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06
City of Pleasanton
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CITY CLERK
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2018
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071718
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7/10/2018 12:04:46 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/17/2018
DESTRUCT DATE
15Y
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DocuSign Envelope ID:3EC52891-FE1A-4181-9C9B-6ADF674328A7 <br /> MTC/City of Pleasanton <br /> Innovative Deployments to Enhance Arterials(IDEA)Category 1 <br /> Page 19 <br /> (2) Withholding. MTC shall upon its own action or upon written request of an authorized <br /> representative of the Department of Labor withhold or cause to be withheld from the contractor <br /> under this contract or any other Federal contract with the same prime contractor, or any other <br /> federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held <br /> by the same prime contractor, so much of the accrued payments or advances as may be <br /> considered necessary to pay laborers and mechanics, including apprentices,trainees, and helpers, <br /> employed by the contractor or any subcontractor the full amount of wages required by the <br /> contract. In the event of failure to pay any laborer or mechanic, including any apprentice,trainee, <br /> or helper, employed or working on the site of the work(or under the United States Housing Act <br /> of 1937 or under the Housing Act of 1949 in the construction or development of the project), all <br /> or part of the wages required by the contract, MTC may, after written notice to the contractor, <br /> sponsor,applicant, or owner,take such action as may be necessary to cause the suspension of <br /> any further payment, advance,or guarantee of funds until such violations have ceased. <br /> (3)Payrolls and basic records. (i)Payrolls and basic records relating thereto shall be maintained <br /> by the contractor during the course of the work and preserved for a period of three years <br /> thereafter for all laborers and mechanics working at the site of the work(or under the United <br /> States Housing Act of 1937, or under the Housing Act of 1949, in the construction or <br /> development of the project). Such records shall contain the name, address, and social security <br /> number of each such worker,his or her correct classification, hourly rates of wages paid <br /> (including rates of 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 Davis-Bacon Act), daily <br /> and weekly number of hours worked, deductions made and actual wages paid. Whenever the <br /> 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 <br /> plan or program described in section 1(b)(2)(B)of the Davis-Bacon Act,the contractor shall <br /> maintain records which show that the commitment to provide such benefits is enforceable,that <br /> the plan or program is financially responsible, and that the plan or program has been <br /> communicated in writing to the laborers or mechanics affected, and records which show the costs <br /> anticipated or the actual cost incurred in providing such benefits. Contractors employing <br /> apprentices or trainees under approved programs shall maintain written evidence of the <br /> registration of apprenticeship programs and certification of trainee programs,the registration of <br /> the 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 <br /> performed a copy of all payrolls to the Federal Highway Administration(FHWA) if the agency <br /> 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 FHWA. <br /> The payrolls submitted shall set out accurately and completely all of the information required to <br /> be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home <br /> addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to <br /> 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 <br /> in any form desired. Optional Form WH-347 is available for this purpose from the Wage and <br /> Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor <br /> site. The prime contractor is responsible for the submission of copies of payrolls by all <br /> subcontractors. Contractors and subcontractors shall maintain the full social security number and <br /> current address of each covered worker, and shall provide them upon request to the FHWA if the <br />
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