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..` <br />.-� <br />EXHIBIT D <br />Davis-Bacon Contract and Subcontract Provisions <br />The subrecipient(s) shall insert in full in any contract in excess of $2,000 which is entered into for the <br />actual construction, alteration and/or repair, including painting and decorating, of a public building or <br />public work, or building or work financed in whole or in part from Federal funds or in accordance with <br />guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal <br />agency to make a loan, grant or annual contribution (except where a different meaning is expressly <br />indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1, the <br />following clauses: <br />(1) Minimum wages. <br />(i) All laborers and mechanics employed or working upon the site of the work will be paid <br />unconditionally and not less often than once a week, and without subsequent deduction or rebate <br />on any account (except such payroll deductions as are permitted by regulations issued by the <br />Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona <br />fide fringe benefits (or cash equivalents thereo� due at time of payment computed at rates not <br />less than those contained in the wage determination of the Secretary of Labor which is attached <br />hereto and made a part hereof, regardless of any contractual relationship which may be alleged to <br />exist between the contractor and such laborers and mechanics. <br />Contributions made or costs reasonably anticipated for bona fide fringe benefits under section <br />1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to <br />such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, <br />regular contributions made or costs incurred for more than a weekly period (but not less often <br />than quarterly) under plans, funds, or programs which cover the particular weekly period, are <br />deemed to be constructively made or incurred during such weekly period. Such laborers and <br />mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination <br />for the classification of work actually performed, without regard to skill, except as provided in § <br />5.5(a)(4). Laborers or mechanics performing work in more than one classification may be <br />compensated at the rate specified for each classification for the time actually worked therein: <br />Provided, That the employer's payroll records accurately set forth the time spent in each <br />classification in which work is performed. The wage determination (including any additional <br />classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis- <br />Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at <br />the site of the work in a prominent and accessible place where it can be easily seen by the <br />workers. <br />Subrecipients may obtain wage determinations from the U.S. Department of Labor's web site, <br />www.dol.gov. <br />(ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or <br />mechanics, including helpers, which is not listed in the wage determination and which is to be <br />Exhibit D, Page 1 of 9 <br />