Common use of Payrolls and basic records Clause in Contracts

Payrolls and basic records. a. Payrolls and basic records relating thereto must be maintained by the Contractor during the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the Project Site (or under the United State Housing Acts of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records must contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Xxxxx-Xxxxx Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(B) of the Xxxxx-Xxxxx Act, the Contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs must maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (1) The Contractor must submit weekly for each week in which any Work is performed, a copy of all payrolls to the Authority. The payrolls submitted must set out accurately and completely all of the information required to be maintained under §5.5(a)(3)(i) of Regulations, 29 CFR Part 5, except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). This information may be submitted in any form desired. Optional form WH-347 is available for this purpose from the Wage and Hour Division Web site at xxxx://xxx.xxx.xxx/esa/whd/forms/wh347instr.htm or its successor site. . The Contractor is responsible for the submission of copies of payrolls by all Subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Authority, the FTA, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for the Contractor to require a subcontractor to provide addresses and social security numbers to the Contractor for its own records, without weekly submission to the Authority. (2) Each payroll submitted must be accompanied by a “Statement of Compliance,” signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and must certify the following: that the payroll for the payroll period contains the information required to be maintained under §5.5(a)(3)(i) of Regulations, 29 CFR Part 5, and that such information is correct and complete; that each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3; and that each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (3) The weekly submission of properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirements for submission of the “Statement of Compliance” required by 3b (2) of Section 18.17 of this Contract. (4) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under section 1001 Title 18 and Section 231 of Title 31 of the United States Code. c. The Contractor or subcontractor must make the records required under Subsection 3, paragraph a of this Section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration, or the Department of Labor, and must permit such representatives to interview employees during working hours on the job. If the Contractor or Subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12

Appears in 1 contract

Samples: Redevelopment and Intergovernmental Agreement

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Payrolls and basic records. a. Payrolls and basic records relating thereto must shall be maintained by the Contractor contractor during the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the Project Site site of the work (or under the United State States Housing Acts Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records must shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(Bsection l(b)(2)(B) of the Xxxxx-Xxxxx Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(Bsection l(b)(2)(B) of the Xxxxx-Xxxxx Act, the Contractor must contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs must shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (1A) The Contractor must contractor shall submit weekly for each week in which any Work contract work is performed, performed a copy of all payrolls to HUD or its designee if the Authorityagency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted must shall set out accurately and completely all of the information required to be maintained under §5.5(a)(3)(i) of Regulations, 29 CFR Part 5, except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number5.5(a)(3)(i). This information may be submitted in any form desired. Optional form Form WH-347 is available for this purpose and may be purchased from the Wage and Hour Division Web site at xxxx://xxx.xxx.xxx/esa/whd/forms/wh347instr.htm or its successor site. Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The Contractor prime contractor is responsible for the submission of copies of payrolls by all Subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Authority, the FTA, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for the Contractor to require a subcontractor to provide addresses and social security numbers to the Contractor for its own records, without weekly submission to the Authoritysubcontractors. (2B) Each payroll submitted must shall be accompanied by a “Statement of Compliance,” signed by the Contractor contractor or Subcontractor subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract contract and must shall certify the following: that : (1) That the payroll for the payroll period contains the information required to be maintained under §5.5(a)(3)(i) of Regulations, 29 CFR Part 5, 5.5 (a)(3)(i) and that such information is correct and complete; that ; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part part 3; and that ; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contractcontract. (3C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirements requirement for submission of the “Statement of Compliance” required by 3b paragraph (2a)(3)(ii)(B) of Section 18.17 of this Contractsection. (4D) The falsification of any of the above certifications may subject the Contractor contractor or subcontractor to civil or criminal prosecution under section 1001 of Title 18 and Section section 231 of Title 31 of the United States Code. c. The Contractor or subcontractor must make the records required under Subsection 3, paragraph a of this Section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration, or the Department of Labor, and must permit such representatives to interview employees during working hours on the job. If the Contractor or Subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12

