Form PW-5 "Missouri Public Works Projects - Public Body Check-Off List" - Missouri

What Is Form PW-5?

This is a legal form that was released by the Missouri Department of Labor and Industrial Relations - a government authority operating within Missouri. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on August 1, 2018;
  • The latest edition provided by the Missouri Department of Labor and Industrial Relations;
  • Easy to use and ready to print;
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  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a printable version of Form PW-5 by clicking the link below or browse more documents and templates provided by the Missouri Department of Labor and Industrial Relations.

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Download Form PW-5 "Missouri Public Works Projects - Public Body Check-Off List" - Missouri

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MISSOURI DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
MISSOURI PUBLIC WORKS PROJECTS
PUBLIC BODY CHECK-OFF LIST
The Division of Labor Standards (DLS) is providing this check-off list to assist public entities in being compliant with
Missouri’s labor laws applicable to public construction projects. The Prevailing Wage Law requires that not less than the
prevailing hourly rate of wages be paid to workers on all construction projects over $75,000 total that are for the public
use or benefit or that use public funds. Failure to comply with the Prevailing Wage Law may constitute a misdemeanor for
the employer and for the public official that does not fulfill the responsibilities it imposes. The Construction Safety
Training Act mandates that all employees working on the site of public works construction projects must have received
safety training.
I
Before Contract Is Let
Before the contract is let, you must submit a Request for Wage Determination form (PW-3) to the DLS to obtain
the annual wage order from their website
www.labor.mo.gov/DLS/PrevailingWage
(Sections
290.250
and
290.325, RSMo).
Attach the wage order obtained from DLS, and make it a part of, the specifications for the work to be performed
under the contract (Section
290.250
and 290.325, RSMo).
Create a contract which incorporates the following:
Insert a statement such as: “Not less than the prevailing hourly rate of wages, as set out in the wage order
attached to and made part of the specification for work under the contract, shall be paid to all workers
performing work under the contract.” (Section 290.250, RSMo).
Insert a statement such as: “The contractor will forfeit a penalty to the contracting public body of $100 per
day (or portion of a day) for each worker that is paid less than the prevailing rate for any work done under
the contract by the contractor or by any subcontractor.” (Section 290.250, RSMo). For detailed information
on rules and occupational titles, see
8 CSR 30-3.010
through 3.060.
Insert a statement such as: “The contractor and all subcontractors to the contract must require all on-site
employees to complete the ten-hour construction safety training program required under Section 292.675,
RSMo, unless they have previously completed the program and have documentation of having done so.”
Insert a statement such as: “The contractor will forfeit a penalty to the contracting public body of $2500 plus
an additional $100 for each employee employed by the contractor or subcontractor, for each calendar day, or
portion thereof, such employee is employed without the required training.” (Section 292.675, RSMo).
Before any work begins, you must send a Prevailing Wage Project Notification – Contractor Information
Notification form (PW-2) to the DLS. Send it when the contract is awarded to ensure the DLS receives it timely
(Section 290.262.9, RSMo, and
8 CSR
30-3.010[3]).
Verify if a wage subsidy, bid supplement, or rebate was provided, and if so, if it was provided lawfully. The
amount and date of such subsidy, supplement or rebate must be reported to the public body within 30 days of
receipt of payment (Section 290.095, RSMo).
PW-5 (08-18) AI
MISSOURI DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
MISSOURI PUBLIC WORKS PROJECTS
PUBLIC BODY CHECK-OFF LIST
The Division of Labor Standards (DLS) is providing this check-off list to assist public entities in being compliant with
Missouri’s labor laws applicable to public construction projects. The Prevailing Wage Law requires that not less than the
prevailing hourly rate of wages be paid to workers on all construction projects over $75,000 total that are for the public
use or benefit or that use public funds. Failure to comply with the Prevailing Wage Law may constitute a misdemeanor for
the employer and for the public official that does not fulfill the responsibilities it imposes. The Construction Safety
Training Act mandates that all employees working on the site of public works construction projects must have received
safety training.
I
Before Contract Is Let
