Orange County NC Website
19 <br />• . t ~~-: <br />Ibl The Lessor may discharge his obligation under this pause to workers in any classification for whir?t the wage determinati rrt decision <br />con tuns: <br />111 Only. a basic hourly rate of pay, by making payment at nqc less than such basic hourly rate, except as otherwise provided in the <br />Copeland Flryulations (29 CFFi Part 31; or <br />(2) Both a basic hourly rate of pay and fringe benefits payments, by making payment in cash, bl/ irrevocably making contributions <br />pursuant to a fund, plan, or program for, and/or by assuming an enforceable contmirment w bear the cost of, bona fide fringe benefits <br />contcmplared by 4l) U.S.C. 27fia, or by any combination thereof. Contributions made, Or casts assumed, on other than a weekly basis shalf•be" <br />considered as having been constructively made or assumed during a weekly period to the extent drat they apply tp suds period. Where a fringe <br />benefit is expressed. in a wage determination in any manner other than as an hourly race and the Lessor pays a CsisFt equivalent or provides an <br />alternative fringe benefit, he shall furnish information wish his payrolls showing how he determined that the cast incurred m make the cash <br />payr.Wnt or to provids the alternative fringe benefit is equal to the east of tlt2 wage determination fringe benefit. In any case where the Lessor <br />provides a fringe benefit different from any contained in the wage determination, he shall similarly show how he arrived at the hourly rate shown <br />therefor, In the event of disagreement between or among the interested parties as to an equivalent of any fringe benefit, the Contracting Dfficer <br />shall submit the question, together wish his recommendation to the Secretary of Labor far final determination. <br />(cl The assumption of an enforceable commitment to bear the cost of fringe benefits, or the provision of any fringe benefits nor. <br />expressly listed in section (bl (21 of 40 U.S.C. Z76a. or in the vwge determination decision forming a part of the wnuaet, may be considered as <br />payment of wages only with the approval of the Secretary of Labor purwant to a written request by the Lector, The Secretary of Labor may <br />rtquire the Lessor to set aside ssseu, in a separarx accpunt, to meet his obligations under any unfunded plan pr program, <br />ldl The Contracting Dfficer shall require that any pass of laborers or mechanics which is not listed in the wage determinatton derision <br />and which 4s...ro .be employed under the conuact shall be classified or rcdassified conformably to. the wage determination derision, and shall <br />sreport• the action taken to the Secretary of Labor, If the interested parsiss cannot agree on the proper classiligtion ar reclassification of a <br />particular' glass of laborers or mechanics to be turd, the Contracting Officer shall submit the question, together with his recommendation, to the <br />Secretary of Labor far final determination. <br />(el Appreniiees shalt be permitted to work as such only when they are registered, individually, under a bona fide apprenticeship <br />program registered with a Stets apprenticeship agency which is recognized by tf+e Bureau of Apprenticeship and Training, United States <br />Department of Labor; or, if no such recognized agenry exists in a State, under a program registered with the aforesaid Bureau of Apprenticeship <br />and Training, The allowable ratio of apprentices ro journeymen in any el•aFi c:assification shall be not greater than the ratio permitsed to the <br />Lessor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not <br />reyistcred as above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actual) ~ <br />Lessor shaft fumish written evidence of the registration of his program and apprentices as rr_11 as of the ratios allowed and the ova a rates ~~ The <br />to 6e paid thereunder for the area of construction, prior to using any apprentices in the work. g required <br />(f) The Lessor shall maintain payrolls and basic retards relating thereto during the course of the work and shall prtserve them for a <br />period of three years thereafter for alt laborers and mechanics employed itt the work covered by this douse, Such records shall contain the name <br />and addr:ss of each such employee, his correct classification, rate of pay (including rates of contributions far, or casts assumed to provide, fringe <br />l~enefi;sl, gaily and .weekly number v/ hours worked, deductions made and actual wages paid. Whenever the Lessor has obtained approval from <br />the Secretary .of Labor as prpvided in paragraph Ic) of this pause, he shall maintain records which show the commitment, its approval, written <br />communication of the plan or program to the laborers ar mechanics affected, and the costs anticipated or incurred under the plan ar program. <br />Igl The Lessor shall submit weekly a copy of all payrolls tp the Contracting Officer. The Lessor shall 6e.rcspansible for the submission <br />of copies of payrolls of a:l subcgntractars. The copy shall 6e accompanied by a statement signed by the Lessor indicating that the payrolls are <br />correct and complete, that the wage races contained therein are not less than those determines by the Secretary of Labor, and drat the <br />classifications set Forth for each laborer qr mechanic conform with tfu work he performed. Submission of the "1Neekly Statement of Compli- <br />ance" required under this Agreement shall satisfy the requirement for submission of the above statement. The Lessor shall submit also a copy of <br />any approval by the Secretary of Labor with respect to fringe benefits which is required by paragraph fel of this clause. <br />(hl The Lessor shalt make the records required uncl~r this etause availa6te for inspection 'by authorized representatives of the <br />Contracting Dfficer and the Department of Labor and shall permit such representative to interviewemplayees during working hours on the job. <br />li) The Lessor shall comply with the Copeland Regulations of the Secretary of Labor (Z9 CFR Part 3) which arc incorporated herein <br />by reference. <br />Ili The Contracting pfficer may withhold or cause to be withheld from the Lessor so much of the accrued payments or advances as <br />r*~ay be considered necessary to pay laborers and mechanics employed by the Lessor or any subcontractor On the work the full amount of wages <br />required by the contract. <br />Ikl If the Lessor or any_ subcontractor fails to pay any laborer or mechanic employed or working an the site of the work, all or part a( <br />the wages required by the contract, the Contrasting Officer may, after written notice to the Lessor, talcs such action as may be necessary to cause <br />suspension of any further payments or advances until such violations have ceased. <br />