Appears in 1 contract

Samples: Housing Assistance Payments Contract

Payrolls and basic records. a. Payrolls (i) Payroll and basic records relating thereto must shall be maintained by the Contractor contractor during the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the Project Site site of the work (or under the United State States Housing Acts Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records must shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in the Section 1(b)(2)(B) of the Xxxxx-Xxxxx Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(B1(b)(2)(B) of the Xxxxx-Xxxxx Act, the Contractor must contractor shall maintain records which show that the commitment to provide such benefits benefit is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs must shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (1A) The Contractor must contractor shall submit weekly for each week in which any Work contract work is performed, performed a copy of all payrolls to HUD or the Authorityappropriate District agency if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or the appropriate District agency. The payrolls submitted must shall set out accurately and completely all of the information required to be maintained under §5.5(a)(3)(i) of Regulations, 29 CFR Part 5, except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number5.5(a)(3)(i). This information may be submitted in any form desired. Optional form Form WH-347 is available for this purpose and may be purchased from the Wage and Hour Division Web site at xxxx://xxx.xxx.xxx/esa/whd/forms/wh347instr.htm or its successor site. Superintendent of Documents (Federal Stock Number 029-005- 00014-1), U.S. Government Printing Office, Washington DC 20402. The Contractor prime contractor is responsible for the submission of copies of payrolls by all Subcontractorssubcontractors. Contractors (Approved by the Officer of Management and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Authority, the FTA, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for the Contractor to require a subcontractor to provide addresses and social security numbers to the Contractor for its own records, without weekly submission to the AuthorityBudget under OMB Control Number 12150149). (2B) Each payroll submitted must shall be accompanied by a “Statement of Compliance,” signed by the Contractor contractor or Subcontractor subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract contract and must shall certify the following: that the payroll for the payroll period contains the information required to be maintained under §5.5(a)(3)(i) of Regulations, 29 CFR Part 5, and that such information is correct and complete; that each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3; and that each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (3) The weekly submission of properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirements for submission of the “Statement of Compliance” required by 3b (2) of Section 18.17 of this Contract. (4) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under section 1001 Title 18 and Section 231 of Title 31 of the United States Code. c. The Contractor or subcontractor must make the records required under Subsection 3, paragraph a of this Section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration, or the Department of Labor, and must permit such representatives to interview employees during working hours on the job. If the Contractor or Subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12:

Appears in 1 contract

Samples: Long Term Subsidy Contract

Payrolls and basic records. a. (i) Payrolls and basic records relating thereto must shall be maintained by the Contractor contractor during the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the Project Site site of the work (or under the United State States Housing Acts Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records must shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section section 1(b)(2)(B) of the Xxxxx-Xxxxx Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section section 1 (b)(2)(Bb)(2)(8) of the Xxxxx-Xxxxx Act, the Contractor must contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs must shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (1A) The Contractor must contractor shall submit weekly for each week in which any Work contract work is performed, performed a copy of all payrolls to the AuthorityAgency if the Agency is a party to the contract, but if the Agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Agency. The payrolls submitted must shall set out accurately and completely all of the information required to be maintained under §5.5(a)(3)(i) of Regulations, 29 CFR Part 55.5 (a) (3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s 's social security number). This The required weekly payroll information may be submitted in any form desired. Optional form Form WH-347 is available for this purpose from the Wage and Hour Division Web site at xxxx://xxx.xxx.xxx/esa/whd/forms/wh347instr.htm xxxx://xxx.xxx.xxx/esa/whdlformslwh347instr.htm or its successor site. . The Contractor prime contractor is responsible for the submission of copies of payrolls by all Subcontractorssubcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the AuthorityAgency if the Agency is a party to the contract, but if the Agency is not such a party, the FTAcontractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the Agency, the Contractorcontractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for the Contractor a prime contractor to require a subcontractor to provide addresses and social security numbers to the Contractor prime contractor for its own records, without weekly submission to the Authoritysponsoring government agency (or the applicant, sponsor, or owner). (2B) Each payroll submitted must shall be accompanied by a "Statement of Compliance," signed by the Contractor contractor or Subcontractor subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract contract and must shall certify the following: that : ( 1) That the payroll for the payroll period contains the information required to be maintained provided under §5.5(a)(3)(i5.5 (a)(3)(ii) of Regulations, 29 CFR Part part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; that each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3; and that each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (3) The weekly submission of properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirements for submission of the “Statement of Compliance” required by 3b (2) of Section 18.17 of this Contract. (4) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under section 1001 Title 18 and Section 231 of Title 31 of the United States Code. c. The Contractor or subcontractor must make the records required under Subsection 3, paragraph a of this Section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration, or the Department of Labor, and must permit such representatives to interview employees during working hours on the job. If the Contractor or Subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12;

