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HARRY HUGHES, Governor 531
hospital care or benefits or pensions on retirement, disability,
or death, including any profit sharing plan which provides
benefits at or after retirement, compensation for injuries or
illness resulting from occupational activity, or insurance to
provide any of the foregoing; for unemployment benefits, life
insurance or accident insurance; for vacation and holiday pay;
for defraying costs of apprenticeship or other similar programs;
or for other bona fide fringe benefits, but only if the
contractor is not required by federal, State, or local law to
provide any of such benefits; and
[(ii)] 2. The rate of costs to the contractor
or subcontractor which may be reasonably anticipated in providing
the fringe benefits specified in paragraph [(2)(i)] (II)1. to
workmen and apprentices pursuant to an enforceable commitment to
carry out a financially responsible plan or program which is
communicated in writing to the workmen and apprentices affected.
(I) "WEIGHTED AVERAGE RATE" FOR EACH CLASSIFICATION IN A
LOCALITY MEANS THE RATE OBTAINED BY
(1) ADDING THE PRODUCTS OBTAINED BY MULTIPLYING EACH
HOURLY RATE PAID TO WORKERS IN THE CLASSIFICATION BY THE NUMBER
OF WORKERS RECEIVING THAT RATE; AND
(2) DIVIDING THAT SUM BY THE TOTAL NUMBER OF WORKERS
IN THE CLASSIFICATION.
(J) "LOCALITY" MEANS EITHER THE COUNTY OR BALTIMORE CITY IN
WHICH THE WORK IS TO BE PERFORMED. IF THE PUBLIC WORK IS LOCATED
WITHIN 2 OR MORE COUNTIES, OR A COUNTY AND BALTIMORE CITY, THE
LOCALITY SHALL INCLUDE ALL SUBDIVISIONS IN WHICH THE PUBLIC WORK
IS LOCATED.
8-504.
(a) Every public body authorized to contract for public
works, before advertising for bids or proposals, shall request
the Commissioner to determine the prevailing rates of wages for
workmen and apprentices for the class or type of work called for
by the public works, in the locality the work is to be performed.
The Commissioner shall determine the prevailing hourly rate of
wages, including the prevailing rate of wages for overtime work
which shall in no event be less than time and a half the
prevailing hourly rate of wages for straight time, for work of
the same or a similar character in the locality in which the work
is to be performed for the various classifications of workmen and
apprentices required to execute the contemplated contract, and
such determination or schedule of the prevailing hourly rate of
wages shall be attached to and made a part of the specifications
and the contract for the work. If there is not a substantial
number of competent workmen engaged in work of the same or a
similar character within the locality as established by the
Commissioner, the Commissioner shall use the nearest established
locality WITHIN THIS STATE WHICH MOST CLOSELY APPROXIMATES, IN
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