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Minnesota Department of Transportation EEO Special Provisions
<br />Office of Civil Rights 07/12
<br />REQUIRED CONTRACT PROVISIONS (cont.)
<br />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
<br />be 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
<br />the wage determination and which is to be employed under the
<br />contract shall be classified in conformance with the wage
<br />determination. The contracting officer shall approve an additional
<br />classification and wage rate and fringe benefits therefore only
<br />when the following criteria have been met:
<br />(i) The work to be performed by the classification
<br />requested is not performed by a classification in the wage
<br />determination; and
<br />(ii) The classification is utilized in the area by the
<br />construction 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
<br />representatives, and the contracting officer agree on the
<br />classification and wage rate (including the amount designated
<br />for fringe benefits where appropriate), a report of the action
<br />taken shall be sent by the contracting officer to the
<br />Administrator of the Wage and Hour Division, Employment
<br />Standards Administration, U.S. Department of Labor,
<br />Washington, DC 20210. The Administrator, or an authorized
<br />representative, will approve, modify, or disapprove every
<br />additional classification action within 30 days ofreceipt and so
<br />advise the contracting officer or will notify the contracting
<br />officer within the 30-day period that additional time is
<br />necessary.
<br />(3) In the event the contractor, the laborers or mechanics to
<br />be employed in the classification or their representatives, and
<br />the contracting officer do not agree on the proposed
<br />classification and wage rate (including the amount designated
<br />for fringe benefits, where appropriate), the contracting officer
<br />shall refer the questions, including the views of all interested
<br />parties and the recommendation of the contracting officer, to
<br />the Wage and Hour Administrator for determination. The Wage
<br />and Hour Administrator, or an authorized representative, will
<br />issue a determination within 30 days ofreceipt and so advise
<br />the contracting officer or will notify the contracting officer
<br />within the 30-day period that additional time is necessary.
<br />(4) The wage rate (including fringe benefits where
<br />appropriate) determined pursuant to paragraphs 1.b.(2) or
<br />1.b.(3) of this section, shall be paid to all workers performing
<br />work in the classification under this contract from the first day
<br />on which work is performed in the classification.
<br />c. Whenever the minimum wage rate prescribed in the contract
<br />for a class of laborers or mechanics includes a fringe benefit
<br />which is not expressed as an hourly rate, the contractor shall
<br />either pay the benefit as stated in the wage determination or shall
<br />pay another bona fide fringe benefit or an hourly cash equivalent
<br />thereof.
<br />d. If the contractor does not make payments to a trustee or
<br />other third person, the contractor may consider as part of the
<br />wages of any laborer or mechanic the amount of any costs
<br />reasonably anticipated in providing bona fide fringe benefits
<br />under a plan or program, Provided, That the Secretary of Labor
<br />has found, upon the written request of the contractor, that the
<br />applicable standards of the Davis -Bacon Act have been met. The
<br />Secretary of Labor may require the contractor to set aside in a
<br />separate account assets for the meeting of obligations under the
<br />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
<br />Labor, withhold or cause to be withheld from the contractor
<br />under this contract, or any other Federal contract with the same
<br />prime contractor, or any other federally -assisted contract subject
<br />to Davis -Bacon prevailing wage requirements, which is held by
<br />the same prime contractor, so much of the accrued payments or
<br />advances as may be considered necessary to pay laborers and
<br />mechanics, including apprentices, trainees, and helpers,
<br />employed by the contractor or any subcontractor the full amount
<br />of wages required by the contract. In the event of failure to pay
<br />any laborer or mechanic, including any apprentice, trainee, or
<br />helper, employed or working on the site of the work, all or part of
<br />the wages required by the contract, the contracting agency may,
<br />after written notice to the contractor, take such action as may be
<br />necessary to cause the suspension of any further payment,
<br />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
<br />maintained by the contractor during the course of the work and
<br />preserved for a period of three years thereafter for all laborers and
<br />mechanics working at the site of the work. Such records shall
<br />contain the name, address, and social security number of each
<br />such worker, his or her correct classification, hourly rates of
<br />wages paid (including rates of contributions or costs anticipated
<br />for bona fide fringe benefits or cash equivalents thereof of the
<br />types described in section 1(b)(2)(B) of the Davis -Bacon Act),
<br />daily and weekly number of hours worked, deductions made and
<br />actual wages paid. Whenever the Secretary of Labor has found
<br />under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
<br />mechanic include the amount of any costs reasonably anticipated
<br />in providing benefits under a plan or program described in
<br />section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall
<br />maintain records which show that the commitment to provide
<br />such benefits is enforceable, that the plan or program is
<br />financially responsible, and that the plan or program has been
<br />communicated in writing to the laborers or mechanics affected,
<br />and records which show the costs anticipated or the actual cost
<br />incurred in providing such benefits. Contractors employing
<br />apprentices or trainees under approved programs shall maintain
<br />EEO Page 31
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