Ny State Truck Driver Employment Contract - PDF - PDF by ssb13122

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									 To:                                                                             New York State
                                                                                 Department of
                                                                                 Transportation
                                                                            ENGINEERING
                                                                                                               EB
                                                                             BULLETIN                           00-037
                                                                             Expires one year after issue unless replaced sooner


 Title:    REVISED FORM HC-231 & CONTRACT ADMINISTRATION MANUAL - § 102-10, LABOR
           AND EMPLOYMENT AND § 107-03, FEDERAL AID
 Distribution:                                            Approved:
 9 Manufacturers (18)            9 Surveyors (33)
 : Main Office (30)              : Consultants (34)
                                                          /s/ J. F. Tynan                                     05/30/00
 9 Local Govt. (31)              : Contractors (39)       J. F. Tynan, Construction Division                      Date
 : Regions/Agencies (32)         9 ____________(      )


Purpose: The purpose of this Engineering Bulletin (EB) is to announce the availability of a revised
Contractor’s Payroll Statement, Form HC-231-1 (04/00), and transmit associated revisions to the Contract
Administration Manual (CAM) for Sections 102-10, LABOR AND EMPLOYMENT and 107-03 FEDERAL
AID.

Administrative Information: The material transmitted by this EB is effective immediately.

Transmitted Materials: Replacement pages for CAM sections 102-10 and 107-03 are attached. Replace the
existing CAM pages with new pages as follows:

          Existing Section & pages (March 1996)                 New Section & pages (April 2000)

          § 102-10, pages 7 & 8                                 § 102-10, pages 7 & 8
          § 107-03, page 11                                     § 107-03, page 11
          Exhibit 102-10 E, 1 of 2                              Exhibit 102-10 E, 1 of 2
          Exhibit 102-10 E, 2 of 2 (reverse of 1of 2)           Exhibit 102-10 E, 2 of 2 (reverse of 1of 2)
          Exhibit 102-10 F                                      Exhibit 102-10 F
          Appendix C, page 1                                    Appendix C, page 1
          Appendix D, page 2                                    Appendix D, page 2
          Appendix E, page 1                                    Appendix E, page 1

Background: The previous policy required the use of Form HC 231-1 (9/75) for State funded contracts and
Form WH 347 (CAM Exhibit 107-03F) for Federally funded contracts. These forms were not interchangeable
because of different State and Federal Labor Laws referenced on the forms. We have revised Form HC 231-1
Statement of Compliance, and the corresponding guidance contained in the CAM Sections 102-10 & 107-03
to allow the Contractors and Subcontractors to utilize Form HC 231-1 (04/00), Contractor’s Payroll Statement,
and the Statement of Compliance (reverse side of HC 231-1) for both State or Federally-aided construction
contracts.

Contact: Regional Construction Groups may order a supply of HC 231 forms via e-mail by contacting the DOT
warehouse at user id: warehouse. Questions regarding this EB or transmitted material should be directed to the
Construction Division at (518) 457-6475.
                                                                                           §102-10

                                LABOR AND EMPLOYMENT

                certification. Each wage rate period during which the subcontractor will perform
                work requires a separate certification. A copy of these revised certifications should
                also be provided to the EIC before work is performed in the new wage rate period.

       4.       After the official last day of work on the project, the prime contractor shall complete
                Form AC 2947. Instructions for completing this form are found in Exhibit 102-10C.
                The prime contractor must submit to the Engineer an original AC 2947. An original
                AC 2948 for each wage rate period during which work was performed by each
                subcontractor must also be provided. These forms must be submitted to the Engineer
                by the contract acceptance date so that they can be incorporated into the final
                agreement and estimate package. Refer to section 109-11 of this manual for
                additional information. Upon receipt of these forms the EIC shall check the
                following:

                a.     The date entered in item 5 of the AC 2947 must be the same date shown for
                       the last day of work on the R45c, Recommendation of Contract Acceptance.

                b.     A list of subcontractors with the last day of work for each subcontractor must
                       be provided. The EIC shall verify that each subcontractor that worked on the
                       project is on the list and that the last day of work reported is correct.

II.    WEEKLY PAYROLL RECORDS AND STATEMENT OF COMPLIANCE

This section requires that each Contractor and Subcontractor shall furnish the Engineer-in-Charge,
each week, payroll records and a Statement of Compliance with respect to the wages paid each
employee (including apprentices and trainees) engaged on work during the preceding weekly payroll
period.

