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2020 Annual Labor Contract
<br />RFP #2020039
<br />federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the
<br />same prime contractor, so much of the accrued payments or advances as may be considered necessary
<br />to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor
<br />or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any
<br />laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the
<br />work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction
<br />or development of the project), all or part of the wages required by the contract, the COUNTY may, after
<br />written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to
<br />cause the suspension of any further payment, advance, or guarantee of funds until such violations have
<br />ceased.
<br />9.3.3 Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be
<br />maintained by the contractor during the course of the work and preserved for a period of three years
<br />thereafter for all laborers and mechanics working at the site of the work (or under the United States
<br />Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project).
<br />Such records shall contain the name, address, and social security number of each such worker, his or her
<br />correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for
<br />bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the
<br />Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.
<br />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
<br />program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records
<br />which show that the commitment to provide such benefits is enforceable, that the plan or program is
<br />financially responsible, and that the plan or program has been communicated in writing to the laborers
<br />or mechanics affected, and records which show the costs anticipated or the actual cost incurred in
<br />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
<br />programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in
<br />the applicable programs.
<br />(ii)(A) The contractor shall submit weekly for each week in which any contract work is
<br />performed a copy of all payrolls to the Federal Emergency Management Agency (FEMA) if the agency is a
<br />party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the
<br />applicant, sponsor, or owner, as the case may be, for transmission to FEMA. The payrolls submitted shall
<br />set out accurately and completely all of the information required to be maintained under 29 CFR
<br />5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly
<br />transmittals. Instead the payrolls shall only need to include an individually identifying number for each
<br />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 WH -347 is available for this purpose
<br />from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its
<br />successor site. The prime contractor is responsible for the submission of copies of payrolls by all
<br />subcontractors. Contractors and subcontractors shall maintain the full social security number and current
<br />address of each covered worker, and shall provide them upon request to FEMA if the agency is a party to
<br />the contract, but if the agency is not such a party, the contractor will submit them to the applicant,
<br />sponsor, or owner, as the case may be, for transmission to FEMA, the contractor, or the Wage and Hour
<br />Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing
<br />wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor
<br />to provide addresses and social security numbers to the prime contractor for its own records, without
<br />weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner).
<br />Sample Agreement - Page 14 of 21
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