▇▇▇▇▇-▇▇▇▇▇ AND RELATED ACT PROVISIONS. This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, ofa public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge ofany contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in .§____i_l, the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. I. Minimum wages (29 CFR 5.5) (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are pennitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR paii 3)), the full amount ofwages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage dete1mination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the ▇▇▇▇▇ ▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (l)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage detennination for the classification of work actually perfonned, without regard to skill, except as provided in§ 5.5(a)(4). Laborers or mechanics perfonning work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set fotih the time spent in each classification in which work is perfonned. The wage dete1111ination (including any additional classification and wage rates conformed under paragraph ill.ili} of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage detennination and which is to be employed under the contract shall be classified in confonnance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following crite1ia have been met: (I) The work to be perfonned by the classification requested is not perfonned by a classification in the wage detennination; and
Appears in 1 contract
Sources: Contract for Safety Supplies
▇▇▇▇▇-▇▇▇▇▇ AND RELATED ACT PROVISIONS. This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, ofa public building or public work, or building or work financed in whole or in part pati from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge ofany of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in .§____i_l_§___D, the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.
I. Minimum wages (29 CFR 5.5)
(i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are pennitted permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR paii part 3)), the full amount ofwages of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment ofpayment computed at rates not less than those contained in the wage dete1mination determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe fiinge benefits under section 1(b)(2) of the ▇▇▇▇▇ ▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (l)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the EXHIBIT D - FEDERALLY REQUIRED CONTRACT CLAUSES 23-724 appropriate wage rate and fringe benefits on the wage detennination for the classification of work actually perfonned, without regard to skill, except as provided in§ 5.5(a)(4). Laborers or mechanics perfonning work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set fotih forth the time spent in each classification in which work is perfonned. The wage dete1111ination detennination (including any additional classification and wage rates conformed confonned under paragraph ill.ili} Ll.}__(_ill of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage detennination and which is to be employed under the contract shall be classified in confonnance with the wage determinationdetennination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following crite1ia have been met:
(I) The work to be perfonned by the classification requested is not perfonned by a classification in the wage detennination; and
Appears in 1 contract
Sources: Contract for Safety Supplies