Before the contract is let, you must submit a Request for Wage Determination form (PW-3) to the DLS to obtain
the annual wage order from their website
www.labor.mo.gov/DLS/PrevailingWage
(Sections
290.250
and
290.325, RSMo).
Attach the wage order obtained from DLS, and make it a part of, the specifications for the work to be performed
under the contract (Section
290.250
and 290.325, RSMo).
Create a contract which incorporates the following:
Insert a statement such as: “Not less than the prevailing hourly rate of wages, as set out in the wage order
attached to and made part of the specification for work under the contract, shall be paid to all workers
performing work under the contract.” (Section 290.250, RSMo).
Insert a statement such as: “The contractor will forfeit a penalty to the contracting public body of $100 per
day (or portion of a day) for each worker that is paid less than the prevailing rate for any work done under
the contract by the contractor or by any subcontractor.” (Section 290.250, RSMo). For detailed information
on rules and occupational titles, see
8 CSR 30-3.010
through 3.060.
Insert a statement such as: “The contractor and all subcontractors to the contract must require all on-site
employees to complete the ten-hour construction safety training program required under Section 292.675,
RSMo, unless they have previously completed the program and have documentation of having done so.”
Insert a statement such as: “The contractor will forfeit a penalty to the contracting public body of $2500 plus
an additional $100 for each employee employed by the contractor or subcontractor, for each calendar day, or
portion thereof, such employee is employed without the required training.” (Section 292.675, RSMo).
Before any work begins, you must send a Prevailing Wage Project Notification – Contractor Information
Notification form (PW-2) to the DLS. Send it when the contract is awarded to ensure the DLS receives it timely
(Section 290.262.9, RSMo, and
8 CSR
30-3.010[3]).
Verify if a wage subsidy, bid supplement, or rebate was provided, and if so, if it was provided lawfully. The
amount and date of such subsidy, supplement or rebate must be reported to the public body within 30 days of
receipt of payment (Section 290.095, RSMo).
PW-5 (08-18) AI
II
While Contract Is Being Performed
Review records of wages paid to all workers employed on the contract to assure workers are paid properly
(Section 290.290, RSMo). Records must be kept within the state by the contractor and each subcontractor for a
period of one year following completion of the public works project. DLS provides a Contractor Payroll Records
form (LS-57) for contractors and subcontractors to use to assure provision of the payroll information required
(8 CSR
30-3.010[7]).
If you are aware of any possible prevailing wage violation, you must report it to the DLS using the Prevailing
Wage Complaint form (PW-6). A public body cannot make final payment until full compliance with the law has
been achieved.
A legible list of all prevailing wage rates must remain posted in a prominent and easily accessible place at
the worksite by each contractor and subcontractor on the project. Require the notice to be posted during the
entire time that any worker is employed on the job (Section 290.265, RSMo).
III
Before Contract Is Fully Paid
Before final payment can be made, the general contractor and all subcontractors must file an Affidavit of
Compliance form (PW-4) with the contracting public body. The affidavit must state the party has fully complied
with the Missouri Prevailing Wage Law, and the public body must verify that the correct wages were paid. No
payment can be legally made by the public body to the contractor(s) until the affidavit is filed in proper form and
order with the public body (Section
290.290
and 290.325, RSMo).
It shall be the duty of such public body awarding the contract, and its agents and officers, to take cognizance of all
complaints of all violations of the provisions of section 290.210 to 290.340 committed in the course of the
execution of the contract, and, when making payments to the contractor becoming due under the contract, to
withhold and retain therefrom all sums and amounts due and owing as a result of any violation of section 290.210
to 290.340 (Section 290.250.1, RSMo).
Failure to comply with the requirements of the Prevailing Wage Law can result in civil action, including an injunction
stopping work on a project, and in criminal fines of up to $500 and up to six months imprisonment for each day there is a
violation.
Missouri Department of Labor and Industrial Relations
Division of Labor Standards
Prevailing Wage Section
P.O. Box 449
Jefferson City, MO 65102-0449
Phone: 573-751-3403
Fax: 573-751-3721
Email:
prevailingwage@labor.mo.gov
Website:
www.labor.mo.gov/DLS/prevailingwage/
Missouri Department of Labor and Industrial Relations is an equal opportunity employer/program.
TDD/TTY: 800-735-2966 Relay Missouri: 711
PW-5-2 (08-18) AI
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