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The SHA shall upon its own action or upon written request of any either directly or indirectly from the full wages earned , other
<br /> than
<br /> authorized representative of the DOL withhold , or cause to be permissible deductions as set forth in the Regulations, 29
<br /> CFR 3 ;
<br /> withheld , from any monies payable on account of work performed by
<br /> the contractor or subcontractor under any such contract or any other (3 ) that each laborer or mechanic has been paid not less
<br /> Federal contract with the same prime contractor, or any other that the applicable wage rate and fringe benefits or cash
<br /> equivalent
<br /> Federally-assisted contract subject to the Contract Work Hours and for the classification of worked performed , as specified in
<br /> the
<br /> Safety Standards Act, which is held by the same prime contractor, applicable wage determination incorporated into the contract.
<br /> such sums as may be determined to be necessary to satisfy any
<br /> liabilities of such contractor or subcontractor for unpaid wages and e . The weekly submission of a properly executed certification
<br /> liquidated damages as provided in the clause set forth in paragraph set forth on the reverse side of Optional Form WH-347 shall
<br /> satisfy
<br /> 8 above . the requirement for submission of the "Statement of Compliance"
<br /> V. STATEMENTS AND PAYROLLS required by paragraph 2d of this Section V.
<br /> f. The falsification of any of the above certifications may
<br /> (Applicable to all Federal-aid construction contracts exceeding subject the contractor to civil or criminal prosecution under 18 U . S .C .
<br /> $2 , 000 and to all related subcontracts, except for projects located on 1001 and 31 U . S . C . 231 .
<br /> roadways classified as local roads or rural collectors , which are
<br /> exempt. ) g . The contractor or subcontractor shall make the records
<br /> required under paragraph 2b of this Section V available for inspec-
<br /> 1 . Compliance with Copeland Regulations (29 CFR 3) : tion , copying , or transcription by authorized representatives of the
<br /> SHA, the FHWA, or the DOL , and shall permit such representatives
<br /> The contractor shall comply with the Copeland Regulations of the to interview employees during working hours on the job . If
<br />the
<br /> Secretary of Labor which are herein incorporated by reference . contractor or subcontractor fails to submit the required records or to
<br /> make them available , the SHA, the FHWA, the DOL , or all may, after
<br /> 2 . Payrolls and Payroll Records : written notice to the contractor , sponsor, applicant, or owner , take
<br /> such actions as may be necessary to cause the suspension of any
<br /> a . Payrolls and basic records relating thereto shall be further payment, advance , or guarantee of funds .
<br /> Furthermore ,
<br /> maintained by the contractor and each subcontractor during the failure to submit the required records upon request or to make
<br /> such
<br /> course of the work and preserved for a period of 3 years from the records available may be grounds for debarment action pursuant
<br /> to
<br /> date of completion of the contract for all laborers , mechanics , 29 CFR 5 . 12 .
<br /> apprentices, trainees , watchmen , helpers , and guards working at the
<br /> site of the work . VI . RECORD OF MATERIALS , SUPPLIES , AND LABOR
<br /> b . The payroll records shall contain the name , social security 1 . On all Federal-aid contracts on the National Highway System ,
<br /> number, and address of each such employee ; his or her correct except those which provide solely for the installation
<br /> of protective
<br /> classification ; hourly rates of wages paid (including rates of contribu- devices at railroad grade crossings , those which are constructed on
<br /> tions or costs anticipated for bona fide fringe benefits or cash a force account ordirect labor basis , highway beautification
<br /> contracts ,
<br /> equivalent thereof the types described in Section 1 ( b )(2 )( B ) of the and contracts for which the total final construction cost
<br /> for roadway
<br /> Davis Bacon Act); daily and weekly number of hours worked ; and bridge is less than $ 1 , 000 , 000 (23 CFR 635) the
<br /> contractor shall :
<br /> deductions made ; and actual wages paid . In addition , for Appala-
<br /> chian contracts, the payroll records shall contain a notation indicating a . Become familiar with the list of specific materials
<br /> and
<br /> whether the employee does , or does not, normally reside in the labor supplies contained in Form FHWA-47 , " Statement of Materials and
<br /> area as defined in Attachment A, paragraph 1 . Whenever the Labor Used by Contractor of Highway Construction Involving Federal
<br /> Secretary of Labor, pursuant to Section IV, paragraph 3b , has found Funds , " prior to the commencement of work under this contract.
