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g. Withholding for Unpaid Wages and Liquidated Damages:
<br /> The SHA shall upon its own action or upon written request of any
<br />author[zed representative of the DOL withhold, or cause to be
<br />withheld, from any monies payable on account of work performed by
<br />the contractor or subcontractor under any such contract or any other
<br />Federal contract with the same prime contractor, or any other
<br />Federally-assisted contract subject to the Contract Work Hours and
<br />Safer7 Standards Act, which is held by the same pdme contractor,
<br />such sums as may be determined to be necessany to satisfy any
<br />liabilities of such contractor or subcontractor for unpaid wages and
<br />liquidated damages as provided in the clause set forth in paragraph
<br />8 above.
<br />
<br />V. STATEMENTS AND PAYROLLS
<br />
<br /> (Applicable to all Federal-aid construction contracts exceeding
<br />$2,00{) and to ail related subcontracts, except for projects located on
<br />roadways classified as local roads or rural collectors, which are
<br />exempt.)
<br />
<br /> 1. Compliance with Copeland Regulations (29 CFR 3):
<br />
<br /> The contractor shall comply with the Copeland Reguistions of the
<br />Secretary of Labor which are herein incorporated by reference.
<br />
<br /> 2. Payrolls and Payroll Records:
<br />
<br /> a. Payrolls and basic records relating thereto shall be
<br />maintained by the contractor and each subcontractor during the
<br />course of the work and preserved for a period of 3 years from the'
<br />date of completion of the contract for all laborers, mechanics,
<br />apprentices, trainees, watchmen, helpers, and guams working at the
<br />site of the work.
<br />
<br /> b. The payroll records shell contain the name, social security
<br />number, and address of each such employee; his or her correct
<br />classification; hourly rates of wages paid (including rates of contribu-
<br />tions or costs anticipated for bona fide fringe benefits or cash
<br />equivalent thereof the types deecdbed in Section I(bX2)(B) of the
<br />Davis Bacon Act); daily and weekly number of hours worked;
<br />deductions made; and actual wages paid. in addition, for Appata-
<br />chisn contracts, the payroll records shall contain a notation indicating
<br />whather the employee does, or does not, normally reside in the labor
<br />area as defined in Attachment A, paragraph 1. Whenever the
<br />Secretary of Labor, pursuant to Section iV, paragraph 3b, has found
<br />that the wages of any laborar or mechanic include the amount of any
<br />costs reasonably anticipated in providing benefits under a plan or
<br />program described in Section l(b)(2)(B) of the Davis Bacon Act, the
<br />contractor and each subcontractor shait maintain records which show
<br />that the commitment to provide such benefits is enforceable, that the
<br />plan or program is financially responsible, that the plan or program
<br />has been communicated in writing to the laborers or mechanics
<br />affected, and show the cost anticipated or the actual cost incurred in
<br />providing benefits. Contractors or subcontractors employing
<br />apprentices or trainees under approved programs shall maintain
<br />written evidence of the registration of apprentices and trainees, and
<br />ratios and wage rates prescribed in the applicable programs.
<br />
<br /> c. Each contractor and subcontrsctor shall fumish, each week
<br />in which any contract work is performed, to the SHA resident
<br />engineer a payroll of wages paid each of its employees (including
<br />apprentices, trainees, and helpers, described in Section IV, para-
<br />graphs 4 and 5, and watchmen and guards engaged on work during
<br />the preceding weekly payroll period). The payroll submitted shall set
<br />out accurately and compietaly all of the information required to be
<br />maintained under paragraph 2b of this Section V. This information
<br />may be submitted in any form desired. Optional Form WH~347 is
<br />available for this purpose and may be purchased from the Superin-
<br />tendent of Documents (Federal stock number 029-005-0014-1 ), U.S.
<br />Government Printing Office, Washington, D.C. 20402. The prime
<br />contractor is responsible for the submission of copies of payrolls by
<br />all subcontractors.