Section 38, Subdivision 7d of the New York State Highway Law reads as follows:

       "No certificates approving or authorizing a partial or final payment shall be made by
       the Commissioner of Transportation until he is satisfied that all laborers employed
       on the work have been paid for their services for the last payroll period preceding the
       said partial or final payment. The Commissioner of Transportation




  April, 2000                                                                               Page 7
                                                                                         §102-10

                               LABOR AND EMPLOYMENT

       may, if he deems necessary, require an affidavit to such effect from the contractor or he may
       depend on any other source which he deems proper for such information."

The process established to comply with this provision of the Highway Law is to require weekly
payrolls and a statement of compliance. Refer to section 109-03 and 109-11 of this manual for
additional information on these submittals and the payment process.

The submission of payrolls as specified herein is not intended to satisfy contractor and/or
subcontractor obligations with respect to maintenance of payrolls as set forth in Article 8, Section
220.3a, of the N.Y. State Labor Law. The contractor and each subcontractor must maintain the
required payroll records in accordance with the Labor Law.

A.     CONTRACTOR'S PAYROLL STATEMENT - FORM HC-231-1

       Contractor’s may use, on both State and Federally-aided contracts Form HC-231-1,
       Contractor's Payroll Statement, in accordance with Form HC-231-2, Instruction for
       Completing Payroll Form HC-231-1. Forms HC-231-1 and HC-231-2 are shown as Exhibits
       102-10E and 102-10F. Contractors and Subcontractors are required to enter the required
       payroll data on the front of Form HC-231-1 and complete the Statement of Compliance
       which appears on the reverse side. A computer printed payroll may be submitted in lieu of
       completing the payroll data portion of Form HC-231-1, provided it contains all the required
       information. Under this option, Contractors and Subcontractors must still complete the
       Statement of Compliance on the reverse side of Form HC-231-1.

       Please note that, while payroll information required to be entered on Form HC-231-1 is
       identical to data entered on payroll submissions on optional Form WH-347, shown as Exhibit
       107-03F, Form WH-347 may not be used on State projects.

       Project engineers should review the payrolls and statement of compliance for completeness
       and then "spot check" items such as: classification, hourly rate, authorized deduction, fringe
       benefits, overtime hours and rate, and net wages paid for compliance with contract
       requirements. It is not necessary to check every wage rate of every employee of the prime and
       each subcontractor during every weekly payroll period. The initial review of these forms
       should be for the purpose of processing payments to the contractor in accordance with the
       Highway Law and section 109-03 and 109-11 of this manual. If payrolls are submitted for
       the prime and every subcontractor that performed work during the estimate period, and the
       forms are complete and signed by an authorized



 April, 2000                                                                              Page 8
                                                                                         §107-03

                                           FEDERAL AID


          remain," along with off-site facilities that are "so located in proximity to the actual
          construction location that it would seem reasonable to include them."

          Effect. Prior to the Midway decision, determination on the applicability of Davis-Bacon to
          truck drivers was dependent upon the driver's employment status and the nature of the
          material supply source. However, in light of the Midway decision, this determination is now
          based solely on the location of the truck driver's job site.

5.        Statements and Payrolls

          Applicability:

          Applies to all Federal-aid highway construction projects, exceeding $2,000 and to all related
          subcontracts, except for projects located on roadways classified as local roads or rural
          minor collectors, which are exempted.

          Background:

          This section is prompted by the Copeland Act. Under the Copeland Act, workers are
          protected from paying "kickbacks" to employers for the "privilege" of being employed.

          Section V.1. The DOL regulations which implement the Copeland Act are incorporated by
          reference in the Form FHWA-1273.

          Section V.2. These regulations require that the contractor, and subcontractors, furnish
          weekly certified payroll statements to the SHA. The weekly payroll statement is to include
          information on employees and wages in order that compliance with the Davis-Bacon
          requirement of Section IV can be verified. Optional Form WH-347, shown as Exhibit 107-03
          F, or Form HC 231-1, shown as Exhibit 102-10 E, may be used for this purpose.

          Truck Drivers. Any truck driver performing on-site work must appear on a certified payroll
          in order to document that prevailing wages have been paid where required. Owner operators
          do not have to receive prevailing wages but must appear on a payroll with the notation
          "owner-operator" in place of the wage entries.




