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for bona fide fringe benefits or cash 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, deductions made and actual wages paid. <br /> Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or <br /> mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or <br /> program described in section 1(b)(2)(B) of the Davis-Bacon Act,the contractor shall maintain records which <br /> show that the commitment to provide such benefits is enforceable, that the plan or program is financially <br /> responsible, and that the plan or program has been communicated in writing to the laborers or mechanics <br /> affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits. <br /> Contractors employing apprentices or trainees under approved programs shall maintain-written evidence of <br /> the registration of apprenticeship programs and certification of trainee programs, the registration of the <br /> apprentices and trainees,and the ratios and wage rates prescribed in the applicable programs. <br /> (ii)(A)The contractor shall submit weekly, for each week in which any contract work is performed,a copy of <br /> all payrolls to the subrecipient, that is, the entity that receives the sub-grant or loan from the State <br /> capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA. <br /> As to each payroll copy received,the subrecipient shall provide written confirmation in a form satisfactory to <br /> the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) <br /> based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and <br /> completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social <br /> security numbers and home addresses shall not be included on the weekly payrolls.Instead the payrolls shall <br /> only need to include an individually identifying number for each employee (e.g., the last four digits of the <br /> employee's social security number).The required weekly payroll information may be submitted in any form <br /> desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at <br /> http://wwwdol.gov/whd/forms/Wh347instr.htm or its successor site. The prime contractor is responsible <br /> for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain <br /> the full social security number and current address of each covered worker, and shall provide them upon <br /> request to the subrecipient(s) for transmission to the State or EPA if requested by EPA, the State, the <br /> contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or <br /> audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime <br /> contractor to require a subcontractor to provide addresses and social security numbers to the prime <br /> contractor for its own records,without weekly submission to the subrecipient(s). <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 <br /> contract and shall certify the following: <br /> (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 <br /> (a)(3)(ii) of Regulations, 29 CFR part 5,the appropriate information is being maintained under§5.5 (a)(3)(i) <br /> of Regulations,29 CFR part 5,and that such information is correct and complete; <br /> (2) That each laborer or mechanic (including each helper,apprentice, and trainee) employed on the contract <br /> during the payroll period has been paid the full weekly wages earned, without rebate, either directly or <br /> indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, <br /> other than permissible deductions as set forth in Regulations,29 CFR part 3; <br /> (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or <br /> cash equivalents for the classification of work performed, as specified in the applicable wage determination <br /> incorporated into the contract. <br /> (C)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form <br /> WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph <br /> (a)(3)(ii)(B)of this section. <br /> (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or <br /> criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. <br /> TWDB Commitment No.L1000601 <br /> Exhibit D,Page 3 of 7 <br />