Appears in 1 contract

Samples: Professional Services Agreement

Payrolls and basic records. a. (a) Payrolls and basic records relating thereto must shall be maintained by the Contractor ESCO during the course of the work work, and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the Project Site (or under the United State Housing Acts of 1937, or under the Housing Act of 1949, in the construction or development site of the project)work. Such records must shall contain the name, address, address and social security Social Security number of each such worker, ; his or her correct classification, ; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section section 1(b)(2)(B) of the Xxxxx-Xxxxx ActAct (40 USCS §3141(2)(B)(ii), ); daily and weekly number of hours worked, ; deductions made made; and actual wages paid. Whenever the Secretary of Labor has found found, under Regulations, 29 CFR §5.5(a)(1)(iv) ), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(Bsection 1(b)(2)(b) of the Xxxxx-Xxxxx ActAct (40 USCS §3141(2)(B)(ii)), the Contractor must ESCO shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, affected and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors ESCOs employing apprentices or trainees under approved programs must shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (1b) The Contractor must ESCO shall submit weekly for each week in which any Work contract work is performed, a copy of all payrolls to the AuthoritySchool District utilizing U.S. Department of Labor Form WH347. The payrolls submitted must shall set out accurately and completely all of the information required to be maintained under §5.5(a)(3)(i) of Regulations, 29 CFR Part 5§5.5(a)(3)(i), and the provisions of this Contract, except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). This The required weekly payroll information may be submitted in any form desired. Optional form Form WH-347 is available for this purpose and may be obtained from the U.S. Department of Labor Wage and Hour Division Web site Website at xxxx://xxx.xxx.xxx/esa/whd/forms/wh347instr.htm or its successor site. . The Contractor Prime ESCO is responsible for the submission of copies of payrolls by all Subcontractors. Contractors ESCOs and subcontractors Subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide submit them upon request to the AuthoritySchool District, the FTA, the ContractorESCO, or the Wage and Hour Division of the U.S. Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of Regulations, 29 CFR §5.5, or the provisions of this section for the Contract to permit a Prime Contractor to require a subcontractor Subcontractor to provide addresses and social security numbers to the Prime Contractor for its own records, without weekly submission to the AuthoritySchool District. (2c) Each payroll submitted must shall be accompanied by a “Statement of Compliance,” ”, signed by the Contractor ESCO or Subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and must shall certify the following: that : (1) That the payroll for the payroll period contains the information required to be provided under §5.5(a)(3)(ii) of Regulations, 29 CFR Part 5, the appropriate information is being maintained under §5.5(a)(3)(i) of Regulations, 29 CFR Part 5, and that such information is correct and complete; that ; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3; and that and (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (3d) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirements for submission of the “Statement of Compliance” required by 3b (2§5.5(a)(3)(ii)(B) of Section 18.17 of this ContractRegulations, 29 CFR Part 5. (4e) The falsification of any of the above certifications may subject the Contractor ESCO or subcontractor Subcontractor to civil or criminal prosecution under section Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. c. (f) The Contractor ESCO or subcontractor must Subcontractor shall make the records required under Subsection 3§5.5(a)(3)(i) of Regulations, paragraph a 29 CFR Part 5, and the provisions of this Section Contract available for inspection, copying, copying or transcription by authorized representatives of the Federal Transit AdministrationSchool District, or the U.S. Department of Labor, and must shall permit such representatives to interview employees during working hours on the job. If the Contractor ESCO or Subcontractor fails to submit the required records or to make them available, the Federal agency Contracting Officer, may, after written notice to the Contractor, sponsor, applicant, or ownerESCO, take such action as may be necessary to cause the suspension of any further payment, advance, payment or guarantee advance of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to Regulations, 29 CFR §5.12.

