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construction or development of the project), will be paid unconditionally and not less often than once <br />a week, and without subsequent deduction or rebate on any account (except such payroll deductions <br />as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR <br />part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereo~ due at <br />time of payment computed at rates not less than those contained in the wage determination of the <br />Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual <br />relationship which may be alleged to exist between the Contractor and such laborers and mechanics. <br />Contributions made or costs reasonably anticipated for bona fide fringe benefits under section <br />1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such <br />laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular <br />contributions made or costs incurred for more than a weekly period (but not less often than <br />quarterly) under plans, funds, or programs which cover the paRiculaz weekly period, are deemed to <br />be constructively made or incuned durmg such weekly period. Such laborers and mechanics shall be <br />paid the appropnate wage rate and fringe benefits on the wage determination for the classification of <br />work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). <br />Laborers or mechanics performing work in more than one classification may be compensated at the <br />rate specified for each classification for the time actually worked therem: Provided, That the <br />employer's payroll records accurately set forth the time spent m each classification in which work is <br />performed. The wage determination and the Davis-Bacon poster (WH-1321) shall be posted at all <br />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 />(ii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics <br />includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the <br />benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly <br />cash equivalent thereof. <br />(iii) If the Contractor does not make payments to a trustee or other third person, the Contractor may <br />consider as part of the wages of any laborer or mechanic the amount of any costs reasonably <br />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 <br />standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor <br />to set aside in a separate account assets for the meeting of obligations under the plan or program. <br />(iv)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed <br />in the wage determination and which is to be employed under the contract shall be classified in <br />conformance with the wage determination. The contracting officer shall approve an additional <br />classification and wage rate and fringe benefits therefor only when the following criteria have been <br />met: <br />(1) The work to be performed by the classification requested is not performed by a classification in <br />the wage determination; and <br />(2) The classification is utilized in the area by the construction industry; and <br />(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship <br />to the wage rates contained in the wage determination. <br />(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known)> <br />or their representatives, and the contracting officer agree on the classification and wage rate <br />(including the amount designated for fringe benefits where appropriate), a report of the action taken <br />shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, <br />Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized <br />Addendum, FTA Contract Requirements <br />Page - 14 <br />0318971157 <br />