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<br />; )
<br />
<br />The SHA shall upon its own action or upon wrilten request of any
<br />authorized representative of the DOL withhold, or cause (0 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 />Federalty-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 10 satisfy any
<br />liabili1ies of such contractor or subcontractor for unpaid wages and
<br />liquidated damages as provided in the clause sel forth in paragraph
<br />8 above.
<br />
<br />v. STATEMENTS AND PAYROLLS
<br />
<br />$2~~~b:g ~~ r~~~s~:-~~~~~~~~":~~g~fo~O;~je~~s ~X~~:~ig~
<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 />8. Payrolls and basic records relating thereto shall be
<br />maintained by lhe contractor and each subconlraclor 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 ell laborers, meChanics,
<br />:Ft~:f~~r:~r:~nees, watchmen, h~pers. and guards working at (he
<br />
<br />
<br />b. The payroll records shall contain the name, social security
<br />number. ~nd address of each such employee: his or her correct
<br />classification; hOUriy rates of wages paid (including rates or contribu-
<br />tions or costs anllcipaled for bona fide frin~e benefits or cash
<br />equivalent thereof the types described in SectIon 1(b)(2}(B) of the
<br />Davis Bacon Act); daity and weekJy .,umber of hours wor1c:ed;
<br />deductions made; and actual wages paid. In addition, for Appala-
<br />chian contracts,lhe payroll records shall contain a notation indlcaling
<br />whether the employee does, or does nOl, normally reside In the labor
<br />area as defmed in Attachment A, paragraph 1. Whenever the
<br />Secretary of labor, pursuant to Section IV, paragraph 3b, has found
<br />that the wages or any laborer or mechanic include the amount or any
<br />
<br />:;o~~:~a:~b~~~r~~~~~~ ~(~~)(~)ngf ?h~g;~i~~~~~ A~~,nt~~
<br />contractor and each 5ubconlractor shall maintain records which show
<br />that the commHment to provide such benefits is enforceable, that Ihe
<br />plan or program is financially r~onsible, thallhe plan or program
<br />has been communicaled in writing to Ihe laborers or mechanics
<br />affecled, and show the cost anlicipated or the actual cost incurred in
<br />providing benefits. Contractors or subcontractors employing
<br />apprentices or lrainees under approved programs shall marntain
<br />written evidence of the regislration of apprentices and trainees, and
<br />ratios and wage rales presaibed in the ap~icabre programs.
<br />c. Each conlractor 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 or its employees (including
<br />apprentices, trainees, and helpers, described in Section IV, para-
<br />graphs 4 and 5, and wa1chmen and guards engaged on work during
<br />~~ ~~~~~ ~~~k~~~~~~e~~ ~~ej~:~t~~~g~~~ru;~ ~e~
<br />maintained under paragraph 2b of this Section V, This informatIOn
<br />may be submilled in any (orm desired. Oplional Form WH.347 is
<br />available for this purpose and may be purchased from the Superin-
<br />lendenlof Documenls (Federal slock number 029-005-0014-1). U.S.
<br />Governmenl Pr;nting 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 submjtled shall be accompanied by a "Slate-
<br />ment 01 Compliance," signed by the contractor or subcontractor or
<br />~~~~~:9:~~~r~~~t~~c~ufnedrv~~:~ ~~:lt:(~:I~~~: persons
<br />
<br />(1) thai the payroll for Ihe payroll period contains the
<br />information required to be maintained under paragraph 2b of this
<br />Section V and thai such information is correct and complele;
<br />(2) thai such laborer or mechanic (inchJding each helper,
<br />apprentice, and Irainea) employed on the conlracl during the payroll
<br />period has been paid the full weekly wages earned, withoul rebate,
<br />either directly or indirecUy, and that no deductions have been made
<br />
<br />Form FHWA-1273 (Rev. 3-94)
<br />
<br />~~~~~:b~~t~~~~~~r:~t ;~~~~n ~e ~i;~la~~~~290~~~ t~~n
<br />
<br />(3) thai each laborer or mechanic has been paid n~t Jess
<br />thatlhe applicable wage rale and fringe benefits or cash eQurvalent
<br />for the classification of worked performed, as specified in Ihe
<br />applicable wage determination incorporated inlO the contracl.
