FLOOD04268

• County: Arapahoe
• Stream Name: South Platte
• Basin: South Platte
• Title: Union Avenue Boat Drop - Project Proposals, Contract Info & Billing Invoices - Part 2
• Date: 1/1/1983
• Prepared For: CWCB
• Prepared By: CWCB
• Floodplain - Doc Type: Contract

at tillle of payment computed at wage rates not less than the aggregate of the
basic hourly rates and the rates of payments. contributions. or costs for any
fringe benefits contained in the wage determination dechdon of the Secretary
of Labor which is attached hereto and llIade a part hereof. regardless of any
contractual relationship which aay be alleged to exist between the COntractor
or subcontractor and such laborers and mechanics. A copy of such wage
determination decision shall be kept posted by the COntractor at the site of
the work in a prominent place where it can be easily seen by the workers. The
tera mechanics and laborers shall he deemed to include apprentices and
trainees not covered by an approved progra.. as provided by the apprentice and
trainee clause of the contract.
(b) The COntractor may discharge his obligation
workers in any classification for which the wage
containsl

under this clause to
deter_ination decision

Contractor or any subcontractor directly on the site of the work covered by
this contract has been or is beinq paid at a rate of wages le.ss than the rate
of wages required by paragraph (a) of this clause. or by the -"Pprentlces and
Trainees- clause of this contract. the Contracting Off Leer may Ii) by written
notice to the Government ()rfme COntractor terminate his right to proceed with
the work. or such part of the work as to which there has been a failure to pay
said required wages. and (11) prosecute the work to cOftlpletion by contract or
otherwise, whereupon such Contractor. and his sureties shall be liable to the
Government for any excess costs occasioned the Government thereby.
If) Paragraphs (a) through Ie) of the clause shall apply to this contract
to the extent that it is (1) II prime contract with the Govertuaent subject to
the Oavis-6acon Act or (ii) a subcontract also subject to the Davis-Bacon Act
under such prime contract. (OAR 7-602.23(.11) (1))

(11 Only a basic hourly rate of pay, by making payment at not less
than such basic hourly rate, except as otherwise provided in the copeland
Regulations (29 erR, Part 3)1 or
(2) Both a basic hourly rate of pay and fringe benefits payments,
by making payment in cash, by iru.vocably making contributions pursuant to a
fund, plan, or pr09ralll for. and or by a8suldng "an enforceable conualtlllent to
bear the cost of. bona fide fringe benefits contemplated bV the Davis-Bacon
Act. or by any combination thereof. Contributions made. or costs assumed, on
other than a weekly basis shall be considered as havinq been construct ively
made or assumed during a weekly period to the extent that they apply to such
period. Where a fringe benefit ls expressed in a wage determination in any
manner other than as an hourly rate and the COntractor pays a cash equivalent
or provides an alternative fringe benefit, he shall furnish information with
his payrolls showing how he detemined that the cost incurred to .ake the cash
payaent or to prbvide tht! alternative fringe benefit is equal to the cost of
the wage determination fringe benefit. In any case where the Oontractor
provides a fringe benefit different from any contained in the wage
determination. he shall similarly show how he arrived at the hourly rate shown
therefor. In the event of disagreement between or among the interested
parties as to an equivalent of any fringe benefit, the COntracting Officer
shall submit the question, together with his reco_endation. to the Secretary
of Labor for final determination.
(c) The assumption of an enforceable commitment to bear the cost of
fringe benefits. or the provision of any fringe benefits not expreSSly listed
in section lib) (2) of the Davis-Bacon Act or in the wage determination
decision forming a part of the contract, ~y be considered as payment of wages
only with the approval of the Secretary of ~bor pursuant to a written request
by the COntractor. The Secretary of LaOOe may require the Contractor to set
aside assets. in a separate account. to .eet his obligations under any
unfunded plan or program.
(dl The Contracting Officer shall require that any class of laborers or
mechanics. including apprentices and trainees, which is !'tOt listed in the wage
determination d~cision and which is to be employed under the contract shall be
classified or reclassified conformably to the wage determination decision. and
shall report the action taken to the Secretary of Labot. If the interested
pacties cannot agce.e on the proper classification or reclassification of a
particular class of laborers or mechanics. including apprentices and trainees,
to be used, the COntracting Officer shall subarit the question, toqether with
his recommendation. to the Secretary of Labor for ftnal determination.
Ie) In the event it is found by the Contracting Officer that any laborer
oe IlIechanic, inclUding all apprentices and tcatnees, employed by the

31. CONTRACT WORk UQURS AND SAFETY STANDARDS ACT - OVERTIME COMPENSATION (40
U.5.C. 327-333) 11971 DOC)
(If this contract is with a State or political subdivision thereof. the
COntractor agrees to cOlllply with the requirements of the Contract work Rours
Standards Act and to ins4!rt this clause in all SlJbcontracts hereunder with
pcivate persons or firms)
This contract is subject to the COntract Work flours and Safety Standards
Act and to the applicable rules. regulations, and interpretations of the
Secre tary of Labor.
(a) The Contcactor shall not require oe permit any labocer or mechanic,
including apprentices, trainees. watchmen, and guards in any workweek in which
he is employed on any wor~ under this contract to work Lrl excess of eight (81
hours in any calendar day or tn excess of forty (40) hours in such workweek on
work subject to the proviSions of the Contract Work Hours and Safety Standards
Act unless such laborer or lIechanic, includlng apprentices, trainees.
watchmen, and guards, recelves compensation at a cate not less than one and
one-half times his basic rate of pay for all such hours worked il'l excess of
eight (8) hours in any calendar day or in excess of forty (40) hours in such
workweek, whichever is the greater nWllber of overtillle hours. The -basic rate
of pay,- as used in this clause. shall be the amount paid per hour, exclusive
of the COntractor's contribution or cost for fringe ~nefits and any cash
payment made in lieu of providing fringe benefits. or the basic hourly rate
contained in the wage determination. whichever is greater.
(b) In the event of any violation of the provisions of paragraph (a). the
COntractor shall be liable to any affected employee foe any amounts due, and
to the United States for liquidated damages. Such liquidated damages shall be
computed with eespect to each lndividual laoorer DC mE!ochanic. including an
apprentice. trainee, watchman. or guard. employed in violation of the
provisions of paragraph (a) in the SUIlt of SID for each calendar day on which
such employee was required or permitted to be employed on such work in excess
of eight (8) hours or in excess of the standard workweek of forty (40) hours
without payment of the overtime wages required by paragraph (a). (OAR
7-602.2)(a) (ii))

32. APPRENTICES AND TRAINtES (1977 Dee)
(If this contcact is with a State or political subdivision thereof. the
COntractor agrees to comply with the requirelllents of tbe Contract Work Hours
Standards Act and to insert this clause in all subcontracts hereunder wi th
private persons oc firmsl
(a) Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed and individually

(1 May 8))

19

(Const. Gen. Prov.)

(l May 8]) 20

(Const. Gen. Prov.)

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