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2021-161
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Last modified
10/19/2021 2:52:53 PM
Creation date
10/19/2021 2:50:30 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/05/2021
Control Number
2021-161
Agenda Item Number
8.P.
Entity Name
C.W. Roberts Contracting, Inc.
Subject
Agreement for Annual Asphalt Paving & Resurfacing Countywide
Bid Number
2020042
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Agreement <br />Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever <br />the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic <br />include the amount of any costs reasonably anticipated in providing benefits under a plan or program <br />described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show <br />that the commitment to provide such benefits is enforceable, that the plan or program is financially <br />responsible, and that the plan or program has been communicated in writing to the laborers or mechanics <br />affected, and records which show the costs anticipated or the actual cost incurred in providing such <br />benefits. Contractors employing apprentices or trainees under approved programs shall maintain written <br />evidence of the registration of apprenticeship programs and certification of trainee programs, the <br />registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable <br />programs. <br />(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy <br />of all payrolls to the Federal Emergency Management Agency (FEMA) if the agency is a party to the <br />contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, <br />sponsor, or owner, as the case may be, for transmission to FEMA. The payrolls submitted shall set out <br />accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), <br />except that full social security numbers and home addresses shall not be included on weekly transmittals. <br />Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., <br />the last four digits of the employee's social security number). The required weekly payroll information <br />may be submitted in any form desired. Optional Form WH -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. <br />The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. <br />Contractors and subcontractors shall maintain the full social security number and current address of each <br />covered worker, and shall provide them upon request to FEMA if the agency is a party to the contract, but <br />if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as <br />the case may be, for transmission to FEMA, the contractor, or the Wage and Hour Division of the <br />Department of Labor for purposes of an investigation or audit of compliance with prevailing wage <br />requirements. It is not a violation of this section for a prime contractor to require a subcontractor to <br />provide addresses and social security numbers to the prime contractor for its own records, without weekly <br />submission to the sponsoring government agency (or the applicant, sponsor, or owner). <br />(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor <br />or subcontractor or his or her agent who pays or supervises the payment of the persons employed under <br />the contract and shall certify the following: <br />(1) That the payroll for the payroll period contains the information required to be provided under §5.5 <br />(a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) <br />of Regulations, 29 CFR part 5, and that such information is correct and complete; <br />(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the <br />contract during the payroll period has been paid the full weekly wages earned, without rebate, either <br />directly or indirectly, and that no deductions have been made either directly or indirectly from the full <br />wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; <br />(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits <br />or cash equivalents for the classification of work performed, as specified in the applicable wage <br />determination incorporated into the contract. <br />Page 8 of 17 <br />
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