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IRC -2304 AGREEMENT 202311212024011
<br />Annual Asphalt Paving and Resurfacing
<br />(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
<br />paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the
<br />classification under this 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
<br />mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either
<br />pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an
<br />hourly cash equivalent thereof.
<br />(iv) If the contractor does not make payments to a trustee or other third person, the contractor
<br />may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
<br />anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary
<br />of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -
<br />Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate
<br />account assets for the meeting of obligations under the plan or program.
<br />(2) Withholding. OWNER shall upon its own action or upon written request of an authorized
<br />representative of the Department of Labor withhold or cause to be withheld from the contractor under
<br />this contract or any other Federal contract with the same prime contractor, or any other federally -assisted
<br />contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime
<br />contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers
<br />and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any
<br />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
<br />(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
<br />development of the project), all or part of the wages required by the contract, the OWNER may, after
<br />written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to
<br />cause the suspension of any further payment, advance, or guarantee of funds until such violations have
<br />ceased.
<br />(3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained
<br />by the contractor during the course of the work and preserved for a period of three years thereafter for
<br />all laborers and mechanics working at the site of the work (or 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 records
<br />shall contain the name, address, and social security number of each such worker, his or her correct
<br />classification, 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 -
<br />Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever
<br />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
<br />described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show
<br />that the commitment to provide such benefits is enforceable, that the plan or program is financially
<br />responsible, and that the plan or program has been communicated in writing to the laborers or mechanics
<br />affected, and records which show the costs anticipated or the actual cost incurred in providing such
<br />benefits. Contractors employing apprentices or trainees under approved programs shall maintain written
<br />evidence of the registration of apprenticeship programs and certification of trainee programs, the
<br />registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
<br />programs.
<br />(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed
<br />a copy of all payrolls to the Federal Emergency Management Agency (FEMA) if the agency is a party to the
<br />contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant,
<br />sponsor, or owner, as the case may be, for transmission to FEMA. The payrolls submitted shall set out
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