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representative, will approve, modify, or disapprove every additional classification action within 30
<br />days of receipt and so advise the contracting officer or will notify the contracting officer within the
<br />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 cont~acting officer do not agree on the proposed classification and wage rate
<br />(including the amount designated for fringe benefits, where appropriate), the contracting officer shall
<br />refer the questions, including the views of all interested parties and the recommenda[ion of the
<br />contracting officer, to the Administrator for determination. The Administrator, or an authorized
<br />representative, will issue a determination with 30 days of receipt and so advise the contracting officer
<br />or will notify the contracting 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 />(1)(iv) (B) or (C) of this section, shall be paid to all workers performing work in the classificatton
<br />under this contract from the first day on which work is performed in the classification.
<br />(2) Withholding - The Recipient shall upon its own action or upon written request of an authorized
<br />representative of the Depadment of Labor withhold or cause to be withheld from the Contractor
<br />under this contract or any other Federal contract with the same prime Contractor, or any other
<br />federally-assisted contract subjec[ to Davis-Bacon prevailing wage cequi~ements, which is held by the
<br />same prime contractor, so much of the accrued payments or advances as may be considered
<br />necessary to pay labore~s and mechanics, including apprentices, t~ainees, and helpers, employed by
<br />the Contractor or any subcont[actor the full amount of wages required by the contract. In the event
<br />of failure to pay any labo~er or mechanic, including any apprentice, trainee, or helper, employed or
<br />working on 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), all or part of the wages
<br />required by the cont~act, the Recipient may, after written notice to the Contractor, sponsor, applicant,
<br />or owner, take such action as may be necessary to cause the suspension of any further payment,
<br />advance, or guazantee of funds until such violations have ceased.
<br />(3) Payrolls and basic records -(i) Payrolls and basic records relating thereto shall be maintained by
<br />the Contractor during the course of the work and preserved for a period of three years the~eafter for
<br />all laborers and mechanics working at the site of the work (oc under the United States Housing Act of
<br />1937, or under the Housing Act of 1949, in the construction or development of the project). Such
<br />records shall contain the name, address, and social security numbec of each such worker, his or her
<br />conect classification, hourly rates of wages paid (including rates of contributions or costs anticipated
<br />for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B)
<br />of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual
<br />wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of
<br />any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits
<br />under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall
<br />maintain records which show that the commitment to provide such benefits is enforceable, that the
<br />plan or program is financially responsible, and that the plan or program has been communicated in
<br />writing ro the laborers or mechanics affected, and records which show the costs anticipated or the
<br />acmal cost incurred in providing such benefits. Contractors employing apprentices or tramees under
<br />approved programs shall maintain written evidence of the ~egistration of apprenticeship pcograms
<br />and certification of trainee programs, the registration of the apprentices and tramees, and the ratios
<br />and wage ~ates prescribed in the applicable programs.
<br />(ii)(A) The Contractor shall submi[ weekly for each week in which any contract work is performed a
<br />copy of all payrolls to the Recipient for transmission to the Federal Transit Administration. The
<br />payrolls submitted shall set out accu~ately and completely all of the information required to be
<br />maintained under 29 CFR part 5. This information may be submitted in any form desired. Optional
<br />Form WH-347 is available for this purpose and may be purchased from the Superintendent of
<br />Addendum, FPA Contract Requirements
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