal employment opportunity, City policy requires the posting of a complete EEO poster setting forth the provisions of the City’s nondiscrimination clause. It must be posted in a conspicuous place and available to employees and applicants for employment.
If you have any questions regarding its use, or if you would like to request a copy of the poster, please call the Office of Contract Compliance at 513-352-3144.
All construction contractors with a City of Cincinnati construction contract must use their best efforts to post available employment opportunities within the contractor’s organization or the organization of any subcontractor working with the contractor with the SuperJobs Center.
To meet the job posting requirement, contractors should contact the SuperJobs Center whenever they or any of their subcontractor(s) have available employment opportunities within their organization.
To mail information about employment opportunities to the SuperJobs Center please send it to:
1916 Central Pkwy.
Cincinnati, OH 45214-2305
You can also contact SuperJobs at 513-458-6599 or email@example.com. Please address all correspondence to the Business Services Manager.