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DocuSign Envelope ID:78958EB7-5B02-4CA0-8EAF-F3E892A7B33B
<br /> attached hereto and made a pan hereof,regardless of any contractual rel aliens hip which may be alleged to exist between the contractor and
<br /> such laborers and mcchanics.
<br /> Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-Bacon Act on behalf of
<br /> laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of paragraph l.d.of this section;
<br /> also,regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly) under plans, funds,
<br /> or programs which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period.Stich
<br /> laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work
<br /> actually performed,without regard to skill,except as provided in 29 CFR 5.5(a)(4).Laborers or mechanics performing work in more than one
<br /> classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided,That the
<br /> employer's payroll records accurately set forth the time spent in each classification in which work is performed.The wage determination
<br /> (including any additional classification and wage rates conformed undcr paragraph Lb.ofthis section)and the Davis-Bacon
<br /> poster(WH-1321)shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible
<br /> place where it can be easily seen by the workers.
<br /> b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage
<br /> determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The
<br /> contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria
<br /> have been met:
<br /> (i) The work to be performed by the classification requested is not performed by a classification in the wage determination;and
<br /> (ii) The classification is utilized in the area by the construction industry;and
<br /> (iii)The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the
<br /> wage determination-
<br /> (2) if the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the
<br /> contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate),
<br /> a report of the action taken shaft be sent by the contracting off cer to the Administrator of the Wage and Hour Division,Employment
<br /> Standards Administration,U.S.Department of Labor,Washington,DC 20210.The Administrator,or an authorized representative,will
<br /> approve,modify,or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or
<br /> will notify the contracting officer within the 30-day period that additional lime is necessary.
<br /> (3) in the event the contractor,the laborers or mechanics to be employed in the classification or their representatives,and the contracting
<br /> officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where
<br /> appropriate),the contracting officer shall refer the questions,including the views of all interested parties and the recommendation of die
<br /> contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized
<br /> representative,will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting
<br /> officer within the 30-day period that additional time is necessary.
<br /> (4) The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs I.b.(2)or I.b.(3)of this section,shall be
<br /> paid to all workers performing work in the classification under this contract from the first day on which work is performed in the
<br /> classification.
<br /> c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not
<br /> expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe
<br /> benefit or an hourly cash equivalent thereof.
<br /> d If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the wages of any laborer or
<br /> mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,Provided,That the
<br /> Secretary of Labor has found,upon the written request of the contractor,that the applicable standards of the Davis-Bacon Act have been met.
<br /> The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or
<br /> program.
<br /> 2. Withholding.Tire contracting agency shall upon its own action or upon written request of an authorized representative of the Department of
<br /> Labor,withhold or cause to be withheld from the contractor under this contract,or any other Federal contract with the same prime contractor,or
<br /> any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor,so much
<br /> ofthe accrued payments or advances as may be considered necessary to pay laborers and mechanics,including apprentices,trainees,and helpers,
<br /> employed by the contractor or any subcontractor the frill amount of wages required by the contract. In the event of failure to pay any laborer or
<br /> mechanic,including any apprentice,trainee,or helper,employed or working on the site of the work,all or pan of the wages required by the
<br /> contract,the contracting agency may,after written notice to the contractor,take such action as may be necessary to cause the suspension of any
<br /> further payment,advance,or guarantee of funds until such violations have ceased.
<br /> 3. Payrolls and basic records
<br /> a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved far a period of
<br /> three years thereafter for all laborers and mechanics working at the site of the work.Such records shall contain the name,address,and social
<br /> security number of each such worker,his or her correct classification,hourly rates of wages paid(including rates of contributions or costs
<br /> anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section I(b)(2)(S)of the Davis-Bacon Act),daily
<br /> and weekly number of hours worked,deductions made and actual wages paid.Whenever the Secretary of Labor has found under
<br /> 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits
<br /> under a plan or program described in section I(b)(2)(B)of rite Davis-Bacon Act,the contractor shall maintain records which show that the
<br /> commitment to provide such benefits is enforceable,that the plan or program is financially responsible,and that the plan or programs has been
<br /> communicated in writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual cost incurred in
<br /> providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the
<br /> registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and mainees,and the ratios
<br /> and wage rates prescribed in the applicable programs.
<br /> b,(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting
<br /> agency.The payrolls submitted shall set cut accurately and completely all of the information required to be maintained under
<br /> 29 CFR 5.5(a)(3)(i),except that full social security numbers and home addresses shall not be included on weekly transmittals.Inslead the
<br /> payrolls shall only need to include an individually identifying number for each employee(e.g. ,the last four digits of the employee's
<br /> social security number).The required weekly payroll information may be submitted in any form desired.Optional Form WH-347 is
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