<br />e. The weekly SUbmission of a properly executed certification
<br />~he~ f::::'~i~~~~ti~~i~b~?:S~nOgt~~~~~m~~..~~7 CSo~~lf:~~~
<br />required by paragraph 2d or lIlis Section V.
<br />
<br />sUbj~i Ih~~~n~~~5c~~:t~0~vi~~ra~m~~a~h;ro=~tio~e~~:1~8n8 .&C!
<br />1001 and 31 U.S.C. 231.
<br />
<br />g, The contractor or subcontractor Shall make the records
<br />~j~~j~j~~~r::~~~~(~ O~~h~~~:~~ ~e~;:~':~::tf~~~n~r~c~
<br />SHA, the FHWA. or Ihe DOL. and shall permil such representatives
<br />10 interview employees during working. hours on the job. If the
<br />contractor or subcontrador fails 10 submit the required records or to
<br />make lIlem available. Ihe SHA. Ihe FHWA. Ihe DOL. or all may. aher
<br />written notice to the contractor, sponsor, applicant, or owner, take
<br />such actiOfls as may be necessary to cause the suspension of any
<br />further payment, advance, or guarantee of funds. Furthermore,
<br />failure to submit the required records upon request or 10 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 />
<br />,. On all Federal-aid contracts on the Nalional Highway System,
<br />except 1hose which provide solely for the installaHon of prolective
<br />devices al railroad grade crossin9s, Ihose which are constructed on
<br />a force account or direct labor baSIS, highway beautification contracts,
<br />
<br />:~g ~~~~:f~~~: ~~~1t~~O~~Jrii~~ COF~t63~;~~ec:~::C~~~~r:
<br />
<br />a. Become familiar with the fist of specific male rials and
<br />~~g~~Ss:~:~~t~~~~~f ~~~~~~~~~~~II~~~v~~~ri;~Sd:~~
<br />Funds," prior to the commencement of work under Ih;s contract.
<br />b. Maintain a record of the total cost of all materials and
<br />supplies purchased for and incorporated in Ihe work, and also of the
<br />quantilies of lOOse specific materials and supplies listed on Form
<br />FHWA-47. and in Ihe units shown on Form FHWA-47.
<br />c. Furnish, upon the completion of rhe contract, to the SHA
<br />resklenl engineer on Form FHWA-47 togelher wilh the data required
<br />in paragraph 1b relative to materials and supplies, a final labor
<br />summary 01 aU contracl work indicating the lolal hours worked and
<br />the lotal amount earned.
<br />2, Altha prime contractor's option, either a single report covering
<br />all conlract work or separate reports for the contraclor and for each
<br />subcontract shall be submitted.
<br />
<br />VII. SUBLETTING OR ASSIGNING THE CONTRACT
<br />
<br />1. The contraclor shall perform with its own organizalion contracl
<br />work amounling to nolless lhan 30 percenl (or a grealer percentage
<br />if specified elsewhere in the contract) of the total original contract
<br />
<br />~~a:;~~~i~fln:yn6e ~c~:::red~;:Ub~~~ea~~nd ~he ~~O~~I~f
<br />any such speaany ilems performed may be deducted from Ihe lolal
<br />original Conlract price before computing the amount of work required
<br />10 be performed by the conlraclo(s own organi2alion (23 CFR 635).
<br />a. "Its own organizalion" shall be construed to include only
<br />workers employed and paid directly by the prime contraclor and
<br />eQuiprnenl owned or rented by the prime conlrador, with or without
<br />operators. Such term does nol include employees or equipment of
<br />
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