Appears in 1 contract

Samples: Guaranteed Energy Savings Agreement

Payrolls and basic records. a. Payrolls and basic records relating thereto must shall be maintained by the Contractor contractor during the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the Project Site site of the work (or under the United State States Housing Acts Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records must shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Xxxxx-Xxxxx Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(B1(b)(2)(B) of the Xxxxx-Xxxxx- Xxxxx Act, the Contractor must contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs must shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (1i) The Contractor must contractor shall submit weekly for each week in which any Work contract work is performed, performed a copy of all payrolls to HUD or its designee if the Authorityagency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owners, as the case may be, for transmission to HUD or its designee. The payrolls submitted must shall set out accurately and completely all of the information required to be maintained under §5.5(a)(3)(i) of Regulations, 29 CFR Part 5, except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number5.5(a)(3)(I). This information may be submitted in any form desired. Optional form Form WH-347 is available for this purpose and may be purchased from the Wage and Hour Division Web site at xxxx://xxx.xxx.xxx/esa/whd/forms/wh347instr.htm or its successor site. Superintendent of Documents (Federal Stock Number 029-005-00014-1), U. S. Government Printing Office, Washington, DC 20402. The Contractor prime contractor is responsible for the submission of copies of payrolls by all Subcontractorssubcontractors. Contractors (Approved by the Office of Management and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Authority, the FTA, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for the Contractor to require a subcontractor to provide addresses and social security numbers to the Contractor for its own records, without weekly submission to the AuthorityBudget under OMB Control Number 1215-0149). (2ii) Each payroll submitted must shall be accompanied by a “Statement of Compliance,” ”, signed by the Contractor contractor or Subcontractor subcontractor or his or her agent who pays or supervises the payment thepayment of the persons employed under the Contract contract and must shall certify the following: that : (1) That the payroll for the payroll period contains the information required to be maintained bemaintained under §5.5(a)(3)(i) of Regulations, 29 CFR Part 5, 5.5 (a)(3)(I) and that such information is correct and complete; that ; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3; and that ; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contractcontract. (3iii) The weekly submission of a properly executed certification set forth on the reverse side of Optional Option Form WH-347 shall satisfy the requirements requirement for submission of the “Statement of Compliance” required by 3b (2paragraph A(3)(b)(ii) of Section 18.17 this section. City of this Contract.Xxxxxxxx CDBG-ED #25DB-E02 CDBG Grant Administration and Program Delivery (4iv) The falsification of any of the above certifications may subject the Contractor contractor or subcontractor to civil or criminal prosecution under section Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. c. The Contractor or subcontractor must make the records required under Subsection 3, paragraph a of this Section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration, or the Department of Labor, and must permit such representatives to interview employees during working hours on the job. If the Contractor or Subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12

Appears in 1 contract

Samples: CDBG Grant Administration Agreement

Payrolls and basic records. a. Payrolls and basic records relating thereto must shall be maintained by the Contractor CONTRACTOR during the course of the work and preserved for a period of three six (36) years thereafter for all laborers and mechanics working at the Project Site site of the work (or under the United State States Housing Acts Act of 1937, or under the Housing Act of 1949, in the construction or development of the projectProject). Such records must shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section section 1(b)(2)(B) of the Xxxxx-Xxxxx Act), Public Law 88-349 as amended by 40 USC §§ 3141 et seq., and pursuant to 49 USC §5333(a) et seq., daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(Bsection 1(b)(2)(B) of the Xxxxx-Xxxxx Act, Public Law 88-349, as amended by 40 USC § 3141 et seq. and pursuant to 49 USC § 5333(a), the Contractor must CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors CONTRACTOR’s employing apprentices or trainees under approved programs must shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (1) The Contractor must submit weekly for each week in which any Work is performed, a copy of all payrolls to the Authority. The payrolls submitted must set out accurately and completely all of the information required to be maintained under §5.5(a)(3)(i) of Regulations, 29 CFR Part 5, except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). This information may be submitted in any form desired. Optional form WH-347 is available for this purpose from the Wage and Hour Division Web site at xxxx://xxx.xxx.xxx/esa/whd/forms/wh347instr.htm or its successor site. . The Contractor is responsible for the submission of copies of payrolls by all Subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Authority, the FTA, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for the Contractor to require a subcontractor to provide addresses and social security numbers to the Contractor for its own records, without weekly submission to the Authority. (2) Each payroll submitted must be accompanied by a “Statement of Compliance,” signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and must certify the following: that the payroll for the payroll period contains the information required to be maintained under §5.5(a)(3)(i) of Regulations, 29 CFR Part 5, and that such information is correct and complete; that each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3; and that each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (3) The weekly submission of properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirements for submission of the “Statement of Compliance” required by 3b (2) of Section 18.17 of this Contract. (4) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under section 1001 Title 18 and Section 231 of Title 31 of the United States Code. c. The Contractor or subcontractor must make the records required under Subsection 3, paragraph a of this Section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration, or the Department of Labor, and must permit such representatives to interview employees during working hours on the job. If the Contractor or Subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12

