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appropriate wage rate and fiinge benefits on the wage determination for the classification of work actually performed, without
<br />regard to skill, except as provided in paragraphs 4 and 5 of taus Section IV.
<br />b. Laborers or mechanics perfomring work in more than one classification may be compensated at the rate specified for each
<br />classification for the time actrally worked therein, provided, that the employer's payroll records accurately sct forth the time
<br />sperm in each classification in which work is performed
<br />c. All rulings and interpretations of the Davis Bacon Act and related ads ~ntained in 29 CFR 1, 3, and 5 are herein incorporated
<br />by reference in this contract
<br />Classi5cation:
<br />a. The SHA contracting office shall require that any class of laborers or mtechanics employed ands the contract, which is not
<br />listed is the wage determination; shall be classified in conformance with the wage determination.
<br />b. The contracting officer shall approve an additional classificatioq wage rate and fringe benelrts only when the following criteria
<br />Have been met-
<br />1. the work to be performed by the additional classification requested is not performed by a classification in the wage
<br />determinatioq
<br />2. the additional classification is utilized in the area by the construction industry;
<br />3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates
<br />contained is the wage determination; and
<br />4. with respect to helpers, when salt a dassification prevails is the area in which the work is performed
<br />c. If the contractor or subcontractors, as appropriate, ibe laborers and mechanic (if known) w be employed in the additional
<br />classification or their representatives, and the contracting officer agree on the classification and wage rate (including the
<br />amount designated for fringe benefits where appropriated a report oftbe action taken shall be sent by the co~racting offices to
<br />the DOL, Adurinistratar of the Wage and Hnur Divisioq Bmploymect Standards Ad~++;++;~fioq Washingtoq D.C. 20210.
<br />The Wage and Hour Adminishator, or an authorized representative, will approve, modify, or disapprove every additional
<br />classification action within 30 days of receipt sad so advise the contracting officer or will notify the cortracting officer within
<br />the 30~ay period that additional three is necessary.
<br />d In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional
<br />classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate
<br />(including the amount designated for fringe benefits, where appropriate), the contratting office shall refs the questions,
<br />including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour
<br />Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days
<br />of receipt and so advise the contracting office or will notify the contracting office within the 30-day perod that additional
<br />time is necessary
<br />e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Suction N shall
<br />be paid to all workers performing work in the additional classification from the first day on which vwork is performed in the
<br />classification.
<br />Payment of Fringe Benefits:
<br />a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit
<br />which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in
<br />the wage determination or shall pay anotber bona 5de fringe benefit or an hourly case equivalent thereof
<br />b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other thad persoq heJshe may
<br />consider as a part of the wages of any labors a mechanic the amount of any costs reasonably anticipated in providing bona
<br />fide fringe benefits under a plan a program, provided, that the Secretary of Labor has found, upon the written request of the
<br />contractor, that the applicable standards of the Davis Bacon Ad have been met The Serretary of Labor may require the
<br />contractor to set aside in a separate account assets for the meeting of obligations, ands the plan or program.
<br />Apprentices and 7Yamees (Programs of II.S. DOL) and Helpers:
<br />a. Apprentices:
<br />1. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they
<br />are employed pursuant to and individually registered in a bona 5de apprenflceship program registered with the
<br />DOL, Employment and Training Administratioq Bureau of Apprenticeship and Training, or with a State
<br />appranticeship agency recognized by the Bureau, or if a person is employed in blather first 90 days of probationary
<br />employment as an apprentice in such an apprenticeship program, who is not individually registered in the program,
<br />but who has been certified by the Bureau of Apprecticeship and Training or a State apprenticeship agency (where.
<br />appropriate) to be eligible for probationary employment as an apprernice.
<br />2. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not
<br />be greats than the ratio permitted to the contractor as to the entire work force ands the registered program. Arry
<br />employee listed on a payroll at an apprentice wage rate, who is not registered er otherwise employed as stated
<br />above, shall be paid not less than the applicable wage rate listed in the wage drrP,+.~;rption for the classification of
<br />work actually performed In additioq a~ apprentice performing work on the job site in excess of the ratio
<br />permitted under the registered program shall be paid not less than the applicable wage rate on the wa„'e
<br />determination for the work actually performed Where a contractor er subcontractor is performing construction on
<br />a projert is a locality other than that in which its program is registered, the ratios and wage rates (expressed in
<br />percentages of the journeyman-level hourly rate) specified in the contractoz's or subcontractots registered program
<br />shall be observed
<br />3. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level
<br />of progress, expressed as a percentage of the journeyman-level hourly rnte specified is the applicable wage
<br />determ;~A++on. Apprentices shall be paid fringe benefits in acxordance with the provisions of the apprenticeship
<br />program. Tf the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount
<br />of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the
<br />Wage and Hour Division determines that a different practice prevails for the applicable apprentice classificatioq
<br />binges shall be paid in accordance with that determination.
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