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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 <br />into for the actual construction, alteration and/or repair, including painting and decorating, <br />of a public building or public work, or building or work financed in whole or in part from <br />Federal funds or in accordance with guarantees of a Federal agency or financed from funds <br />obtained by pledge of any contract of a Federal agency to make a loan, grant or annual <br />contribution (except where a different meaning is expressly indicated), and which is <br />subject to the labor standards provisions of any of the acts listed in 29 CFR § 5.1 and the <br />Water Resources Reform 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 <br />unconditionally and not less often than once a week, and without subsequent deduction or <br />rebate on any account (except such payroll deductions as are permitted by regulations <br />issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount <br />of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment <br />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 <br />relationship which may be alleged to exist between the contractor and such laborers and <br />mechanics. <br />Contributions made or costs reasonably anticipated for bona fide fringe benefits under <br />section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered <br />wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) <br />of this section; also, regular contributions made or costs incurred for more than a weekly <br />period (but not less often than quarterly) under plans, funds, or programs which cover the <br />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 <br />fringe benefits on the wage determination for the classification of work actually performed, <br />without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics <br />performing work in more than one classification may be compensated at the rate specified <br />for each classification for the time actually worked therein: Provided, that the employer's <br />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 <br />conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH - <br />1321) shall be posted at all times by the contractor and its subcontractors at the site of the <br />work in a prominent and accessible place where it can be easily seen by the workers. <br />TWDB Commitment No. L1000600 <br />Exhibit D, Page 1 of 10 <br />