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Salem Area Mass Transit District/Marion County IFB 00-03 34 <br />TAB Services <br />2) The Work furnished must be of first quality and the worlananship must be the best <br />obtainable in the various trades. The Work must be of safe, substantial and durable <br />construction in all respects. 'I'he Contractor hereby guarantees the Work against defective <br />materials or faulty workmanship for a minimum period of one (1) year after Final Payment <br />by Recipient and shall replace or repair any defective materials or equipment or faulty <br />workmanship during the period of the guarantee at no cost to Recipient. As additional <br />security for these guarantees, the Contractor shall, prior to the release of Final Payment, <br />furnish separate Maintenance (or Guarantee) Bonds in form acceptable to Recipient written <br />by the same corporate surety that provides the Performance Bond and Labor and Material <br />Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to <br />replace or repair defective materials and faulty workmanship for a minimum period of one <br />(1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED <br />PERCENT (100%) of the CONTRACT SiJM, as adjusted (if at all). <br />Davis-Bacon Act <br />2) Minimum wages -(i) All laborers and mechanics employed or working upon the site of the <br />work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in <br />the construction or development of the project), will be paid unconditionally and not less <br />often than once a week, and without subsequent deduction or rebate on any account (except <br />such payroll deductions as are permitted by regulations issued by the Secretary of Labor <br />under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe <br />benefits (or cash equivalents thereo~ due at time of payment computed at rates not less than <br />those contained in the wage determination of the Secretary of Labor which is attached hereto <br />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 (1)(iv) o£ 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 />29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification <br />may be compensated at the rate specified for each classification for the time actually worked <br />therein: 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 and the Davis-Bacon poster <br />(WH-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 />(ii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or <br />mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall <br />either pay the benefit as stated in the wage determination or shall pay another bona fide fringe <br />benefit or an hourly cash equivalent thereof. <br />(iii) If the Contractor does not make payments to a trustee or other third person, the Contractor <br />may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably <br />