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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 /> (b) Withholding of funds.HUD or its designee shall,upon its own action or upon written request of 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 of <br /> the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including <br /> apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages <br /> required by the contract. In the event of failure to pay any laborer or mechanic, including any apprenrice, <br /> trainee, or helper, employed or working on the site of the work (or, under the United States Housing Act of <br /> 1937 or under the Housing Act of 1949, in the conshucrion or development of the project), all or part of the <br /> wages required by the contract, HUD or its designee may, after written notice to the Contractor, take such <br /> action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until <br /> such violarions have ceased. HUD or its designee may, after written notice to the Contractor, disburse such <br /> amounts withheld for and on account of the Contractor or subcontractor to the respecrive employees to whom <br /> they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act <br /> contracts. <br /> (c) Payrolls and basic records. (1) Payrolls and basic records relating thereto shall be maintained by the <br /> Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and <br /> mechanics working at the site of the work (or, under the United States Housing Act of 1937 or under the <br /> Housing Act of 1949,in the construction or development of the project). Such records shall contain the name, <br /> address,and social security number of each such worker,his or her correct classification,hourly rates of wages <br /> paid (including rates of contributions or costs anricipated for bona fide fringe benefits or cash equivalents <br /> thereof of the types described in secrion 1(b)(2)(B)of the Davis-Bacon Act), daily and weekly number of hours <br /> worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR <br /> 5.5(a)(1)(iv), that the wages of any laborer or mechanic include the amount of costs reasonably anricipated in <br /> providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the <br /> Contractor shall maintain records which show that the commitxnent to provide such benefits is enforceable,that <br /> the plan or program is financially responsible, and that the plan or program has been communicated in writing <br /> to the laborers or mechanics affected,and records which show the costs anricipated or the actual cost incurred in <br /> providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain <br /> written evidence of the registration of apprenticeship programs and certification of trainee programs, the <br /> registration of the apprentices and trainees,and the ratios and wage rates prescribed in the applicable programs. <br /> (2)(i) The Contractor sha11 submit weekly for each week in which any contract work is performed a copy of <br /> all payrolls to the Contracting Officer for transmission to HUD or its designee.The payrolls submitted <br /> shall set out accurately and completely all of the informarion required to be maintained under <br /> subparagraph(c)(1) of this clause. This informarion may be submitted in any form desired. Optional <br /> Form WH-347 (Federal Stock Number 029-005-00014-1) is available for this puipose and may be <br /> purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, <br /> D.C. 20402. The prime Contractor is responsible for the submission of copies of payrolls by all <br /> subcontractors. <br /> (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the <br /> Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons <br /> employed under the contract and shall certify the following: <br /> (A) That the payroll for the payroll period contains the information required to be maintained under <br /> paragraph(c)(1)of this clause and that such information is correct and complete; <br /> (B) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the <br /> contract during the payroll period has been paid the full weekly wages earned, without rebate, 'I <br /> either directly or indirectly, and that no deductions have been made either directly or indirectly i <br /> from the full wages eamed,other than pernrissible deducfions as set forth in 29 CFR Part 3;and � <br /> (C) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe <br /> benefits or cash equivalents for the classificarion of work performed, as specified in the applicable <br /> wage detemunation incorporated into the contract. <br /> (iii) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form <br /> WH-347 shall satisfy the requirements for submission of the "Statement of Compliance" required by <br /> subparagraph(c)(2)(ii)of this clause. <br /> 30 <br /> Doc#:CHI01(239130-00107)50130735v3;08/12J2003/Time:10:48 <br />