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CITY OF SANTA ANA
<br />PROPOSAL
<br />PROJECT NO.: 17-6897
<br />FLOWER STREET BIKEWAY
<br />FEDERAL PROJECT NO: HSIPL 5063 (187)
<br />MR notify ttiecontradng dficer%dhin the 30•day period that
<br />additional time is necessary.
<br />(4) Thewage rate (inducing fringe banefits where
<br />apprcpdate) determined pu scant to paragraphs 1.11.(2) or
<br />7.b(3) of this section, shall be paid to all workers performing
<br />work it ba classification undartlis contrail from the first
<br />day or wtkfi work Is per i mmad in the classification.
<br />c. Whenever are minimum wage rate pmw ribed In the
<br />contract fora class of lahaaers ormectenks includes a fringe
<br />benefit which a nit expressed as an trouly rate, the contractor
<br />shall eitherpray ttia benefit as stated in ihewage determinaim
<br />or shall pay anotfier bona fide frngaberefit orm hourly cash
<br />equivalent thereof.
<br />d If the contractor does not make payments to a trustee or
<br />other third person, the contractor may consider as part of the
<br />wages of ary laborer or mechanic ttia amount of any costs
<br />reasonably anticpated In providing bore fide fringe berefits
<br />under plan or program, Provided, That the Secretary of
<br />Labor tras found, upon ba mitten request of the oontrador,
<br />that tie applimbla stands rds of the Davis -Bacon Act bare
<br />been met. The Secretary of Labor may require the contactor
<br />to set aside in a separate account assets for the meeting of
<br />obligations under the plan or program.
<br />3. WllhhcldIng
<br />The contacting agency shall upon its own action orupon
<br />wdttm request of an authorbed representative of the
<br />Department of Labor, with4elo orcame lobe wittetrdd from
<br />the contractor under this contact, or any other Federal
<br />contract with ihesame prime contractor. orany other faderally-
<br />assisted contract subject to Davis•Becon prevailing wage
<br />requirements, which is held by the same prime contractor, so
<br />much of this accrued payments or advances as may be
<br />considered necessary to pay laborers and mecbmics.
<br />Including apprentices, trainees, and helpers, empkyW by the
<br />contractor or any subcontractor the ful amount of wages
<br />required by the contract In theevent of failure to pay any
<br />laborerormechanc, including any apprartice, trainee. or
<br />helper, employed or working on the site of the work, al or part
<br />of the wages required by the contract, the contracting agency
<br />may, after written notice to the contactor, take such action as
<br />may be necessary b cause the suspansion of any further
<br />payment, advance, or guarantee of funds untl such vidatiore
<br />have ceased.
<br />S. Payrolls and basle records
<br />a Payrolls and basic records rotating thereto shall be
<br />maintained by the mntradorduring ttecoursa d the work and
<br />preserved for a pafod of three years thereaftar for a 11 laborers
<br />and mechanics wor4ing at the site of tha work. Such records
<br />shall contain tee name, address, and social wority number of
<br />each sucth worker, his or her comredclow ifcatlon, hourly rates
<br />of wages paid (InclhdN rates of contrib utims orcosts
<br />anticipated for bma fda fringe baneflis or cash equivalents
<br />thereof of the types described in section Itbj(2)(B) of the
<br />Dsvis,Baeon Act). daily and weekly number of }sours worked,
<br />dad uctions mad a and actual wog as pad. Whenever the
<br />Secretary d Labor has found under 29 CFR 5.5(a j(1 Xiv) that
<br />the wages of any laborer or mechanic ko lude the amount of
<br />any costs reasonablyanticipated in providing benefits under a
<br />plan or prog ram d asc rib ad in section 1(b X2) (B) of tie Davis.
<br />Bacon Act, tee contractor steal maintain records which show
<br />that to commitment to provide such benefits is enforceable,
<br />4hat the plan orrog ram it Inendalhy responsible, and that the
<br />plan a program has been communicated In writing to the
<br />laborers or rnedh ics affeded and records wtirh shave the
<br />coats anticipated ortte actual cast mou reed In proNdng such
<br />bereiits. Contractors employing apprentices or trainees under
<br />approved progrems shall maintain written evidence of the
<br />registration of apprenliceaf ip programs and cedi iicatiuc of
<br />trainee programs, the registration of th a a p p rendces and
<br />trainees, and the ratios and wage rates prescribed in the
<br />applicable programs.
<br />b. (t) The contractor steal sudnd weekly for each week in
<br />which any contr t work is performed a cry of all payrolls to
<br />the contracting agency. The payroll submitted steal set out
<br />aceuatey and completely all of the information mq used to be
<br />maintained under 29 CFR 5.5(a XaX1). except that full social
<br />s ay numbers and borne addresses shall not be included
<br />on weekly imsmtitals. Instead fie payrolls shall only need b
<br />it , da an individually identifying number for ease anplvyee {
<br />e.g. , the last four digits of the employee's social security
<br />number]. The requred weekly payroll Information may be
<br />submitted in any form desired. Optional Form Wfi347 is
<br />available far his pnrpcse f mom the W age and Hour Division
<br />Web site at htiplhvww.col.gwlesaAwtdlfoamshwt347lra1r.hYn
<br />or its successor site. The prima contractor is fespons"e for
<br />the submission of copies of payrolls by all subcmtracters.
<br />Contractors and subcontaclos shall ma intam the full social
<br />security number and mmmt address of each covered wodcer,
<br />and shall proida them upon request to the contracting agency
<br />for tansmisslon to the State DOT, the FHWA or tee Wage and
<br />Hour Division of the Department of Labor for purposes of an
<br />Investigation or such. of compliance with prevaAng wage
<br />requirements. It is not a violation of 1hs swim for a prime
<br />contractor to requi s a subcontractor h provide addresses and
<br />social security numbers to the prime contractor for its own
<br />records, without weeiey submission to tie contracting agency.
<br />(2) Each paynel su brrdted steal be amcmparied by a
<br />Statement d CompAano&' sighed by the oenbactor or
<br />subconhactoror his or haragentwtw pays orsuper+ruses the
<br />payment of tie persons employed under the contract and shall
<br />certify, the following:
<br />G) That the payroll for the payroll period cents ins the
<br />Information req tired to be providad under§5. 5(a)(3)[ i) of
<br />Regulations, 29 CFR part B thaappropriete Information Is
<br />being maintained under§55 (aX3XI) of Ragulations,29
<br />CFR part 5, and that such information Is oorred and
<br />connplete:
<br />(m) That each Is bore ror machahic [nncluding each
<br />helper, apprentice, and trainee) employed on the contract
<br />c Ong the payo II period has been paid the full weaIdy
<br />wages as mad, without rebate, eictier directly orindiectty,
<br />and that no deductions have been made either tiredly or
<br />Indirectly from the full wages earned, other than
<br />permissible deductions as set forth in Regulations, 29 CFR
<br />part 3:
<br />(i) Ttet each laboreror mechanic has been paid not
<br />less than tie applicable wage rates and hinge benefits or
<br />cash equivalents for the c lassiication of work performed
<br />as specified in the applcable wage dote minatim
<br />Incorporated into the contact.
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