     April, 2000                                                                           Page 11
Exhibit 102-10E
    1 of 2
Exhibit 102-10E
    2 of 2
Exhibit 102-10F
                     NEW YORK STATE DEPARTMENT OF TRANSPORTATION
                           CONTRACT ADMINISTRATION MANUAL

                                                                   APPENDIX C
                        LIST OF EXHIBITS - SORTED BY CAM SECTION




                           FORM COMPLETED FORM
    EXHIBIT   FORM         DATE      BY   OWNER                 TITLE
1   90 A    MURK-2b       3/96  ENG       CD    ENGINEER'S DAILY PROJECT DIARY
2   90 B                        ENG       CD    ENGINEERING FORCES SIGNATURE
                                                SHEET
3   90 C     MURK-1d      4/87  INSP      CD    INSPECTOR'S DAILY REPORT
4   90 D     MURK-14b     3/79  ENG       CD    MATERIAL ACCEPTANCE RECORD
5   102-09 A                    ENG       CD    UTILITY POLE RELOCATION TABLE
6   102-10 A PW 30        5/93  CONT      DOL   APPLICATION FOR DISPENSATION FOR
                                                HOURS
7   102-10 B PW 31        6/90  POSTER    DOL   NOTICE OF DETERMINATION
                                                DISPENSATION
8   102-10 C AC 2947      3/89  CONT      COMP  PRIME CONTRACTOR'S CERTIFICATION
                                                - NYS LABOR LAW, SECTION 220-a
9   102-10 D AC 2948      3/89  SUBCONT   COMP  SUBCONTRACTOR'S CERTIFICATION -
                                                NYS LABOR LAW, SECTION 220-a
10 102-10 E HC 231-1      4/00  CONT      CD    CONTRACTORS PAYROLL STATEMENT
11 102-10 F HC 231-2      4/00  CONT      CD    INSTRUCTIONS FOR COMPLETING
                                                PAYROLL FORM, HC-231-1
12 102-10 G                     POSTER    DOL   THIS IS A PUBLIC WORK PROJECT
                                                POSTER
13 102-10 H                     CARD      DOL   BUREAU OF PUBLIC WORK PALM CARD
14 102-10 I                     CONT      DOL   PUBLIC WORK PROJECT SIGNATURE
                                                SHEET
15 102-10 J                     ENG       CD    WAGE RATE INTERVIEW FORM
16 102-10 K PW 28         10/93 DOL       DOL   NOTICE OF LABOR LAW INSPECTION
                                                FINDINGS
17 103-01 A CONR 349c     5/93  CMB       CMB   NOTIFICATION OF CONTRACT AWARD
                                                AND NEED FOR INSURANCE
18 103-01 B CONR 350c     5/93  CMB       CMB   NOTIFICATION OF CONTRACT AWARD
19 104-03 A                               CD    REGIONAL AUTHORIZATION OF
                                                ADDITIONAL WORK




April 2000                                                               Page 1
                    NEW YORK STATE DEPARTMENT OF TRANSPORTATION
                          CONTRACT ADMINISTRATION MANUAL

                                                                  APPENDIX D
                        LIST OF EXHIBITS - SORTED BY FORM NAME


                        FORM   COMPLETED    FORM
EXHIBIT     FORM        DATE      BY       OWNER                  TITLE
109-05 E FLOWCHART                           CD  GUIDELINES FOR SIGNIFICANT CHANGE
                                                 IN QUANTITIES OF WORK ITEMS
102-10 E HC 231-1      4/00      CONT        CD  CONTRACTORS PAYROLL STATEMENT
102-10 F HC 231-2      4/00      CONT        CD  INSTRUCTIONS FOR COMPLETING
                                                 PAYROLL FORM, HC-231-1
107-14 C HC 91b        11/78   P. OWNER      CD  PERMISSION TO PLAN TREES AND
                                                 SHRUBS
107-14 B HC 199        8/73    P. OWNER      CD  REQUEST FOR REESTABLISHMENT OF
                                                 APPROACHES TO PRIVATE LANDS
                                                 (SECTION 54-A, HIGHWAY LAW)
108-04 A HC 250b       10/84     CONT        CD  APPLICATION FOR EXTENSION OF
                                                 COMPLETION DATE
109-03 C HC 258        11/92     CONT        CD  AFFIDAVIT OF PAYMENT TO
                                                 SUBCONTRACTORS
109-11 C HC 193a       3/96       ENG        CD  CERTIFICATION OF MATERIALS AND
                                                 RECORD SAMPLES
109-05 I   MURK-11a    3/79      CONT        CD  DAILY FORCE ACCOUNT
109-05 J   MURK-12c    3/79      CONT        CD  FORCE ACCOUNT SUMMARY OF LABOR
109-05 L   MURK-13d    9/81      CONT        CD  FORCE ACCOUNT SUMMATION (FINAL)
90 D       MURK-14b    3/79       ENG        CD  MATERIAL ACCEPTANCE RECORD
109-05 K   MURK-17     9/81       ENG        CD  FORCE ACCOUNT SUMMARY OF
                                                 EQUIPMENT
90 C     MURK-1d       4/87       INSP       CD  INSPECTOR'S DAILY REPORT
105-09 A MURK-1RR      11/78      INSP       CD  INSPECTOR'S DAILY REPORT, RAILROAD
                                                 FORCE ACCOUNT
90 A     MURK-2b       3/96       ENG        CD  ENGINEER'S DAILY PROJECT DIARY
109-09 A NYS 1446 CA            RD / RCE     CD  FINAL INSPECTION OF FA PROJECT - CA
         /SFA                                    OR 23USC, SECTION 106(B)(2)
102-10 K PW 28         10/93      DOL        DOL NOTICE OF LABOR LAW INSPECTION
                                                 FINDINGS
102-10 B PW 31         6/90     POSTER       DOL NOTICE OF DETERMINATION
                                                 DISPENSATION
102-10 A PW 30         5/93      CONT        DOL APPLICATION FOR DISPENSATION FOR
                                                 HOURS
109-09 B R 45c         3/96     RD / RCE     CD  NOTICE OF FINAL INSPECTION /
                                                 RECOMMENDATION OF CONTRACT
                                                 ACCEPTANCE




