PERMFILE129123

• Permit No: M1977024
• IBM Index Class Name: Permit File
• Doc Date: 2/22/1977
• Doc Name: Contract and Bond
• From: CDOT
• To: Corn Construction Company
• Media Type: D
• Archive: No

6. If the contractor doe not make payments to a trustee or
other thud Person, he may consider es part of the wages of any
laborer or mechanic the amount of any costs reasonably antici-
pated in providing benefits under a plan or program of a type
expressly' listed~in the wage determination decision of the Secre-
tary of Labor which is a part of this contract: Provided, hotnever,
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 require the
contractor to set aside in a separate account assets for the meet
ing of obligations under the plan or program.
~• Payment of Ezeeea Wages:
While the wage rates shown are the minimum rates required
by the contract to be paid during its Cite, this is not a reprexn-
tatian Chet labor can be obtained at these rates. No increase in
the contract price shall be allowed or authorized on account at
the payment of wegt rates in excess o! those listed herein.
ii. Apprentices and Trainees (Programs of Department
of Labor):
a. Apprentices will be permitted to work et leas then the
predetermined rate Ior the work they performed when they are
employed and individually registered in n bona fide apprentice-
ship program registered with the U.S. Department of Labor,
ilfanpower Administration, Bureau o[ Apprenticeship and Train-
ing. or with a State Apprenticeship A;,enry recognized by the
Dureau, or i(a perwn is employed in his fiat 90 days of proba-
ttnnary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but
Train ng orsanStnte qd by the Rurenu of Apprenticeship and
to be eligible !or pprenticeship Agency (where appropriate)
probationary emplbytnent as nn apprentice.
The allowable ratio of apprentices to journeymen in any craft
dnuification shall not 6e greater than the ratio permitted to the
contractor as to his entire work force under the registered pm-
rotes whonis note eo treinteeeas defin dyin 129aCFR 5.2(c1 (2) or i~
not registered or otherwiu employed as stated above, shall be
paid the wage rate determined by the Secretary of Labor for the
classification of work he actually performed. The contractor or
subcontractor will be required to furnish to the Stele highway
agency or to a representative of the tVage-flour Division of the
U.S. Department of Labor written evidence of the registration
endhtwa egrom and apprentices as well es the appropriate ratios
F tarn fezpresxd in percentage of the journeyman
hourly rates), (or the Brea of construction prior to using any
apprenlicse on the contract work. The wage rate paid ap•
prenticea shelf 6e not Icon than the appropriate percentage of rite
journeyman a rats. contained in the applicable wage determination.
b. Trainees, except as provided in 29 CFR 5.15, will not'be
permitted to work et lea then the predetermined rate {or the
work performed unless they ere employed punnant to and indi-
vidually registered in a program which has received prior ap
proval. evidenced by formal certification, by the U.S. Department
of Labor, hfnnpower Administration, Bureau of Apprenticehip
and Training. The recto of trainees to jottrneymnn shelf not be
greatsr than permitted under the plan spproveJ by the Bureau
of Apprenticeship end Trdning. Every trainee must hr paid at
aot less than the rate specified !n the approved program for his
isvel of progress. Any employee listed on the payroll at a trainee
rate who is net registered and partlcipattng in a training plan
aPProved by the Bureau of Apprenticeship end Training shelf be
paid not lea than the wage rate determined by the Secretary of
Labor for the classification of work he actually performed. The
contractor or auhnontractor will 6e required to furnish the State
highway agency or a representative of the tt'age-Hour Division
oI the U.S. Department of Labor written evidence of the certifi.
cation of hie program, the registration of the trainees, and the
+atios and wage rates prescribed in that progrsm. In the event
the Bureau of Apprenticeship and Training withdraws approval
of a training program, the contractor will no longer be permitted
Form PR-1273 IRav. 9-751
to utiliu trainees at less flan the app){table prcdetermineA rate
for the work performed until an acceptable program is epprmed.
c. The utiliration of apprentirn, trainees and journeymen
shall be in conformity with the equal employmtent opportuniry~
requirements of Executive Order 11246, as amended, end 29
CFR Part 30.
6 Apprentices and Trainees (Programs of Department
of Transportation):
Apprentices and trainees working under apprenticeship and
skirt training programs which have been certified by the Secretary
oI Transportation as promoting equal employment opportuniry~ in
connection with Federal-aid highway construction programs are
not subject to the requirements of Section N, paragraph 5 above.
The straight time hourly wage rates (or apprentice end trainees
under such programs wi17 he established by the particular pro-
grams,
Overtime Requirements:
No contractor or subcontractor contracting for any port of the
contract work which may require or inrolve the employment of
laborers, mechanics, watchmen or guards (including apprentices
and trainees described in paragraphs 5 and 6 above) shall require
or permit any laborer, mechanic, watchman or guard in any work-
week in which he is employed on such work, to work in excess of
eight hours in any calendar day or in excess of forty hours in such
workweek unless such laborer, mechanic, watchmen or guard re-
ceives compensation at a rate not less than one and one-hall times
his basic rate of pay for ell hours worked in excess of eight hours
in any calendar day or in excess of lorry hours in such workweek,
m the cox may be.
8. Violation: liahiltty for unpaid wages; liquidated
damages:
In the event o/ any violation of the clause set forth in para-
forc shop the ]iabl~raat arty nRe t dsem loyee for hie un Bible theca
In addition, each contractor and subcontractor shall be tl able o
the United States (in the cox of work done under contract for
the bistrict of Columbia or a territory, [o such District or to such
territory), for liquidated damages. Such liquidated damages shalt
be computed with respect to each individual laborer, mechanic,
watchman or guard employed in violation of the deux set forth
in paragraph 7, in the sum of g10 for each calendar day on which
such employee wan required or permitted to work in excess of
eight haves or in excess of the standard workweek of forty hours
without payment of the overtime wages required by the claux xt
forth in'paregreph 7. '
9. Withholding for unpaid wages;
The Starr highway department contracting officer may with-
hold or coax to be withheld from the contractor x much of the
accrued payments or advances u may be considered necessary to
Pey laborers, mechanics (including epprenlieq and trainee)
watchmen, or guards employed by the contractor or any subcom
tractor on the work the full amount of wages required by the
contract. In the event of failure to pay any laborer, mechaNe,
(including apprentices and trainees) watchman or guard employed
requtredtby the ontract, the 5takohighway department hcortero
!ng officer may, dlee written notice to the contractor, take such
ncelon ss may be neceassry to cause the suepene(on of any lurther
paymenq advance, or guarantee of funds until such doletlone
have cenxtl
10. Withholding for liquldateld damages:
The State highway department contracting officer may with-
hold or cause to be withheld, from any moneys payabte on account
of work performed by the contractor or subcontrectoq each sums
as may administratively be determined to be necessary to mtinfy
any liabilities of each contractor or subcontractor for liquidated '
damage ae provided in the claux xt forth insparagraph 8.
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