Orange County NC Website
15 <br /> apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, <br /> the Sponsor may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be <br /> necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have <br /> ceased. <br /> 3.Payrolls and Basic Records. <br /> (i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and <br /> preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records <br /> shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly <br /> rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents <br /> thereof of the types described in l(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; <br /> deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the <br /> wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a <br /> plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show <br /> that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that <br /> the plan or program has been communicated in writing to the laborers or mechanics affected, and that show the costs <br /> anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under <br /> approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of <br /> trainee programs,the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable <br /> programs. <br /> (ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls <br /> to the Sponsor if the agency is a party to the contract,but if the agency is not such a party, the Contractor will submit the <br /> payrolls to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Sponsor. The payrolls submitted <br /> shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except <br /> that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls <br /> shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee's <br /> social security number). The required weekly payroll information may be submitted in any form desired. Optional Form <br /> WH-347 is available for this purpose from the Wage and Hour Division Web site at <br /> www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime Contractor is responsible for the submission of <br /> copies of payrolls by all sub-contractors. Contractors and sub-contractors shall maintain the full social security number <br /> and current address of each covered worker and shall provide them upon request to the Sponsor if the agency is a party to <br /> the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, sponsor, or Owner, as <br /> the case may be, for transmission to the Sponsor, the Contractor, or the Wage and Hour Division of the Department of <br /> Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of <br /> this section for a prime Contractor to require a sub-contractor to provide addresses and social security numbers to the <br /> prime Contractor for its own records, without weekly submission to the sponsoring government agency(or the applicant, <br /> Sponsor,or Owner). <br /> (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or <br /> subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall <br /> certify the following: <br /> (1) The payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the <br /> appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and <br /> complete; <br /> (2) Each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the <br /> payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no <br /> deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as <br /> set forth in Regulations 29 CFR Part 3; <br /> (3) Each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents <br /> for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. <br /> -6- <br />