Wis. Admin. Code Department of Workforce Development § DWD 290.13 - Evidence of compliance by agent and subcontractor
(1) AFFIDAVIT OF
COMPLIANCE. Upon completion of their portion of work on a project of public
works or a publicly funded private construction project and prior to receiving
final payment for work on the project, each agent or subcontractor shall file
an agent or subcontractor affidavit of compliance with the prevailing wage rate
determination, on a form prescribed by the department, with its prime
contractor.
(2) RECORD RETENTION.
(a) Each agent or subcontractor who performed
work on a project of public works or a publicly funded private construction
project shall retain the following records for at least 3 years after the last
day on which the prime contractor and all its agents or subcontractors
completed work on the site of the project:
1.
An accurate record of the name, trade or occupation, hours worked, and actual
wages paid for all of its employees who performed work on the
project.
2. A properly completed
agent or subcontractor affidavit of compliance with the prevailing wage rate
determination, on a form prescribed by the department, from each of its agents
or subcontractors that performed work on the project.
(b) The required records shall be made
available for inspection upon request of the department, state agency, or local
governmental unit.
(c) The location
of the required records shall be designated in the affidavit required under
sub. (1). The records shall not be moved from the designated location without
prior notice of the new location and the expected move date to the state agency
or local governmental unit.
(3) SUBCONTRACTOR NOTIFICATION. Any
contractor, subcontractor, contractor's agent or subcontractor's agent who
fails to provide its subcontractors and agents the applicable prevailing wage
determination for the project as noted in s.
DWD
290.17 is liable for any amount of liquidated damages
assessed by the department to the subcontractor or agent under s.
66.0903(11)
(a), 66.0904(9) (a), or
103.49(6m)
(ag), 2009 Stats.
Notes
"Agent or Subcontractor Affidavit of Compliance with Prevailing Wage Rate Determination," form ERD-10584, may be obtained at no charge from the Department of Workforce Development, Equal Rights Division, P.O. Box 8928, Madison, WI 53708 or the DWD web site at http://dwd.wisconsin.gov/er/prevailing_wage_rate/default.htm.
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