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06
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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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 20 <br /> agency is a party to the contract,but if the agency is not such a party,the contractor will submit <br /> them to the applicant, sponsor,or owner, as the case may be, for transmission to the FHWA,the <br /> Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an <br /> 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 subcontractor to provide addresses and social <br /> security numbers to the prime contractor for its own records, without weekly submission to the <br /> sponsoring government agency(or the applicant, sponsor, or owner). <br /> (B)Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by the <br /> contractor or subcontractor or his or her agent who pays or supervises the payment of the persons <br /> employed under the contract and shall certify the following: <br /> ( 1 )That the payroll for the payroll period contains the information required to be provided <br /> under §5.5 (a)(3)(ii)of Regulations, 29 CFR part 5,the appropriate information is being <br /> maintained under §5.5 (a)(3)(i)of Regulations, 29 CFR part 5,and that such information is <br /> correct and complete; <br /> (2)That each laborer or mechanic (including each helper, apprentice, and trainee)employed on <br /> the contract during the payroll period has been paid the full weekly wages earned,without <br /> rebate, either directly or indirectly, and that no deductions have been made either directly or <br /> indirectly from the full wages earned, other than permissible deductions as set forth in <br /> Regulations, 29 CFR part 3; <br /> (3) That each laborer or mechanic has been paid not less than the applicable wage rates and <br /> fringe benefits or cash equivalents for the classification of work performed,as specified in the <br /> applicable wage determination incorporated into the contract. <br /> (C)The weekly submission of a properly executed certification set forth on the reverse side of <br /> Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of <br /> Compliance"required by paragraph (a)(3)(ii)(B)of this section. <br /> (D) The falsification of any of the above certifications may subject the contractor or <br /> subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of <br /> title 31 of the United States Code. <br /> (iii)The contractor or subcontractor shall make the records required under paragraph(a)(3)(i)of <br /> this section available for inspection, copying, or transcription by authorized representatives of <br /> the FHWA or the Department of Labor, and shall permit such representatives to interview <br /> employees during working hours on the job. If the contractor or subcontractor fails to submit the <br /> required records or to make them available,the Federal agency may, after written notice to the <br /> contractor, sponsor,applicant, or owner,take such action as may be necessary to cause the <br /> suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to <br /> submit the required records upon request or to make such records available may be grounds for <br /> debarment action pursuant to 29 CFR 5.12. <br /> (4)Apprentices and trainees—(i)Apprentices. Apprentices will be permitted to work at less <br /> than the predetermined rate for the work they performed when they are employed pursuant to <br /> and individually registered in a bona fide apprenticeship program registered with the U.S. <br /> Department of Labor,Employment and Training Administration, Office of Apprenticeship <br /> Training, Employer and Labor Services,or with a State Apprenticeship Agency recognized by <br /> the Office, or if a person is employed in his or her first 90 days of probationary employment as <br /> an apprentice in such an apprenticeship program,who is not individually registered in the <br /> program,but who has been certified by the Office of Apprenticeship Training, Employer and <br /> Labor Services or a State Apprenticeship Agency(where appropriate)to be eligible for <br />
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