CITY OF SANTA ANA
<br />PROPOSAL
<br />PROJECT NO.: 17-6897
<br />FLOWER STREET BIKEWAY
<br />FEDERAL PROJECT NO: HSIPL 5063 (187)
<br />will notify the cortracting officer within fee 36day period that
<br />additional time Is necessary.
<br />(4)The wage into (including fringe benefits whore
<br />appropriate) determined pursuant b paragraphs 1.b.(2) or
<br />1 A(3) of this section, shall I be paid to all workers performing
<br />work h the classification under this contract from the first
<br />day on which work is performed in the classification.
<br />c. Whenever the minimum wage rate prescribed in the
<br />contract fora class of laborers or mectrrnics Includes a fringe
<br />benefitwhtch is not expressed as an hourly rate, the contactor
<br />shall either pay the benefit as sided in iota wage determination
<br />or shall pay another bona fide fringe benefit or an lroudy cash
<br />equivalent thereof.
<br />d If the contractor does not make paymenisto a trustee or
<br />Otherthird persorr, the contractor maycoastder as part of the
<br />wages of any laborer ormedhanic the amount of any costs
<br />reasonably anticipated in providing bona fide fringe benefds
<br />under plan or program, Provided, That the Secretary of
<br />Labor has found, upon Ire written request of the contractor,
<br />that the applicable standards of the DavisBac on Act havo
<br />bem cod. 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 pan or program.
<br />2. Withholding
<br />The contracting agency she upon its own action or upon
<br />written request of an authorized representative of the
<br />Departahenl of Labor, withhold "cause labs withheld from
<br />the contractor under this contact, a any other Federal
<br />contact with the same prkne contract", orary other federally•
<br />assisted contract subject to Davis Bacon prevailing wage
<br />requirements, whkh is held by the same prime ountractor, se
<br />much of the accrued payments or advances as may be
<br />considered necessary to pay laborers and mechanics,
<br />including apprentices, panes, and helpers, employed by the
<br />contractor or my subcontractor the full amount of wages
<br />required by the contract in the event of failum to pay my
<br />laborer or mechanic, including any apprentice, bakiee, of
<br />helper, employed or walking on the site d the work, all or pan
<br />of the wages required by the contract, the contracting agency
<br />may, aterwrUlen notice to the contractor, take such action as
<br />may be necessary b cause the suspension of any further
<br />payment, advance, or guarantee of funds unti such vidatiors
<br />havecemed.
<br />3. Payrolls and basic records
<br />a Payrolls and bask records relating thereto steal be
<br />maintained by the contractor during the course of the work and
<br />preserved for a period of three yeas thereafter for all laborers
<br />and mechanics woddng at the she of the work. Such records
<br />shall canton the name, address, and social security number of
<br />eachsuch worker, his or her coaedclassifrcaton, hourly miss
<br />of wages paid (including miss d contributions or costs
<br />anticipated for bona fide fringe benefits "cash equivalents
<br />thereof of the types described in section 1(bx2)(B) of the
<br />Davis-BaconAcl), daily and weekly numberof hours waked,
<br />deductknsmade and actual wages pad Whenever the
<br />Secretory of Labor has found under 29 CFR 5.5(axf J(iv) that
<br />the wages of any laborer or mechanic include the amount of
<br />any costs reasonably anticipated in providing benefits under a
<br />plan or program described in section 1(b(2)(B) of tie Davin
<br />Bacon Act. be contractor she maintain rowrds which stow
<br />that the commitment to povkla such bmefls is enforceable,
<br />that the plan or program is Inandaily responsible, and that the
<br />plan m program has been communicated In writing to the
<br />laborers or mechanics affected, and records which show the
<br />oasis anticipated or the actual cost inaned In providing such
<br />benefits. Contractors amploydng apprentices or bameas under
<br />approved programs shall maintain written evidence of the
<br />registration of appmnfeeship programs and cedlflcation of
<br />trainee programs, the registration of the apprentices and
<br />trainees, and the miles and wage rates pmscrbed In the
<br />applicable programs.
<br />le(1)The contactor shag submit weekly for each weak in
<br />which any contract work is performed a copy of all payroll to
<br />the contracting agency. The payrolls sutmlledshal set out
<br />accurately and completely al d the Information required to be
<br />maintained under 29 CFR 5.5(ax3XI), exceptthal full social
<br />security numbers and homeadd'esses shall not be included
<br />in weekly Individually
<br />Inetoad the Payrolls seal any need 10
<br />include an kndividualy Identifying number for each employee
<br />e.g. , the last four digits of the enpioyee's soda security
<br />number). The required weekly payroll Information may be
<br />submited in any form dasked. Optional Form WH 347 is
<br />avallable for this puposefram the Wage and Hour Division
<br />Web site at ht4rMvww.dd.gwksa%vtdtfoamsfwtn3471neU.hln
<br />or its successor site. The prime coniracbr is responsible far
<br />the submission of copies of payrolls by al shbcmtactors.
<br />Contractors and subcontractors shall maintain the full social
<br />security number and current address of each covered worker,
<br />and sfial provide them upon request to the contracting agency
<br />for tansmission to the Stale DOT, the FHWA mthe Wage and
<br />Hour Division of the Department of Labor for purposes of an
<br />Investigation or audit of compliance w➢h prevaNrg wage
<br />requirements. It is net a violation of this sacfon for a prime
<br />contractor to require a subcontractor b provide addresses and
<br />soda securitynumbers lots pine contractor far its worn
<br />records, without weekly submission to the contending agency..
<br />(2) Each payroll submhlted shag be accompanied by a
<br />'Statement d Compllarim' signed by the contractor or
<br />subcontractor or his or her agent who pays or supervises the
<br />payment of the persons employed under the contract and shall
<br />cedify the following:
<br />(I) That the payroll for the payroll period contains the
<br />Information required to be provided under §5.5 (ax3)(t) of
<br />Regulations, 29 CFR pat 5, the appropriate Information Is
<br />being mantained under §5.5 (a)(3)(l) of Regulations, 29
<br />CFR part 5, and that such Information Is oared and
<br />complete:
<br />(I) That each laborer or mach ic{Including each
<br />helper, apprentice, and trainee) errybyed m the contract
<br />during the payroll period has been paid the full weekd
<br />wages eamed without rebate, either directly orindtrectly,
<br />and Ind ro deductions have been made ether directly or
<br />indirectly from the ful wages earned, other than
<br />permissible deductions as set faith in Regulations, 29 GFR
<br />pad 3;
<br />(li) That each laborer or mechanic has bem paid not
<br />less than the appileablewage rates and fringe benefits or
<br />cash equivalents for the classification d wok performed,
<br />as specified In the applicable wage delennination
<br />Incorporated into Ire contact.
<br />P-23 of P-52
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