<br /> that the wages of any laborer or mechanic include the amount of any
<br /> costs reasonably anticipated in providing benefits under a plan or b . Maintain a record of the total cost of all
<br />materials and
<br /> program described in Section 1 (b)(2 )( B ) of the Davis Bacon Act, the supplies purchased for and incorporated in the work , and also of
<br /> the
<br /> contractorand each subcontractor shall maintain recordswhich show quantities of those specific materials and supplies listed on Form
<br /> that the commitment to provide such benefits is enforceable , that the FHWA-47 , and in the units shown on Form FHWA-47.
<br /> plan or program is financially responsible , that the plan or program
<br /> has been communicated in writing to the laborers or mechanics c. Furnish , upon the completion of the contract, to the
<br /> SHA
<br /> affected , and show the cost anticipated or the actual cost incurred in resident engineer on Form FHWA-47 together with the data required
<br /> providing benefits . Contractors or subcontractors employing in paragraph 1b relative to materials and supplies ,
<br /> a final labor
<br /> apprentices or trainees under approved programs shall maintain summary of all contract work indicating the total hours worked
<br /> and
<br /> written evidence of the registration of apprentices and trainees , and the total amount earned .
<br /> ratios and wage rates prescribed in the applicable programs .
<br /> 2 . At the prime contractor's option , either a single report covering
<br /> c. Each contractor and subcontractor shall furnish , each week all contract work or separate reports for the contractor and for each
<br /> in which any contract work is performed , to the SHA resident subcontract shall be submitted .
<br /> engineer a payroll of wages paid each of its employees ( including
<br /> apprentices , trainees , and helpers , described in Section IV, para- VII . SUBLETTING OR ASSIGNING THE CONTRACT
<br /> graphs 4 and 5 , and watchmen and guards engaged on work during
<br /> the preceding weekly payroll period ) . The payroll submitted shall set 1 . The contractor shall perform with its own organization contract
<br /> out accurately and completely all of the information required to be work amounting to not less than 30 percent (or a greater percentage
<br /> maintained under paragraph 2b of this Section V. This information if specified elsewhere in the contract) of the total original
<br /> contract
<br /> may be submitted in any form desired . Optional Form WH-347 is price , excluding any specialty items designated
<br />by the State .
<br /> available for this purpose and may be purchased from the Superin- Specialty items may be performed by subcontract and the amount of
<br /> tendent of Documents ( Federal stock number 029-005-0014- 1 ) , U . S . any such specialty items performed may be deducted from the total
<br /> Government Printing Office , Washington , D . C . 20402 . The prime original contract price before computing the amount of work required
<br /> contractor is responsible for the submission of copies of payrolls by to be performed by the contractor's own organization (23 CFR 635 )
<br />.
<br /> all subcontractors .
<br /> a . " Its own organization" shall be construed to include only
<br /> d . Each payroll submitted shall be accompanied by a "State- workers employed and paid directly by the prime contractor
<br /> and
<br /> ment of Compliance , " signed by the contractor or subcontractor or equipment owned or rented by the prime contractor, with or without
<br /> his/her agent who pays or supervises the payment of the persons operators . Such term does not include employees or equipment of
<br /> employed under the contract and shall certify the following :
<br /> ( 1 ) that the payroll for the payroll period contains the
<br /> information required to be maintained under paragraph 2b of this
<br /> Section V and that such information is correct and complete ;
<br /> (2 ) that such laborer or mechanic ( including each helper ,
<br /> apprentice , and trainee) employed on the contract during the payroll
<br /> period has been paid the full weekly wages earned , without rebate,
<br /> either directly or indirectly, and that no deductions have been made
<br /> Form FHWA- 1273 ( Rev . 3-94 ) Page 5
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