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II~l TIle Lessor may discharge his obligation under this clause to
<br />workers in any classification for which tile wage detcrminatinn
<br />decision contains:
<br /> ~ I ) Only a basic hourly rate of pay~ by making payment at
<br /> not less than such basic hourly rate, except as otherwise
<br /> provided in the Copeland Regulations 129 CFR Part 3); or
<br /> (2) Both a basic hourly rate of pay and fringe benefits
<br /> payments, by making payment in cash, by irrevocably making
<br /> contributions pursuant to a fund, plan, or program for, and/or
<br /> by assuming an enforceable commitment to bear the cost of,
<br /> bona fide fringe benefits contemplated by 40 U.S.C. 276a, or
<br /> by any combination thereof. Contributions made, or costs as-
<br /> sumed~ on other than a weekly basis shall be considered as
<br /> having been constructiveIv made ot assumed during a weekly
<br /> period to the extent that they apply to such period. Where a
<br /> fringe benefit is expressed in a wage detcrminatinn in any
<br /> manner other than as an hourly rate a~d the Lessor pays a cash
<br /> equivalent or provides an alternative fringe benefit, he shall
<br /> funrish information with his payrolls showing how he deter-
<br /> mined that the cost incurred to make the cash payment or to
<br /> provide the alternative fringe benefit is equal to the cost of the
<br /> wage determination fringe benefit. In any case where the Lessor
<br /> provides a fringe benefit different from m~y contained in the
<br /> wage determination, hc shall similarly show how he arrived at
<br /> the hourly rate shown therefor. In the event of disagreenlent
<br /> between or among the interested parties as to an equivalent of
<br /> ally fringe benefit, the Contracting Officer shall submit the
<br /> question, together with his recommendation, to the Secretary
<br /> of Labor for final determination.
<br /> (el The assumption of an enforceable commitment to bear the
<br />cost of fringe benefits. or the provision of any fringe benefits not
<br />expressly listed in section ib)(2) of 40 U.S.C. 276a or in the wage
<br />determination decision forming a part of the contract, may be
<br />considered as payment of wages only with the approval of the
<br />Secretary of Labor pursuant to a written request by the Lessor. The
<br />Secretary of Labor may require the Lessor to set aside assets, iB a
<br />separate account, to meet his obligations under any unfunded plan
<br />or progranl.
<br /> Id) The Contracting Officer ~mll require that any class of
<br />laborers or mechanics which is not listed in the wage determination
<br />decision and which is to be employed under the contract shall be
<br />classified or reclassificd conformably to the wage determination
<br />decision, and shall report the action taken to the Secretary of
<br />Labor. If lhe interested parties cannot agree on the proper
<br />classification or recinssi~cation of a particular class of laborers or
<br />mechanics to be used, the Contracting Officer shall submit the
<br />question, together with his recommendation, to the Secretary of
<br />Lahor for final determination.
<br /> (el Apprentices shall be pernfitted to work as such only when
<br />they are registered, individually, under a bona fide apprenticeship
<br />program registered with a State apprenticeship agency which is
<br />recognized by the Bureau of Apprenticeship and Training, United
<br />States Department of L~bor: or, if no such recognized agency exists
<br />in a State, under a program registered with the aforesaid Bureau of
<br />Apprenticeship and Training. The allowable ratio of apprentices to
<br />journeymen in any craft classification shall not bc greater than the
<br />ralio permitted to the Lessor as to his entire work force under the
<br />registered program. Any employee listed on a payroll at an
<br />apprentice wage rate, who is not registered as above, shall be paid
<br />the wage rate determined by the Secretary of Labor for the
<br />classification of work he actually performed. The Lessor shah
<br />furnish written evidence of the registration of his program and
<br />apprentices as well as of the ratios allowed and the wage rates
<br />PS Form 7415
<br />July 1971
<br />
<br />required to be paid thereunder for the ,'trea of construction, prior to
<br />using any apprentices in the work.
<br /> if) TheLessorshallmaintainpayrollsandbasicrecordsrelating
<br />thereto during the course of the work and shall preserve them for a
<br />period of three years thereafter for all laborers and mechanics
<br />employed in the work covered by this clause. Such records shall
<br />contain the name and address of each such employee, his correct
<br />classification, rate of pay (including rates of contributions for. or
<br />costs assumed to provide, fringe benefitsk daily and weekly number
<br />of hours worked, deductions made and actual wages paid. Whenever
<br />the Lessor has obtained approval from the Secretary of Labor as
<br />provided in paragraph ic) of this clause. he shall maintain records
<br />which show the commitment, its approval, written communication
<br />of the plan or program to the laborers or mechanics affected, and
<br />the costs anticipated or incurred under the plan or program.
<br /> (g) The Lessor shall submit weekly a copy of all payrolls to the
<br />Contracting Officer. The Lessor shall be responsible for the
<br />submission of copies of payrolls of all subcontractors. The copy
<br />shall be accompanied by a statement signed by the Lessor indicating
<br />that the payrolls arc correct and complete. that the wage rates
<br />contained therein arc not less than those determined by the
<br />Secretary of Labor, and that the classifications set forth for each
<br />laborer or mechanic conform with the work he performed.
<br />Submission of the "Weekly Statement of Comptiance" required
<br />under this Agreement sball satisfy the requhement for submission of
<br />the above statement. The Lessor shall submit also a copy of any
<br />approval by the Secretary of kabor with respect to fringe benefits
<br />which is required by paragraph Ic) of this clause.
<br /> (h) The Lessor shall make the records required under this
<br />clause available for inspection by authorized representatives of the
<br />Contracting Officer and the Department of Labor, and shall permit
<br />such representatives to interview employees during working hours
<br />on the job.
<br /> (i) The Lessor shall comply with the Copeland Regulations of
<br /> the Secretary of Labor (29 CFR Part 3) which are incorporated
<br /> herein by reference,
<br /> Ol The Contracting Officer may withhold or cause to be
<br /> withheld from the Lessor so much of the accrued payments or
<br /> advances as may be considered necessary to pay laborers and
<br /> mechanics employed by the Lessor or any subcontractor on the
<br /> work the full amount of wages required by the contract.
<br /> (k) If the Lessor or any subcontractor fails to pay any laborer
<br /> or mechanic employed or working on the site of the work, all or
<br /> part of the wages required by the contract, the Contracting Officer
<br /> may, after written notice to the Lessor, take such action as may be
<br /> necessary to cause suspension of any further payments or advances
<br /> until such violations have ceased.
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<br />4. OVERTIME
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<br /> (a) The Lessor shall not require ol permit any laborer or
<br />mechanic in any workweek in which he is employed on any work
<br />under this Agreement to work in excess of 8 hours in any calendar
<br />day or in excess of 40 hours in such workweek on work subject to
<br />the provisions of the Contract Work Hours and Safety Standards
<br />Act t40 U.S.C. 327-333) unless such laborer or mechanic receives
<br />compensation al a rate not less than one and one-half time his basic
<br />rate of pay for all such hours worked in excess of 8 hours in any
<br />calendar day or in excess of 40 hours in such workweek, whichever
<br />is the greater number of overtime hours, The "basic rate of pay", as
<br />used in this clause, shall be the mount paid per hour, exclusive of
<br />the Lessor's contribution or cost for fringe benefits and any cash
<br />payment made in lieu of providing fringe benefits, or the basic
<br />Poge 3 o~ 4
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