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determination shall be sent by the subrecipient (s) to the State award official. The State award official will transmit
<br />he request, to he Administrator of the Wage and Hour Division,
<br />Employment Standards Administration,
<br />Department of Labor, Washington, DC a[0el will and to modify, or disapprove everynadditt additional classification
<br />Administrator, or an authorized representative,
<br />request within 30 days of receipt and so advise the State award official or will notify the State award official within
<br />the 30 -day period that additional time is necessary.
<br />(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
<br />representatives, and the subrecipient(s) do proposed classification r rate (including
<br />wh ere appropriate), theaward official shall refer heequesta d he local
<br />amount designated for fringe benefits,
<br />wage determination, including the views of
<br />request shall be sent to the EPA DB Regional Cf the State oordinator concurrently.
<br />to the Administrator for determination. The q
<br />The Administrator, or an authorized representative,
<br />offi ernortwill notify he contracting fficertwithio the 30- day that
<br />request and so advise the contracting
<br />additional time is necessary.
<br />(D) The wage rate (including fringe benefits where appro
<br />work in the class fication under pthis contract fromtthe Bfi first
<br />(C) of this section, shall be paid to all performing
<br />day on which work is performed in the classification.
<br />(iii) Whenever the minimum wage rate prescribed
<br />rate, the contractor shall either apay the benefitaascstated un the
<br />fringe benefit which is not expressed Y
<br />wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
<br />(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part
<br />of the wages of any laborer or mechanic iamount Tha� he Secretary of Labor has ttfound,upon hetwritten ' o request
<br />fringe benefits under a plan or program,
<br />of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may
<br />require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or
<br />program.
<br />(2) Withholding
<br />The subrecipient(s), shall upon written a eo
<br />quest f the fPom/tthe acontractor lunder this tcontract or any o her Federal
<br />Department of Labor, withhold or cause
<br />contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing as
<br />wage requirements, which is held by the same prime contractor, so much of the accrued payments or
<br />may be considered necessary to pay laborers he full amount of wages require the
<br />including
<br />ed apprentices, contract. In the event of fail rue to
<br />by the contractor or any subcontractor
<br />pay any laborer o mechanic, including any apprentice, trainee, r working on the site oft e
<br />irainee, or helper, employed o
<br />work, all or part r the wages required by the contract, the (Agency) may, after written notice to the contractor,
<br />sion of any further payment,
<br />sponsor, applicant, or owner, take such action as may be necessary to cause the suspen
<br />advance, or guarantee of funds until such violations have ceased.
<br />(3) Payrolls and basic records
<br />(i) Payrolls and basic records relating thereto ll atlt laboe sea and echanicscworking at the hecs to of the hwork. Such
<br />preserved for a period of three years thereafter
<br />his or her correct
<br />records shall contain the name, address, and social security number of each such worker, contrib
<br />classification, hourly rates of wag (nc of
<br />n secti nu1(b)(2)(B) of thetDavis-Bon Act),daily'and
<br />benefits or cash equivalents thereo f of the (
<br />he t Yp es described
<br />weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor as
<br />found under 29 CFR 55(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs
<br />Davis-
<br />reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis -
<br />Bacon Act, the contractor shall m s financially records which
<br />Bible, and that the plan or program hastbeen communicated
<br />cated
<br />enforceable, that the plan or program
<br />Contract No.LF1000351
<br />Exhibit D. Page 2 of 7
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