|
(iv)If the contractor does not make payments to a trustee or other third person,the contractor may consider
<br /> as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing
<br /> bona fide fringe benefits under a plan or program,Provided,That the Secretary of Labor has found,upon
<br /> the written request of the contractor,that the applicable standards of the Davis-Bacon Act have been met.
<br /> The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting
<br /> of obligations under the plan or program.
<br /> (2)Withholding.The sub recipient(s),shall upon written request of the EPA Award Official or an authorized
<br /> representative of the Department of Labor,withhold or cause to be withheld from the contractor under this
<br /> contract or any other Federal contract with the same prime contractor, or any other federally-assisted
<br /> contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor,
<br /> so much of the accrued payments or advances as may be considered necessary to pay laborers and
<br /> mechanics,including apprentices,trainees,and helpers,employed by the contractor or any subcontractor
<br /> the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic,
<br /> including any apprentice,trainee,or helper,employed or working on the site of the work,all or part of the
<br /> wages required by the contract,the(Agency)may,after written notice to the contractor,sponsor,applicant,
<br /> or owner,take such action as may be necessary to cause the suspension of any further payment,advance,
<br /> or guarantee of funds until such violations have ceased.
<br /> (3)Payrolls and basic records.
<br /> (i)Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the
<br /> work and preserved for a period of three years thereafter for all laborers and mechanics working at the site
<br /> of the work.Such records shall contain the name,address,and social security number of each such worker,
<br /> his or her correct classification, hourly rates of wages paid (including rates of contributions or costs
<br /> anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section
<br /> 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked,deductions made and actual
<br /> wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any
<br /> laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a
<br /> plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain
<br /> records which show that the commitment to provide such benefits is enforceable,that the plan or program
<br /> is financially responsible,and that the plan or program has been communicated in writing to the laborers or
<br /> mechanics affected,and records which show the costs anticipated or the actual cost incurred in providing
<br /> such benefits. Contractors employing apprentices or trainees under approved programs shall maintain
<br /> written 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 sub recipient, that is, the entity that receives the sub-grant or loan from the State
<br /> capitalization grant recipient. Such documentation shall be available on request of the State recipient or
<br /> EPA. As to each payroll copy received, the sub recipient shall provide written confirmation in a form
<br /> satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29
<br /> CFR 5.5(a)(1)based on the most recent payroll copies for the specified week.The payrolls shall set out
<br /> accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i),except
<br /> that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead
<br /> the payrolls shall only need to include an individually identifying number for each employee(e.g.,the last
<br /> four digits of the employee's social security number). The required weekly payroll information may be
<br /> submitted in any form desired.Optional Form WH-347 is available for this purpose from the Wage and Hour
<br /> Division Web site at http://www.dol.gov/whdtforms/wh347instr.htm or its successor site. The prime
<br /> contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and
<br /> subcontractors shall maintain the full social security number and current address of each covered worker,
<br /> and shall provide them upon request to the sub recipient(s)for transmission to the State or EPA if requested
<br /> by EPA,the State,the contractor,or the Wage and Hour Division of the Department of Labor for purposes
<br /> of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this
<br /> D-15
<br />
|