Courthouse Square Agreements (compiled notebook)

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Davis-Bacon Act (1) Minimum wages -(i) All laborers and mechanics employed or working upon the ~ (or under the Untted States Housing Act of 1937 or under the Housing Act ~ construction or development of the project), will be paid unconditionally and not less a week, and without subsequent deduction or rebate on any account (except such pa; as are permitted by regulations issued by the Secretary of Labor under the Copelan part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents time of payment computed at rates not less than those contained in the wage deter Secretary of Labor which is attached hereto and made a part hereof, regardless of relationship which may be alleged to exist between the Contractor and such laborers a Contributions made or costs reasonably anticipated for bona fide fringe benefit; 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wa laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this sectic contributions made or costs incurred for more than a weekly period (but not quarterly) under plans, funds, or programs which cover the particular weekly period be constructively made or incurred during such weekly period. Such laborers and me paid the appropriate wage rate and fringe benefits on the wage determination for the work actually performed, without regard to skill, except as provided in 29 CFR Laborers or mechanics performing work in more than one classification may be con rate specified for each classification for the time actually worked therein: Pro~ employer's payroll records accurately set forth the time spent in each classification i~ performed. The wage determination and the Davis-Bacon poster (WH-1321) shall times by the Contractor and its subcontractors at the site of the work in a prominen place where it can be easily seen by the workers. (ii) Whenever the minimum wage rate prescribed in the contract for a class of la includes a fringe benefit which is not expressed as an hourly rate, the Contractor ~ benefit as stated in the wage determination or shall pay another bona fide fringe 1 cash equivalent thereof. ;ite of the work ~f 1949 in the ~ften than once ~roll deductions d Act (29 CFR thereo~ due at nination of the ~ny contractual id mechanics. under section es paid to such i; also, regular ~ss often than are deemed to hanics shall be lassification of Part 5.5(a)(4). pensated at the ided, That the which work is e posted at all and accessible or mechanics either pay the t or an hourly (iii) If the Contractor does not make payments to a trustee or other third person, the ontractor may consider as part of the wages of any laborer or mechanic the amount of any c sts reasonably anticipated in providing bona fide fringe benefits under a plan or program, Pro ided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may requir the Contractor to set aside in a separate account assets for the meeting of obligations under the plan r program. (iv)(A) The contracting officer shall require that any class of laborers or mechanics w ich is not listed in the wage determination and which is to be employed under the contract shall e classified in conformance with the wage determination. The contracting officer shall approv an additional classification and wage rate and fringe benefits therefor only when the following cr~teria have been met: (1) The work to be performed by the classification requested is not performed by a~lassification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a to the wage rates contained in the wage determination. relationship Addendum, FTA Contract Requirements Page - 14 ~' 0718970102