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(iii) The proposed wage rate, including any bona fide
<br />fringe benefits, bears a reasonable relationship to the
<br />wage rates contained in the wage determination.
<br />(2) If the contractor and the laborers and mechanics to be
<br />employed in the classification (if known), or their
<br />representatives, and the contracting officer agree on the
<br />classification and wage rate (including the amount
<br />designated for fringe benefits where appropriate), a report of
<br />the action taken shall be sent by the contracting officer to the
<br />Administrator of the Wage and Hour Division, U.S.
<br />Department of Labor, Washington, DC 20210. The
<br />Administrator, or an authorized representative, will approve,
<br />modify, or disapprove every additional classification action
<br />within 30 days of receipt and so advise the contracting
<br />officer or will notify the contracting officer within the 30-day
<br />period that additional time is necessary.
<br />(3) In the event the contractor, the laborers or mechanics
<br />to be employed in the classification or their representatives,
<br />and the contracting officer do not agree on the proposed
<br />classification and wage rate (including the amount
<br />designated for fringe benefits, where appropriate), the
<br />contracting officer shall refer the questions, including the
<br />views of all interested parties and the recommendation of the
<br />contracting officer, to the Administrator for determination.
<br />The Administrator, or an authorized representative, will issue
<br />a determination within 30 days of receipt and so advise the
<br />contracting officer or will notify the contracting officer within
<br />the 30-day period that additional time is necessary.
<br />(4) The wage rate (including fringe benefits where
<br />appropriate) determined pursuant to paragraphs 1.b.(2) or
<br />1.b.(3) of this section, shall be paid to all workers performing
<br />work in the classification under this contract from the first
<br />day on which work is performed in the classification.
<br />c. Whenever the minimum wage rate prescribed in the
<br />contract for a class of laborers or mechanics includes a fringe
<br />benefit which is not expressed as an hourly rate, the contractor
<br />shall either pay the benefit as stated in the wage determination
<br />or shall pay another bona fide fringe benefit or an hourly cash
<br />equivalent thereof.
<br />d. If the contractor does not make payments to a trustee or
<br />other third person, the contractor may consider as part of the
<br />wages of any laborer or mechanic the amount of any costs
<br />reasonably anticipated in providing bona fide fringe benefits
<br />under a plan or program, Provided, That the Secretary of
<br />Labor has found, upon the written request of the contractor,
<br />that the applicable standards of the Davis -Bacon Act have
<br />been met. The Secretary of Labor may require the contractor
<br />to set aside in a separate account assets for the meeting of
<br />obligations under the plan or program.
<br />2. Withholding (29 CFR 5.5)
<br />The contracting agency shall upon its own action or upon
<br />written request of an authorized representative of the
<br />Department of Labor, withhold or cause to be withheld from
<br />the contractor under this contract, or any other Federal
<br />contract with the same prime contractor, or any other federally -
<br />assisted contract subject to Davis -Bacon prevailing wage
<br />requirements, which is held by the same prime contractor, so
<br />much of the accrued payments or advances as may be
<br />considered necessary to pay laborers and mechanics,
<br />including apprentices, trainees, and helpers, employed by the
<br />contractor or any subcontractor the full amount of wages
<br />required by the contract. In the event of failure to pay any
<br />laborer or mechanic, including any apprentice, trainee, or
<br />helper, employed or working on the site of the work, all or part
<br />of the wages required by the contract, the contracting agency
<br />may, after written notice to the contractor, take such action as
<br />may be necessary to cause the suspension of any further
<br />payment, advance, or guarantee of funds until such violations
<br />have ceased.
<br />3. Payrolls and basic records (29 CFR 5.5)
<br />a. Payrolls and basic records relating thereto shall be
<br />maintained by the contractor during the course of the work and
<br />preserved for a period of three years thereafter for all laborers
<br />and mechanics working at the site of the work. Such records
<br />shall contain the name, address, and social security number of
<br />each such worker, his or her correct classification, hourly rates
<br />of wages paid (including rates of contributions or costs
<br />anticipated for bona fide fringe benefits or cash equivalents
<br />thereof of the types described in section 1(b)(2)(B) of the
<br />Davis -Bacon Act), daily and weekly number of hours worked,
<br />deductions made and actual wages paid. Whenever the
<br />Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that
<br />the wages of any laborer or mechanic include the amount of
<br />any costs reasonably anticipated in providing benefits under a
<br />plan or program described in section 1(b)(2)(B) of the Davis -
<br />Bacon Act, the contractor shall maintain records which show
<br />that the commitment to provide such benefits is enforceable,
<br />that the plan or program is financially responsible, and that the
<br />plan or program has been communicated in writing to the
<br />laborers or mechanics affected, and records which show the
<br />costs anticipated or the actual cost incurred in providing such
<br />benefits. Contractors employing apprentices or trainees under
<br />approved programs shall maintain written evidence of the
<br />registration of apprenticeship programs and certification of
<br />trainee programs, the registration of the apprentices and
<br />trainees, and the ratios and wage rates prescribed in the
<br />applicable programs.
<br />b.(1) The contractor shall submit weekly for each week in
<br />which any contract work is performed a copy of all payrolls to
<br />the contracting agency. The payrolls submitted shall set out
<br />accurately and completely all of the information required to be
<br />maintained under 29 CFR 5.5(a)(3)(i), except that full social
<br />security numbers and home addresses shall not be included
<br />on weekly transmittals. Instead the payrolls shall only need to
<br />include an individually identifying number for each employee
<br />(e.g., the last four digits of the employee's social security
<br />number). The required weekly payroll information may be
<br />submitted in any form desired. Optional Form WH-347 is
<br />available for this purpose from the Wage and Hour Division
<br />Web site. The prime contractor is responsible for the
<br />submission of copies of payrolls by all subcontractors.
<br />Contractors and subcontractors shall maintain the full social
<br />security number and current address of each covered worker,
<br />and shall provide them upon request to the contracting agency
<br />for transmission to the State DOT, the FHWA or the Wage and
<br />Hour Division of the Department of Labor for purposes of an
<br />investigation or audit of compliance with prevailing wage
<br />requirements. It is not a violation of this section for a prime
<br />contractor to require a subcontractor to provide addresses and
<br />social security numbers to the prime contractor for its own
<br />records, without weekly submission to the contracting agency.
<br />(2) Each payroll submitted shall be accompanied by a
<br />"Statement of Compliance," signed by the contractor or
<br />City Council 18 — 47 12/20/2022
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