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REVISED JUNE 17, 2013 RETURN WITH BID
<br /> (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
<br /> representatives,and the sub recipient do not agree on the proposed classification and wage rate(including the
<br /> amount designated for fringe benefits, where appropriate), the award official shall refer the questions,
<br /> including the views of all interested parties and the recommendation of the award official, to the
<br /> Administrator for determination. The Administrator, or an authorized representative, will issue a
<br /> determination within 30 days of receipt and so advise the contracting officer or will notify the contracting
<br /> officer within the 30-day period that additional time is necessary.
<br /> (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
<br /> (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under
<br /> this contract from the first day on which work is performed in the classification.
<br /> (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
<br /> includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit
<br /> as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent
<br /> thereof.
<br /> (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider
<br /> as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing
<br /> bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the
<br /> written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The
<br /> Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of
<br /> obligations under the plan or program.
<br /> (2) Withholding, the sub recipient shall upon written request of the USEPA Award Official or an authorized
<br /> representative of the Department of Labor withhold or cause to be withheld from the contractor under this
<br /> contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract
<br /> subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much
<br /> of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,
<br /> including apprentices,trainees, and helpers, employed by the contractor or any subcontractor the full amount
<br /> of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any
<br /> apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required
<br /> by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take
<br /> such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of
<br /> funds until such violations have ceased.
<br /> (3)Payrolls and basic records.
<br /> (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the
<br /> work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of
<br /> the work. Such records shall contain the name, address, and social security number of each such worker, his
<br /> or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated
<br /> for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the
<br /> ' Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.
<br /> Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
<br /> mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or
<br /> program described in section 1(b)(2)(B)of the Davis-Bacon Act,the contractor shall maintain records which
<br /> show that the commitment to provide such benefits is enforceable, that the plan or program is financially
<br /> responsible, and that the plan or program has been communicated in writing to the laborers or mechanics
<br /> affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
<br /> Contractors employing apprentices or trainees under approved programs shall maintain written evidence of
<br /> the registration of apprenticeship programs and certification of trainee programs, the registration of the
<br /> apprentices and trainees,and the ratios and wage rates prescribed in the applicable programs.
<br /> CITY 2012-06/BGM 12-043 PROP-4
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