Appears in 1 contract

Samples: Professional Services

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Payrolls and basic records. a. i) Payrolls and basic records relating thereto must shall be maintained by the Contractor contractor during the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the Project Site site of the work (or under the United State States Housing Acts Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records must shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section section 1(b)(2)(B) of the Xxxxx-Xxxxx Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(Bsection 1(b)(2)(B) of the Xxxxx-Xxxxx Act, the Contractor must contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs must shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (1) The Contractor must contractor shall submit weekly for each week in which any Work contract work is performed, performed a copy of all payrolls to the AuthorityNAIPTA for transmission to the Federal Transit Administration. The payrolls submitted must shall set out accurately and completely all of the information required to be maintained under §section 5.5(a)(3)(i) of Regulations, 29 CFR Part part 5, except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). This information may be submitted in any form desired. Optional form Form WH-347 is available for this purpose and may be purchased from the Wage and Hour Division Web site at xxxx://xxx.xxx.xxx/esa/whd/forms/wh347instr.htm or its successor site. Superintendent of Documents (Federal Stock Number 029- 005-00014-1), U.S. Government Printing Xxxxxx, Xxxxxxxxxx, XX 00000. The Contractor prime contractor is responsible for the submission of copies of payrolls by all Subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Authority, the FTA, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for the Contractor to require a subcontractor to provide addresses and social security numbers to the Contractor for its own records, without weekly submission to the Authoritysubcontractors. (2) Each payroll submitted must shall be accompanied by a "Statement of Compliance," signed by the Contractor contractor or Subcontractor subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract contract and must shall certify the following: that : (a) That the payroll for the payroll period contains the information required to be maintained under §section 5.5(a)(3)(i) of Regulations, 29 CFR Part 5, part 5 and that such information is correct and complete; that ; (b) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part part 3; and that ; (c) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contractcontract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirements requirement for submission of the "Statement of Compliance" required by 3b paragraph (2a)(3)(ii)(B) of Section 18.17 of this Contractsection. (4) The falsification of any of the above certifications may subject the Contractor contractor or subcontractor to civil or criminal prosecution under section 1001 Title of title 18 and Section section 231 of Title title 31 of the United States Code. c. iii) The Contractor contractor or subcontractor must shall make the records required under Subsection 3, paragraph a (A)(i) of this Section section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration, Administration or the Department of Labor, and must shall permit such representatives to interview employees during working hours on the job. If the Contractor contractor or Subcontractor subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractorcontractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

Appears in 1 contract

Samples: Independent Contractor Agreement

Payrolls and basic records. a. 2.3.1 Payrolls and basic records relating thereto must shall be maintained by the Contractor during the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the Project Site site of the work (or under the United State States Housing Acts Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records must shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section section 1(b)(2)(B) of the Xxxxx-Xxxxx Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(Bsection 1(b)(2)(B) of the Xxxxx-Xxxxx Act, the Contractor must shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs must shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (1) 2.3.2 The Contractor must shall submit weekly for each week in which any Work contract work is performed, performed a copy of all payrolls to the Authorityappropriate federal agency if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the agency. The payrolls submitted must shall set out accurately and completely all of the information required to be maintained under §5.5(a)(3)(i) of Regulations, 29 CFR Part 55.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). This The required weekly payroll information may be submitted in any form desired. Optional form Form WH-347 is available for this purpose from the Wage and Hour Division Web site at xxxx://xxx.xxx.xxx/esa/whd/forms/wh347instr.htm or its successor site. . The prime Contractor is responsible for the submission of copies of payrolls by all Subcontractors. Contractors and subcontractors Subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Authorityappropriate federal agency if the agency is a party to the contract, but if the agency is not such a party, the FTAContractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the agency, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for the Contractor a prime contractor to require a subcontractor to provide addresses and social security numbers to the Contractor prime contractor for its own records, without weekly submission to the Authoritysponsoring government agency (or the applicant, sponsor, or owner). (2) 2.3.3 Each payroll submitted must shall be accompanied by a “Statement of Compliance,” signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and must shall certify the following: that : 2.3.3.1 That the payroll for the payroll period contains the information required to be maintained provided under §5.5(a)(3)(i§ 5.5 (a)(3)(ii) of Regulations, 29 CFR Part part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; that ; 2.3.3.2 That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part part 3; and that ; 2.3.3.3 That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contractcontract. (3) 2.3.4 The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirements requirement for submission of the “Statement of Compliance” required by 3b (2) of Section 18.17 of this Contract2.3.3. (4) 2.3.5 The falsification of any of the above certifications may subject the Contractor or subcontractor Subcontractor to civil or criminal prosecution under section 1001 Title of title 18 and Section section 231 of Title title 31 of the United States Code. c. 2.3.6 The Contractor or subcontractor must Subcontractor shall make the records required under Subsection 3, paragraph a of this Section 2.3.1 available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration, Owner or the Department of Labor, and must shall permit such representatives to interview employees during working hours on the job. If the Contractor or Subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

