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EXHIBIT "C"
<br />Local Assistance Procedures Manual
<br />(3) In the event the contractor, the laborers or mechanics to
<br />be employed in the classification or their representatives,
<br />and the contracting officer do not agree on the proposed
<br />classification and wage rate (including the amount
<br />designated for fringe benefits, where appropriate), the
<br />contracting officer shall refer the questions, including the
<br />views of all interested parties and the recommendation of the
<br />contracting officer, to the Administrator for determination.
<br />The Administrator, or an authorized representative, will issue
<br />a determination within 30 days of receipt and so advise the
<br />contracting officer or will notify the contracting officer within
<br />the 30-day period that additional time is necessary.
<br />(4) The wage rate (including fringe benefits where
<br />appropriate) determined pursuant to paragraphs 1.b.(2) or
<br />1.b.(3) of this section, shall be paid to all workers performing
<br />work in 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 contract for
<br />a class of laborers or mechanics includes a fringe benefit which is
<br />not expressed as an hourly rate, the contractor shall either pay the
<br />benefit as stated in the wage determination or shall pay another
<br />bona fide fringe benefit or an hourly cash equivalent thereof.
<br />d. If the contractor does not make payments to a trustee or other
<br />third person, the contractor may consider as part of the wages of
<br />any laborer or mechanic the amount of any costs reasonably
<br />anticipated in providing bona fide fringe benefits under a plan or
<br />program, Provided, That the Secretary of Labor has found, upon the
<br />written request of the contractor, that the applicable standards of the
<br />Davis -Bacon Act have been met. The Secretary of Labor may
<br />require the contractor to set aside in a separate account assets for
<br />the meeting of obligations under the plan or program.
<br />2. Withholding (29 CFR 5.5)
<br />The contracting agency shall upon its own action or upon written
<br />request of an authorized representative of the Department of Labor,
<br />withhold or cause to be withheld from the contractor under this
<br />contract, or any other Federal contract with the same prime
<br />contractor, or any other federally -assisted contract subject to Davis -
<br />Bacon prevailing wage requirements, which is held by the same
<br />prime contractor, so much of the accrued payments or advances as
<br />may be considered necessary to pay laborers and mechanics,
<br />including apprentices, trainees, and helpers, employed by the
<br />contractor or any subcontractor the full amount of wages required by
<br />the contract. In the event of failure to pay any laborer or mechanic,
<br />including any apprentice, trainee, or helper, employed or working on
<br />the site of the work, all or part of the wages required by the contract,
<br />the contracting agency may, after written notice to the contractor,
<br />take such action as may be necessary to cause the suspension of
<br />any further payment, advance, or guarantee of funds until such
<br />violations have ceased.
<br />Exhibit 12-G
<br />Required Federal -Aid Contract Language
<br />3. Payrolls and basic records (29 CFR 5.5)
<br />a. Payrolls and basic records relating thereto shall be maintained
<br />by the contractor during the course of the work and preserved for a
<br />period of three years thereafter for all laborers and mechanics
<br />working at the site of the work. Such records shall contain the name,
<br />address, and social security number of each such worker, his or her
<br />correct classification, hourly rates of wages paid (including rates of
<br />contributions or costs anticipated for bona fide fringe benefits or cash
<br />equivalents thereof of the types described in section 1(b)(2)(B) of the
<br />Davis -Bacon Act), daily and weekly number of hours worked,
<br />deductions made and actual wages paid. Whenever the Secretary of
<br />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
<br />anticipated in providing benefits under a plan or program described in
<br />section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall
<br />maintain records which show that the commitment to provide such
<br />benefits is enforceable, that the plan or program is financially
<br />responsible, and that the plan or program has been communicated in
<br />writing to the laborers or mechanics affected, and records which
<br />show the costs anticipated or the actual cost incurred in providing
<br />such benefits. Contractors employing apprentices or trainees under
<br />approved programs shall maintain written evidence of the registration
<br />of apprenticeship programs and certification of trainee programs, the
<br />registration of the apprentices and trainees, and the ratios and wage
<br />rates prescribed in the applicable programs.
<br />(1) The contractor shall submit weekly for each week in which
<br />any contract work is performed a copy of all payrolls to the
<br />contracting agency. The payrolls submitted shall set out
<br />accurately and completely all of the information required to be
<br />maintained under 29 CFR 5.5(a)(3)(i), except that full social
<br />security numbers and home addresses shall not be included on
<br />weekly transmittals. Instead the payrolls shall only need to
<br />include an individually identifying number for each employee
<br />(e.g., the last four digits of the employee's social security
<br />number). The required weekly payroll information may be
<br />submitted in any form desired. Optional Form WH-347 is
<br />available for this purpose from the Wage and Hour Division Web
<br />site. The prime contractor is responsible for the submission of
<br />copies of payrolls by all subcontractors. Contractors and
<br />subcontractors shall maintain the full social security number and
<br />current address of each covered worker, and shall provide them
<br />upon request to the contracting agency for transmission to the
<br />State DOT, the FHWA or the Wage and Hour Division of the
<br />Department of Labor for purposes of an investigation or audit of
<br />compliance with prevailing wage requirements. It is not a
<br />violation of this section for a prime contractor to require a
<br />subcontractor to provide addresses and social security numbers
<br />to the prime contractor for its own records, without weekly
<br />submission to the contracting agency.
<br />(2) Each payroll submitted shall be accompanied by a
<br />"Statement of Compliance," 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 />certify the following:
<br />(i) That the payroll for the payroll period contains the
<br />information required to be provided under 29 CFR
<br />5.5(a)(3)(ii), the appropriate information is being maintained
<br />under 29 CFR 5.5(a)(3)(i), and that such information is
<br />correct and complete;
<br />(ii) That each laborer or mechanic (including each helper,
<br />apprentice, and trainee) employed on the contract during the
<br />payroll period has been paid the full weekly wages earned,
<br />without rebate, either directly or indirectly, and that no
<br />deductions have been made either directly or indirectly from
<br />the full wages earned, other than permissible deductions as
<br />set forth in 29 CFR part 3;
<br />Page 14 of 28
<br />August 2022
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