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Local Assistance Procedures Manual EXHIBIT 12-E
<br />PS&E Checklist Instructions Attachment B
<br />will notify the contracting officer within the 30 -day period that
<br />additional time is necessary.
<br />(4) The wage rate (including fringe benefits where
<br />appropriate) determined pursuant to paragraphs i.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 classificat7on.
<br />c- Whenever the mirumum vrsge rate prescribed In the
<br />contract for class of laborers or machanice Includes afringe
<br />benefit which is not expressed as an hourly rote, the contractor
<br />shag either pay the benefit as stated in the wage determination
<br />or shall pay another bona fade fringe benefit or an hourly cash
<br />equivalent Otereo€.
<br />d. Me cdntractordoes not make payments to a trustee or
<br />otherthird person, the contractor may consider as part atthe
<br />wages of any laborer or mechanic the amount of any casts
<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 explicable standards of the Davis -Bacon Act have
<br />been met. The Secretary of Labor may require the contactor
<br />to set aside In a separate account assets for the merefing at
<br />obligations under the plan or program.
<br />2. Withholding
<br />The contracting agency shall upon its own action or upon
<br />written request of an authorized representative of the
<br />Depadment of Labor, withhold or cause to be withheld from
<br />the contractor under this contrast, a any other Federal
<br />contract with the same prime contractor, or any other fedemgy-
<br />asslsted cortmd subject to Danis -Bacon prevailing wage
<br />requirements, which is held by the same prime crnbador, so
<br />muds of the accrued payments or advances as may be
<br />camsideref 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 contact In the event of falure to pay any
<br />laborer ar 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 contact, the contracting agency
<br />may, after notice to the con rador, take such action as
<br />may be necessary to cause the suspension of any further
<br />paymeM, advance, or guarantee of hinds until such violations
<br />have ceased.
<br />3. Payrolls and basic records
<br />a Payrdls and basic records relating thereto shall be
<br />maintained by the contractor during the course of the work and
<br />preserved fora period Mtinree years thereafter for an laborers
<br />and mechanics working at the site of the work. Such records
<br />shall contain the new, address, and soda€ security number of
<br />each such woker, his or her correct classification, hourly rates
<br />M wages paid (Including rates of contributions or costs
<br />anticipated for bona fide fringe benefits or cash equivalents
<br />thereof of the We described In section 1{b)(2y[l) of the
<br />Davis -Bacon Ad), daily and weekly number of hours worked,
<br />deductions made sand actual wages paid. Whenever the
<br />Secretary of Labor has found under 29 CFR 5.5(x)(1 Xiv) 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 />OB
<br />avin
<br />OB 12-05
<br />Bacon Act, the canhactor shag maintain recants which show
<br />that Me commitment to provide such bM§ts is enforceable,
<br />that Me plan or program is financially responsible, and that the
<br />plan or Program has been communicated in writing to the
<br />laborers or mechanics akfectad, and records which show the
<br />costs anticipated or the anduai cost incurred In pmvidkng such
<br />benefits. Contractors employing apprentices orhainees under
<br />approved programs shall mairdain written evidence of the
<br />registration ofapprenticeship gams and celfificabon of
<br />trainee programs. the registration of the apprentices and
<br />trainees, and the redw and wage rates prescribed in the
<br />applicable programs.
<br />b.(1) The contractor shall submit YAWAYfor each week in
<br />v.fiWh any contract work is performed a copy of all paymgs to
<br />the contracting agency- The payrolls submitled shalt set out
<br />aocumteiy and comptately all of the information required to be
<br />maintained under 29 CFR 5.5(aH3}(0, except that full social
<br />security numbers and home addresses shag not be included
<br />on weekly tmnsmi tens. Instead the payrolls shag only need to
<br />include an individually Identifying number for each employee {
<br />e.g-, the last four digits Of the employees social security
<br />number)- The required weekly payroll Information may be
<br />submitted In any form deared. fiakorml Form WH -34p is
<br />available for this purpose from the wage and Hour Division
<br />Web site at htIP:Ihs .do[.govfiesarwirlrfomisfwh347h& hhn
<br />or its successor site. The prime contacts is responsible for
<br />the submission. of copies of payrolls by all subcontractors.
<br />Contractors and subcontractors shall maintain the kill social
<br />security number and cumerd 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 ar the wage and
<br />Hour Division of the Depadmentof Labor for purposes of an
<br />investigation or audit of compliance oath prevailing wage
<br />requirements. It is act a violation of this section for a prime
<br />contractor to require a subconhactorto provide addresses rad
<br />social secudtg numbers to the prime cottractarf r its own
<br />records, without weekly submission to the contacting agency..
<br />(1) Each payroll submitted shall be accompanied by a
<br />'Statement of Compliance," signed by the contractor 0
<br />subcontractors his Or her agent who pays or supervises the
<br />Payment of the persons employed under the contract and shall
<br />certify the following:.
<br />() That the payroll for the payroll Period moraine the
<br />fMdnnabon required to be provided under §5.5 (a)(3j(hi) of
<br />Regulations, 29 CFR part 5, the appropriate information is
<br />being maintained under §55 (a)(3)(i) of Regulations, 29
<br />CFR Part 5, and that such information is correct and
<br />complete;
<br />(11) That each laborer or helper, apprentice, and trzinee ticlayed on the
<br />each
<br />ptnyed on the centrad
<br />during time payroll period has been paid the full weekly
<br />wages earned, without rebels, either directly or Indirecty,
<br />and that no deductions have been made eiOrer directly or
<br />indirectly from the full wages eamK other than
<br />Permissible deductions as set forth in Regulations, 29 CFR
<br />part 3;
<br />000 That each laboarar mechanic has been paid not
<br />less than Ore applicable wage rates and fringe heralds or
<br />cash equivalents for the classification of work performed,
<br />as specified in the applicable wage determination
<br />incorporated into the ceadecL
<br />Page 12-15
<br />July 31, 2012
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