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The SHA shall upon its own action or upon written request of any
<br />authorized representative of the DOL withhold, or cause to be
<br />withheld, from any monies payable on account of work performed by
<br />the contractor or subcontractor under any such contract or any other
<br />Federal contract with the same prime contractor, or any other
<br />Federally -assisted contract subject to the Contract Work Hours and
<br />Safety Standards Act, which is held by the same prime contractor,
<br />such sums as may be determined to be necessary to satisfy any
<br />liabilities of such contractor or subcontractor for unpaid wages and
<br />liquidated damages as provided in the clause set forth in paragraph
<br />8 above.
<br />V, STATEMENTS AND PAYROLLS
<br />(Applicable to all Federal -aid construction contracts exceeding
<br />$2,000 and to all related subcontracts, except for projects located on
<br />roadways classified as local roads or rural collectors, which are
<br />exempt.)
<br />1. Compliance with Copeland Regulations (29 CFR 3):
<br />The contractor shall comply with the Copeland Regulations of the
<br />Secretary of Labor which are herein incorporated by reference.
<br />2. Payrolls and Payroll Records:
<br />a. Payrolls and basic records relating thereto shall be
<br />maintained by the contractor and each subcontractor during the
<br />course of the work and preserved for a period of 3 years from the
<br />date of completion of the contract for all laborers, mechanics,
<br />apprentices, trainees, watchmen, helpers, and guards working at the
<br />site of the work.
<br />b. The payroll records shall contain the name, social security
<br />number, and address of each such employee; his or her correct
<br />classification; hourly rates of wages paid (including rates of contribu-
<br />tions or costs anticipated for bona fide fringe benefits or cash
<br />equivalent thereof the types described in Section 1(b)(2)(B) of the
<br />Davis Bacon Act); daily and weekly number of hours worked;
<br />deductions made; and actual wages paid. In addition, for Appala-
<br />chian contracts, the payroll records shall contain a notation indicating
<br />whether the employee does, or does not, normally reside in the labor
<br />area as defined In Attachment A, paragraph 1. Whenever the
<br />Secretary of Labor, pursuant to Section IV, paragraph 3b, has found
<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
<br />program described in Section 1(b)(2)(B) of the Davis Bacon Act, the
<br />contractor and each subcontractor shall maintain records which show
<br />that the commitment to provide such benefits is enforceable, that the
<br />plan or program is financially responsible, that the plan or program
<br />has been communicated in writing to the laborers or mechanics
<br />affected, and show the cost anticipated or the actual cost incurred in
<br />providing benefits. Contractors or subcontractors employing
<br />apprentices or trainees under approved programs shall maintain
<br />written evidence of the registration of apprentices and trainees, and
<br />ratios and wage rates prescribed in the applicable programs.
<br />c. Each contractor and subcontractor shall furnish, each week
<br />in which any contract work is performed, to the SHA resident
<br />engineer a payroll of wages paid each of its employees (including
<br />apprentices, trainees, and helpers, described in Section IV, para-
<br />graphs 4 and 5, and watchmen and guards engaged on work during
<br />the preceding weekly payroll period). The payroll submitted shall set
<br />out accurately and completely all of the information required to be
<br />maintained under paragraph 2b of this Section V. This information
<br />may be submitted in any form desired. Optional Form WH -347 is
<br />available for this purpose and may be purchased from the Superin-
<br />tendent of Documents (Federal stock number 029-005-0014-1), U.S.
<br />Government Printing Office, Washington, D.C. 20402. The prime
<br />contractor is responsible for the submission of copies of payrolls by
<br />all subcontractors.
<br />d. Each payroll submitted shall be accompanied by a "State-
<br />ment of Compliance," signed by the contractor or subcontractor or
<br />his/her agent who pays or supervises the payment of the persons
<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 thohe payroll
<br />period has been paid the full weekly wages earned, witut rebate,
<br />either directly or indirectly, and that no deductions have been made
<br />either directly or indirectly from the full wages earned, other than
<br />permissible deductions as set forth In the Regulations, 29 CFR 3;
<br />(3) that each laborer or mechanic has been paid not less
<br />that the applicable wage rate and fringe benefits or cash equivalent
<br />for the classification of worked performed, as specified in the
<br />applicable wage determination incorporated into the contract.
<br />e. The weekly submission of a property executed certification
<br />set forth on the reverse side of Optional Form WH -347 shall satisfy
<br />the requirement for submission of the "Statement of Compliance"
<br />required by paragraph 2d of this Section V.
<br />f. The falsification of any of the above certifications may
<br />subject the contractor to civil or criminal prosecution under 18 U.S.C.
<br />1001 and 31 U.S.G. 231.
<br />g. The contractor or subcontractor shall make the records
<br />required under paragraph 2b of this Section V available for inspec-
<br />tion, copyingg or transcription by authorized representatives of the
<br />SHA, the FHWA, or the DOL, and shall permit such representatives
<br />to interview employees during working hours on the job. If the
<br />contractor or subcontractor fails to submit the required records or to
<br />make them availa ble, the SHA, the FHWA, the DOL, or all may, after
<br />written notice to the contractor, sponsor, applicant, or owner, take
<br />such actions as may be necessary to cause the suspenslon of any
<br />further payment, advance, or guarantee of funds. Furthermore,
<br />failure to submit the required records upon request or to make such
<br />records available may be grounds for debarment action pursuant to
<br />29 CFR 5.12.
<br />VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
<br />1. On all Federal -aid contracts on the National Highway System,
<br />except those which provide solely for the installation of protective
<br />devices at railroad grade crossings. those which are constructed on
<br />a force account or direct labor basis, highway beautification contracts,
<br />and contracts for which the total final construction cost for roadway
<br />and bridge is less than $1,000,000 (23 CFR 635) the contractor shall:
<br />a. Become familiar with the list of specific materials and
<br />supplies contained in Form FHWA47, "Statement of Materials and
<br />LaborUsed by Contractorof Highway Construction Involving Federal
<br />Funds," prior to the commencement of work under this contract.
<br />b. Maintain a record of the total cost of all materials and
<br />supplies purchased for and incorporated in the work. and also of the
<br />quantities of those specific materials and supplies listed on Form
<br />FHWA-47, and in the units shown on Form FHWA-47.
<br />c. Furnish, upon the completion of the contract, to the SHA
<br />resident engineer on Form FHWA-47 together with the data required
<br />in paragraph 1b relative to materials and supplies, a final labor
<br />surnmiary of all contract work indicating the total hours worked and
<br />the total amount earned,
<br />2. At the prime contractor's option, either a single report covering
<br />all contract work or separate reports for the contractor and for each
<br />subcontract shall be submitted.
<br />VII. SUBLETTING OR ASSIGNING THE CONTRACT
<br />1. The contractor shall perform with its own organization contract
<br />work amounting to not less than 30 percent (or a greater percentage
<br />if specified elsewhere in the contract) of the total original contract
<br />price, excluding any specialty items designated by the State.
<br />Specialty items may be performed by subcontract and the amount of
<br />any such specialty items performed may be deducted from the total
<br />on trial contract price before computing the amount of work required
<br />to be performed by the contractor's own organization (23 CFR 635).
<br />a. "Its own organization" shall be construed to Include only
<br />workers employed and paid directly by the prime contractor and
<br />equipment owned or rented by the prime contractor, with or without
<br />operators. Such term does not include employees or equipment of
<br />Form FHWA-1273 (Rev. 3-94) Pages
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