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(2) Withholding. The Grantee shall upon its own action or upon written request of an authorized <br /> representative of the Department of Laborwithhold or cause to be withheld from the contractor,under <br /> this Agreement or any other federal contract with the same Grantee or any other federally assigned <br /> contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime <br /> contractor,so much of the accrued payments or advances as may be considered necessary to pay <br /> laborers and mechanics, including apprentices,trainees,and helpers,employed by the contractor or <br /> any subcontractor the full amount of wages required by the contract. In the event of failure to pay any <br /> laborer or mechanic,including any apprentice,trainee,or helper,employed or working on the site of the <br /> work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the <br /> construction or development of the FTA assisted Project),all or part of the wages required by the <br /> contract,Grantee may,after written notice to the contractor,sponsor,applicant,or owner,take such <br /> action as may be necessary to cause the suspension of any fu�ther payment,advance,or guarantee of <br /> funds until such violations have ceased. <br /> (3) Payrolls and Basic Records. <br /> (i.) Payrolls and basic records relating thereto shall be maintained by the contractor during the <br /> course of the work and preserved for a period of three years thereafter for all laborers and <br /> mechanics working at the site of the work(or under the United States Housing Act of 1937,or <br /> under the Housing Act of 1949,in the construction or development of the FTA assisted <br /> Project). Such records shall contain the name,address,and social securiry number of each <br /> worker, his or her correct classification,hourly rates of wages paid(including rates of <br /> contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the <br /> types described in Section 1(b)(1)(2)(B)of the Davis-Bacon Act),daily and weekly number of <br /> hours worked,deductions made and actual wages paid. Whenever the Secretary of Labor has <br /> found under 29 C.F.R.§5.5(a)(1)(iv)that the wages of any laborer or mechanic include the <br /> amount of any costs reasonably anticipated in providing benefits under a plan or program <br /> described in Section 1(b)(2)(B)of the Davis-Bacon Act,the contractor shall maintain records <br /> which show that the commitment to provide such benefits is enforceable,that the plan or <br /> program is financially responsible,and that the plan or program has been communicated in <br /> writing to the laborers or mechanics affected,and records which show the costs anticipated or <br /> the actual costs incurred in providing such benefits. Contractors employing apprentices or <br /> trainees under approved programs shall maintain written evidence of the registration of <br /> 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 <br /> performed a copy of all payrolls to FTA if FTA is a party to the contract,but if FTA is <br /> not such a party,the contractor will submit the payrolls to the applicant,sponsor,or <br /> owner,as the case may be,for transmission to FTA. The payrolls submitted shall set <br /> out accurately and completely all of the information required to be maintained under <br /> 29 C.F.R.§5.5(a)(3)(i). This information may be submitted in any form desired. <br /> Optional Form WH-347 is available for this purpose and may be purchased from the <br /> Superintendent of Documents(Federat Stock No.029-005-00014-1), U.S. - <br /> Government Printing Office,Washington, D.C. 20402. The prime contractor is <br /> responsible for the submission of copies of payrolls by all subcontractors. <br /> B. Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed <br /> by the contractor or subcontractor or his or her agent who pays or supervised the <br /> payment of the persons employed under the contract and shall certify the following: <br /> 1. That the payroll for the payroll period contains the information required to be <br /> maintained under 29 C.F.R.5.5(a)(3)(i)and that such information is correct <br /> and complete. <br /> State/Federal Capita!Grant page 29 <br />