R2000-225 AUTHORIZING THE FILING AND EXECUTION OF GRANT AMENDMENT NO. 1

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agrees that proportionate shares of all liquidated damages assessed under this Agreement shall be credited to the state and federal govemments in amounts equivalent to the percentages of the Project funded by each,and the Grantee shall be credited a proportionate share of the liquidated damages in an amount equivalent to the percentage of the Project funded by the Grantee. D. Safety Standards. Pursuant to section 107 of the Contract Work Hours and Safety Standards Act and Department of Labor regulations,"Safery and Health Regulations for Construction"29 C.F.R. 1926, no laborer or mechanic working on a construction contract shall be required to work in surroundings or under working conditions that are unsanitary,hazardous,or dangerous to his or her health and safety as determined under construction and health standards promulgated by the Secretary of Labor. E. Si ns. The Grantee agrees to cause to be erected at the site of construction,and to maintain during construction,signs satisfactory to FTA identifying the Project and indicating that the Govemment is participating in the development of the Project. ITEM 36-LABOR PROVISION A. Construction Contracts. Pursuant to Department of Labor regulations,"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),"29 C.F.R.§5,the following provisions shall be incorporated in each construction contract of$2,000 or more let by the Grantee in carrying out the Project: (1) Minimum Wages. ' (i.) All laborers and mechanics employed or working upon the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project),will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act,29 C.F.R.§3),the full amount of wages and bona fide fringe benefits(or cash equivalents thereofl due at the time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of 29 C.F.R. 5.5(a)(1)(iv);also, regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly)under plans,funds,or programs that cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shalEbe paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed without regard to skill,except as provided at 29 C.F.R. 5.5(a)(4). Laborers or mechanics perForming work in more than one classification may be compensated at the rate specified for each class�cation for the time actually worked therein; provided that the employe�'s payroll records accurately set forth the time spent in each classification in which wbrk is performed. The wage determination (including any additional classification and wage rates conformed under 29 C.F.R.§5.5 (a)(1)(ii)and the Davis-Bacon poster(WH-1321))shall be posted at alt times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. State/Federal Capital Grant page 27