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(D) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (1)(11)(B) or (C)
<br />of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the
<br />first day on which work is performed in the classification.
<br />(ill) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe
<br />benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage
<br />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 of the
<br />wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits
<br />under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor,
<br />that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor
<br />to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the
<br />Office of Management and Budget under OMB Control Number 1235-0023.)
<br />(2) Withholding. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the
<br />U.S. Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal
<br />contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage
<br />requirements which is held by the same prime contractor, so much of the accrued payments or advances as may be
<br />considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the
<br />contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer
<br />or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the
<br />wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or
<br />owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of
<br />funds until such violations 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 respective employees to whom they are
<br />due. The U.S. Department of Labor shall make such disbursements in the case of direct Davis -Bacon Act contracts.
<br />(3) Payrolls and basic records.
<br />Maintaining Payroll Records. Payrolls and basic records relating thereto shall be maintained by the contractor during
<br />the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at
<br />the site of the work. Such records shall contain the name, address, and social security number of each such worker, his
<br />or her correct classif[cation (s), hourly rates of wages paid (including rates of contributions or costs anticipated for bona
<br />fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act),
<br />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 mechanic
<br />include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in
<br />Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to
<br />provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program
<br />has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated
<br />or the actual cost incurred in providing such benefits.
<br />Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the
<br />registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and
<br />trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management
<br />and Budget under OMB Control Numbers 1235-0023 and 1215-0018)
<br />(ii) Certified Payroll Reports.
<br />(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls
<br />to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor
<br />will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its
<br />designee. The payrolls submitted shall set out accurately and completely all of the information required to be
<br />maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be
<br />included on weekly transmittals. Instead, the payrolls only need to include an individually identifying number for
<br />each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll
<br />information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the
<br />Wage and Hour Division Web site at https://www.dol.gov/agencies/whd/forms or its successor site. The prime
<br />contractor is responsible for the submission of copies of payrolls by all subcontractors.
<br />HUD-4010 (06/2022)
<br />Previous editions are obsolete, Page 2 of 5 ref. Handbook 1344,1
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