April 2000                                                                      Page 2
                    NEW YORK STATE DEPARTMENT OF TRANSPORTATION
                          CONTRACT ADMINISTRATION MANUAL

                                                                APPENDIX E
                     LIST OF EXHIBITS - SORTED BY WHO COMPLETES


                        FORM   COMPLETED    FORM
EXHIBIT     FORM        DATE       BY      OWNER                  TITLE
102-10 H                         CARD        DOL BUREAU OF PUBLIC WORK PALM CARD
109-09 C                           CD        CD  ACCEPTANCE LETTER
103-01 B CONR 350c     5/93       CMB       CMB  NOTIFICATION OF CONTRACT AWARD
103-01 A CONR 349c     5/93       CMB       CMB  NOTIFICATION OF CONTRACT AWARD
                                                 AND NEED FOR INSURANCE
102-10 A PW 30         5/93      CONT       DOL  APPLICATION FOR DISPENSATION FOR
                                                 HOURS
102-10 E HC 231-1      4/00      CONT        CD  CONTRACTORS PAYROLL STATEMENT
102-10 I                         CONT       DOL  PUBLIC WORK PROJECT SIGNATURE
                                                 SHEET
102-10 C AC 2947       3/89      CONT      COMP PRIME CONTRACTOR'S CERTIFICATION -
                                                 NYS LABOR LAW, SECTION 220-a
102-10 F HC 231-2      4/00      CONT        CD  INSTRUCTIONS FOR COMPLETING
                                                 PAYROLL FORM, HC-231-1
107-03 G FHWA 47       6/90      CONT      FHWA STATEMENT OF MATERIALS AND LABOR
                                                 USED ... INVOLVING FEDERAL FUNDS
107-03 B FHWA 1391     3/92      CONT      FHWA CONTRACTOR'S ANNUAL EEO REPORT
107-03 C SF 1444       10/87     CONT      USDOL REQUEST FOR AUTHORIZATION OF
                                                 ADDITIONAL CLASSIFICATION AND
                                                 RATE
107-03 F WH 347                  CONT      USDOL PAYROLL FORM
107-06 A C 218m        8/92      CONT       CMB CERTIFICATE OF INSURANCE
107-09 A                         CONT        CD  ASSIGNMENT OF PROPERTY DAMAGE
                                                 CLAIM
108-04 A HC 250b       10/84     CONT        CD  APPLICATION FOR EXTENSION OF
                                                 COMPLETION DATE
109-03 C HC 258        11/92     CONT        CD  AFFIDAVIT OF PAYMENT TO
                                                 SUBCONTRACTORS
109-04 B                         CONT        CD  CERTIFICATION OF TITLE TO STORED
                                                 MATERIALS
109-04 A                       CONT/REG      CD  REQUEST FOR PARTIAL PAYMENT OF
                                                 STORED MATERIALS
109-05 L MURK-13d      9/81      CONT        CD  FORCE ACCOUNT SUMMATION (FINAL)




April 2000                                                                    Page 1

								
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