|
City # 15-6830
<br />FED # HSIPL 5063(154)
<br />Local Assistance Procedures Manual Exhibit 12-G
<br />Required Federal -aid Contract Language
<br />Contributions made or costs reasonably anticipated for bona fide
<br />fringe benefits under section 1(b)(2) of the Davis -Bacon Act on
<br />behalf of laborers or mechanics are considered wages paid to such
<br />laborers or mechanics, subject to the provisions of paragraph 1.d. of
<br />this section; also, regular contributions made or costs incurred for
<br />more than a weekly period (but not less often than quarterly) under
<br />plans, funds, or programs which cover the particular weekly period,
<br />are deemed to be constructively made or incurred during such
<br />weekly period. Such laborers and mechanics shall be paid the
<br />appropriate wage rate and fringe benefits on the wage determination
<br />for the classification of work actually performed, without regard to
<br />skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics
<br />performing work in more than one classification may be
<br />compensated at the rate specified for each classification for the time
<br />actually worked therein: Provided, That the employer's payroll
<br />records accurately set forth the time spent in each classification in
<br />which work is performed. The wage determination (including any
<br />additional classification and wage rates conformed under paragraph
<br />1.b. of this section) and the Davis -Bacon poster (WH -1321) shall be
<br />posted at all times by the contractor and its subcontractors at the
<br />site of the work in a prominent and accessible place where it can be
<br />easily seen by the workers.
<br />b. (1) The contracting officer shall require that any class of
<br />laborers or mechanics, including helpers, which is not listed in the
<br />wage determination and which is to be employed under the contract
<br />shall be classified in conformance with the wage determination. The
<br />contracting officer shall approve an additional classification and
<br />wage rate and fringe benefits therefore only when the following
<br />criteria have been met:
<br />(i) The work to be performed by the classification requested is
<br />not performed by a classification in the wage determination; and
<br />(ii) The classification is utilized in the area by the construction
<br />industry; and
<br />(iii) The proposed wage rate, including any bona fide fringe
<br />benefits, bears a reasonable relationship to the wage rates
<br />contained in the wage determination.
<br />(2) If the contractor and the laborers and mechanics to be
<br />employed in the classification (if known), or their representatives,
<br />and the contracting officer agree on the classification and wage
<br />rate (including the amount designated forfringe benefits where
<br />appropriate), a report of the action taken shall be sent by the
<br />contracting officer to the Administrator of the Wage and Hour
<br />Division, Employment Standards Administration, U.S. Department
<br />of Labor, Washington, DC 20210. The Administrator, or an
<br />authorized representative, will approve, modify, or disapprove
<br />every additional classification action within 30 days of receipt and
<br />so advise the contracting officer or will notify the contracting officer
<br />within the 30 -day period that additional time is necessary.
<br />(3) In the event the contractor, the laborers or mechanics to be
<br />employed in the classification or their representatives, and the
<br />contracting officer do not agree on the proposed classification and
<br />wage rate (including the amount designated for fringe benefits,
<br />where appropriate), the contracting officer shall refer the
<br />questions, including the views of all interested parties and the
<br />recommendation of the contracting officer, to the Wage and Hour
<br />Administrator for determination. The Wage and Hour
<br />Administrator, or an authorized representative, will issue a
<br />determination within 30 days of receipt and so advise the
<br />contracting officer or will notify the contracting officerwithin the 30 -
<br />day period that additional time is necessary.
<br />(4) The wage rale (including fringe benefits where appropriate)
<br />determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this
<br />section, shall be paid to all workers performing work in the
<br />classification under this contract from the first day on which work
<br />is performed in the classification.
<br />c. Whenever the minimum wage rate prescribed in the contract for
<br />a class of laborers or mechanics includes a fringe benefit which is
<br />not expressed as an hourly rate, the contractor shall either pay the
<br />benefit as stated in the wage determination or shall pay another
<br />bona fide fringe benefit or an hourly cash equivalent thereof.
<br />J. If the contractor does not make payments to a trustee or other
<br />third person, the contractor may consider as part of the wages of
<br />any laborer or mechanic the amount of any costs reasonably
<br />anticipated in providing bona fide fringe benefits under a plan or
<br />program, Provided, That the Secretary of Labor has found, upon the
<br />written request of the contractor, that the applicable standards of the
<br />Davis -Bacon Act have been met. The Secretary of Labor may
<br />require the contractor to set aside in a separate account assets for
<br />the meeting of obligations under the plan or program.
<br />2. Withholding
<br />The contracting agency shall upon its own action or upon written
<br />request of an authorized representative of the Department of Labor,
<br />withhold or cause to be withheld from the contractor under this
<br />contract, or any other Federal contract with the same prime
<br />contractor, or any other federally -assisted contract subject to Davis -
<br />Bacon prevailing wage requirements, which is held by the same
<br />prime contractor, so much of the accrued payments or advances as
<br />may be considered necessary to pay laborers and mechanics,
<br />including apprentices, trainees, and helpers, employed by the
<br />contractor or any subcontractor the full amount of wages required by
<br />the contract. In the event of failure to pay any laborer or mechanic,
<br />including any apprentice, trainee, or helper, employed or working on
<br />the site of the work, all or part of the wages required by the contract,
<br />the contracting agency may, after written notice to the contractor,
<br />take such action as may be necessary to cause the suspension of
<br />any further payment, advance, or guarantee of funds until such
<br />violations have ceased.
<br />3. Payrolls and basic records
<br />a. Payrolls and basic records relating thereto shall be maintained
<br />by the contractor during the course of the work and preserved for a
<br />period of three years thereafter for all laborers and mechanics
<br />working at the site of the work. Such records shall contain the name,
<br />address, and social security number of each such worker, his or her
<br />correct classification, hourly rates of wages paid (including rales of
<br />contributions or costs anticipated for bona fide fringe benefits or
<br />cash equivalents thereof of the types described in section 1(b)(2)(B)
<br />of the Davis -Bacon Act), daily and weekly number of hours worked,
<br />deductions made and actual wages paid. Whenever the Secretary of
<br />Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any
<br />laborer or mechanic include the amount of any costs reasonably
<br />anticipated in providing benefits under a plan or program described
<br />in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall
<br />maintain records which show that the commitment to provide such
<br />benefits is enforceable, that the plan or program is financially
<br />responsible, and that the plan or program has been communicated
<br />in writing to the laborers or mechanics affected, and records which
<br />show the costs anticipated or the actual cost incurred in providing
<br />such benefits. Contractors employing apprentices or trainees under
<br />approved programs shall maintain written evidence of the
<br />registration of apprenticeship programs and certification of trainee
<br />programs, the registration of the apprentices and trainees, and the
<br />ratios and wage rates prescribed in the applicable programs.
<br />Page 11 of 22
<br />DLA -OB 13-06 August 12, 2013
<br />
|