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DocuSign Envelope ID.07C464C4-FDB6-434A-A01 B-558064E4E858
<br /> PO#:461001815
<br /> Routing#:22-1-IA3-ZG-00070
<br /> fringe benefits,where appropriate),the contracting officer shall refer the questions,including the views of all interested
<br /> parties and the recommendation of the contracting officer,to the Wage and Hour Administrator for determination.The
<br /> Wage and Hour Administrator,or an authorized representative,will issue a determination within 30 days of receipt and
<br /> so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is
<br /> necessary.
<br /> (4) The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs Lb.(2)or Lb.(3)of this
<br /> section,shall be paid to all workers performing work in the classification under this contract from the first day on which
<br /> work is performed in the classification.
<br /> c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit
<br /> which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination or shall
<br /> pay another bona fide fringe benefit or an hourly cash equivalent thereof.
<br /> d. If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the wages
<br /> of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan
<br /> or program,Provided,That the Secretary of Labor has found,upon the written request of the contractor,that the applicable
<br /> standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the contractor to set aside in a separate
<br /> account asset for the meeting of obligations under the plan or program.
<br /> 2. Withholding
<br /> The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of
<br /> Labor,withhold or cause to be withheld from the contractor under this contract,or any other Federal contract with the same
<br /> prime contractor,or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held
<br /> by the same prime contractor,so much of the accrued payments or advances as may be considered necessary to pay laborers and
<br /> mechanics, including apprentices, trainees, and helpers,employed by the contractor or any subcontractor the full amount of
<br /> wages required by the contract. In the event of failure to pay any laborer or mechanic,including any apprentice, trainee,or
<br /> helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency
<br /> may,after written notice to the contractor,take such action as may be necessary to cause the suspension of any further payment,
<br /> advance,or guarantee of funds until such violations have ceased.
<br /> 3. Payrolls and basic records
<br /> a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved
<br /> for a period of three years thereafter for all laborers and mechanics working at the site of the work Such records shall contain
<br /> the name,address,and social security number of each such worker,his or her correct classification,hourly rates of wages
<br /> paid(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types
<br /> described in section I(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked,deductions made and
<br /> actual wages paid.Whenever the Secretary of Labor has found under 29 CFR 5 5(a)(1)(iv)that the wages of any laborer or
<br /> mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in
<br /> section l(b)(2)(B)of the Davis-Bacon Act,the contractor shall maintain records which show that the commitment to provide
<br /> such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been
<br /> communicated in writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual
<br /> cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall
<br /> maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration
<br /> of the apprentices and trainees,and the ratios and wage rates prescribed in the applicable programs.
<br /> b
<br /> (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the
<br /> contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to
<br /> be 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 shall 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 W H-347 is available for this purpose from the Wage
<br /> and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime
<br /> contractor is responsible for the submission of copies of payrolls by all subcontractors.Contractors and subcontractors
<br /> shall maintain the full social security number and current address of each covered worker and shall provide them upon
<br /> request to the contracting agency for transmission to the State DOT,the FHWA or the Wage and Hour Division of the
<br /> Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements.It is
<br /> not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security
<br /> numbers to the prime contractor for its own records,without weekly submission to the contracting agency.
<br /> (2) Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the contractor or subcontractor
<br /> or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the
<br /> following:
<br /> (i) That the payroll for the payroll period contains the information required to be provided under§5.5(a)(3)(n)of
<br /> Regulations,29 CFR part 5,the appropriate information is being maintained under§5.5(a)(3)(i)of Regulations,
<br /> 29 CFR part 5,and that such information is correct and complete;
<br /> (ii) That each laborer or mechanic(including each helper,apprentice,and trainee)employed on the contract during
<br /> the payroll period has been paid the full weekly wages earned,without rebate,either directly or indirectly,and
<br /> that no deductions have been made either directly or indirectly from the full wages earned,other than permissible
<br /> deductions as set forth in Regulations,29 CFR part 3;
<br /> (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash
<br /> equivalents for the classification of work performed, as specified in the applicable wage determination
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