<br />
<br /> d. Each payroll submitted shall be accompanied by a 'State-
<br /> ment of Compliance,' signed by the contractor or subcontractor or
<br /> his/her agent who pays or supervises the payment of the persons
<br /> employed under the contract and shall certi~-y the following:
<br />
<br /> (1) that the payroll for the payroll period contains the
<br /> information required to be maintained under paragraph 2b of this
<br /> Section V and that such information is correct and complete;
<br /> (2) that such laborer or mechanic (including each helper,
<br />
<br />Form FHWA-1273 (Rev. 3-94)
<br />
<br />apprentice, and trainee) employed on the contract dudng the payroll
<br />period has been paid the full weekly wages earned, without rebate,
<br />either directly or indirectly, and that no-deductions have been made
<br />either directly or indirectly from the full wages earned, other than
<br />permissible deductions as set forth in the Regulations, 29 CFR 3;
<br />
<br /> (3) that each laborer or mechanic has been paid not less
<br />that the applicable wage rate and fringe benefits or cash equivalent
<br />for the classification of worked performed, as specified in the
<br />applicable wage determination incorporated into the contract.
<br />
<br /> e, The weekly submiSSion of a properly executed certification
<br />SSt forth on the reverse side of Optional Form WH-347 shall satisfy
<br />the requirement for submission of the 'Statement of Compliance"
<br />required by paragraph 2d of this Section V.
<br />
<br /> f. The falsification of any of the above 'certifications may
<br />subject the contractor to civil or criminal prosecution under 18 U.S.C.
<br />1001 and 31 U.S.C. 231.
<br />
<br /> g. The contractor or subcontractor shall make the records
<br />required under paragraph 2b of this Section V available for inspec-
<br />tion, copying, or transcription by authorized representatives of the
<br />SHA, the FHWA, or the DOL. and shall permit such representatives
<br />to interview employees dudng working hours on the job. If the
<br />contractor or subcontractor fails to submit the required records or to
<br />make them available, the SI-IA, the FHWA, the DOL, or all may, after
<br />written notice to the contractor, sponsor, applicant, or owner, take
<br />such actions as may be necessary to cause the suspension of any
<br />further payment, advance, or guarantee of funds. Furthermore,
<br />failure to submit the required records upon request or to make such
<br />reco~s available may be grounds for debarment action pursuant to
<br />29 CFR 5.12.
<br />
<br />VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
<br />
<br /> 1. On all Federal-aid contracts on the National Highway System,
<br />except those which provide solely for the installation of protective
<br />devices at railroad grade crossings, those which are constructed on
<br />a force account or direct labor basis, highway beautification con-
<br />tracts, and contracts for which the total final construction cost for
<br />roadway and bridge is leSS than $1,000,000 (23 CFR 635) the
<br />contractor shall:
<br />
<br /> a. Become familiar with the list of specific materials and
<br />supplies contained in Form FHWA-47, "Statement of Materials and
<br />Labor Used by Contractor of Highway Construction Involving Federal
<br />Funds," pdor to the commencement of work under this contract.
<br />
<br /> b. Maintain a record of the total cost of all matedats and
<br />supplies purchased for and incorporated in the work, and also of the
<br />quantities of those specific materials and supplies listed on Form
<br />FHWA-47, and in the units shown on Form FHWA-47.
<br /> c. Furnish, upon the completion of the contract, to the SI-IA
<br />resident engineer on Form FHWA-47 together with the data required
<br />in paragraph lb relative to materials and supplies, a final labor
<br />summary of all contract work indicating the total hours worked and
<br />the total amount earned:
<br />
<br /> 2. At the prime contractor's option, either a single repor~ covering
<br /> all contract work or separate reports for the contractor and for each
<br /> subcontract shall be submitted.
<br />
<br /> VII. SUBLETTING OR ASSIGNING THE CONTRACT
<br />
<br /> 1. The contractor shall perform with its own organization contract
<br /> work amounting to not less than 30 percent (or a greater p~,rcan.tage.
<br /> if specified elsewhere in the contract) of the total original contrac['
<br /> price, excluding any specialty items designated by the State.
<br /> Specialty items may be performed by subcontract and the amount of
<br /> any such specialty items performed may be deducted from the total
<br /> original contract pdce before computing the amount of work required
<br /> to be performed by the contractor's own organization (23 CFR 635).
<br /> a. "Its own organization" Shall be construed to include only
<br /> workers employed and paid directly, by the prime contractor and
<br /> equipment owned or rented by the prime contractor, with or without
<br /> operators. Such term does not include employees or equipment of
<br /> a subcontractor, assignee, or agent of the prime contractor.
<br />
<br /> b. 'Specialty Items" shall be construed to be limited to work
<br /> that requires highly specialized knowledge, abilities, or eq uipmen..t~net,
<br /> ordinarily available in the type of contracting organizations quadneo
<br />
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