Appears in 1 contract

Samples: Public Works Contract

Payrolls and basic records. a. Payrolls and basic records relating Relating thereto must shall be maintained by the Contractor contractor during the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the Project Site site of the work (or under the United State States Housing Acts Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records must shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs cost anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section section 1(b)(2)(B) of the Xxxxx-Xxxxx Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv29CFR 5.5(a)(1 )(iv) that the wages of any laborer or mechanic include the amount of any costs cost reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(Bsection 1(b)(2)(B) of the Xxxxx-Xxxxx Act, the Contractor must contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs must shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (1) The Contractor must submit weekly for each week in which any Work is performed, a copy of all payrolls to the Authority. The payrolls submitted must set out accurately and completely all of the information required to be maintained under §5.5(a)(3)(i) of Regulations, 29 CFR Part 5, except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). This information may be submitted in any form desired. Optional form WH-347 is available for this purpose from the Wage and Hour Division Web site at xxxx://xxx.xxx.xxx/esa/whd/forms/wh347instr.htm or its successor site. . The Contractor is responsible for the submission of copies of payrolls by all Subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Authority, the FTA, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for the Contractor to require a subcontractor to provide addresses and social security numbers to the Contractor for its own records, without weekly submission to the Authority. (2) Each payroll submitted must be accompanied by a “Statement of Compliance,” signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and must certify the following: that the payroll for the payroll period contains the information required to be maintained under §5.5(a)(3)(i) of Regulations, 29 CFR Part 5, and that such information is correct and complete; that each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3; and that each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (3) The weekly submission of properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirements for submission of the “Statement of Compliance” required by 3b (2) of Section 18.17 of this Contract. (4) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under section 1001 Title 18 and Section 231 of Title 31 of the United States Code. c. The Contractor or subcontractor must make the records required under Subsection 3, paragraph a of this Section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration, or the Department of Labor, and must permit such representatives to interview employees during working hours on the job. If the Contractor or Subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

Payrolls and basic records. a. i. Payrolls and basic records relating thereto must shall be maintained by the Contractor during the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the Project Site site of the work (or under the United State States Housing Acts Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records must shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(Bsection 1(b) (2) (B) of the Xxxxx-Xxxxx Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(Bsection 1(b)(2)(B) of the Xxxxx-Xxxxx Act, the Contractor must shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs must shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (1) . The Contractor must shall submit weekly for each week in which any Work Contract work is performed, performed a copy of all payrolls to the AuthorityAuthority for transmission to the Federal Transit Administration. The payrolls submitted must shall set out accurately and completely all of the information required to be maintained under §5.5(a)(3)(isection 5.5(a) (3) (i) of Regulations, 29 CFR Part part 5, except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). This information may be submitted in any form desired. Optional form Form WH-347 is available for this purpose and may be purchased from the Wage and Hour Division Web site at xxxx://xxx.xxx.xxx/esa/whd/forms/wh347instr.htm or its successor site. Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime Contractor is responsible for the submission of copies of payrolls by all Subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Authority, the FTA, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for the Contractor to require a subcontractor to provide addresses and social security numbers to the Contractor for its own records, without weekly submission to the Authoritysubcontractors. (2) . Each payroll submitted must shall be accompanied by a "Statement of Compliance," signed by the Contractor or Subcontractor subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and must shall certify the following: that : a. That the payroll for the payroll period contains the information required to be maintained under §section 5.5(a)(3)(i) of Regulations, 29 CFR Part 5, part 5 and that such information is correct and complete; that ; b. That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part part 3; and that ; c. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (3) . The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirements requirement for submission of the "Statement of Compliance" required by 3b paragraph (2a)(3)(ii)(B) of Section 18.17 of this Contractsection. (4) . The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under section 1001 Title of title 18 and Section section 231 of Title title 31 of the United States Code. c. iii. The Contractor or subcontractor must shall make the records required under Subsection 3, paragraph a (a)(3)(i) of this Section section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration, Administration or the Department of Labor, and must shall permit such representatives to interview employees during working hours on the job. If the Contractor or Subcontractor subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

Appears in 1 contract

Samples: Transportation Agreement

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