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EXHIBIT D <br /> Davis-Bacon Contract and Subcontract Provisions <br /> (a)GENERAL 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 actual <br /> construction,alteration and/or repair,including painting and decorating,of a public building or public work, <br /> or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a <br /> Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, <br /> grant or annual contribution (except where a different meaning is expressly indicated), and which is subject <br /> to the labor standards provisions of any of the acts listed in 29 CFR § 5.1 and the Water Resources Reform <br /> and Development Act of 2014,the following clauses: <br /> (1)Minimum Wages <br /> (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally <br /> and not less often than once a week,and without subsequent deduction or rebate on any account(except such <br /> payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act <br /> (29 CFR part 3)),the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at <br /> time of payment computed at rates not less than those contained in the wage determination of the Secretary <br /> of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which <br /> maybe alleged to exist between the contractor and such laborers and mechanics. <br /> Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the <br /> Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, <br /> subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs <br /> incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs <br /> which cover the particular weekly period, are deemed to be constructively made or incurred during such <br /> weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on <br /> the wage determination for the classification of work actually performed, without regard to skill, except as <br /> provided in 29 CFR§ 5.5(a)(4). Laborers or mechanics performing work in more than one classification may <br /> be compensated at the rate specified for each classification for the time actually worked therein: Provided, <br /> that the employer's payroll records accurately set forth the time spent in each classification in which work is <br /> performed.The wage determination (including any additional classification and wage rates conformed under <br /> paragraph(a)(1)(ii) of this section) and the Davis-Bacon poster(WH-1321) shall be posted at all times by the <br /> contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be <br /> easily seen by the workers. <br /> Subrecipients may obtain wage determinations from the U.S.Department of Labor's web site,www.dol.gov. <br /> (ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including <br /> helpers, which is not listed in the wage determination and which is to be employed under the contract shall <br /> be classified in conformance with the wage determination.The State award official shall approve a request for <br /> an additional classification and wage rate and fringe benefits therefore only when the following criteria have <br /> been met: <br /> (1) The work to be performed by the classification requested is not performed by a classification in the wage <br /> determination;and <br /> (2)The classification is utilized in the area by the construction industry;and <br /> (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the <br /> wage rates contained in the wage determination. <br /> TWDB Commitment No.L1000601 <br /> Exhibit D,Page 1 of 7 <br />