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(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
<br /> representatives, and the subrecipient(s) agree on the classification and wage rate (including the amount
<br /> designated for fringe benefits where appropriate), documentation of the action taken and the request,
<br /> including the local wage determination shall be sent by the subrecipient (s) to the State award official. The
<br /> State award official will transmit the request, to the Administrator of the Wage and Hour Division,
<br /> Employment Standards Administration, U.S. Department of Labor,Washington, DC 20210 and to the EPA DB
<br /> Regional Coordinator concurrently.The Administrator,or an authorized representative,will approve,modify,
<br /> or disapprove every additional classification request within 30 days of receipt and so advise the State award
<br /> official or will notify the State award official within 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 not agree on the proposed classification and wage rate (including
<br /> the amount designated for fringe benefits, where appropriate), the award official shall refer the request and
<br /> the local wage determination, including the views of all interested parties and the recommendation of the
<br /> State award official,to the Administrator for determination.The request shall be sent to the EPA DB Regional
<br /> Coordinator concurrently. The Administrator, or an authorized representative, will issue a determination
<br /> within 30 days of receipt of the request 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 this
<br /> 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
<br /> The subrecipient(s), shall upon written request of the EPA Award Official or an authorized representative of
<br /> the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any
<br /> other Federal contract with the same prime contractor, or any other federally-assisted contract subject to
<br /> Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the
<br /> 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 apprentice,
<br /> trainee, or helper, employed or working on the site of the work, all or part of the wages required by the
<br /> contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such
<br /> action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds
<br /> 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 /> TWDB Commitment No.L1000601
<br /> Exhibit D,Page 2 of 7
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