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Federal labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Applicability The Project or Program to which the construction work covered by this contract pertains Is being assisted by the United States of America and the following Federal Labor Standards Provisions are Included In this Contract pursuant to the provisions applicable to such Federal assistance. A, 1. (1) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be pald unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account( except such payroll deductions as are permitted byr egulatlons issued by the Secretary of Labor under theC opeland Act (29 CFR Part 3). the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less thant hose contained in the wage determination of they ecretary of Labor which Is attached hereto and made a part hereof, regardless of any contractual relationship Which may be alleged to exist between the contractor and such laborers and mechanics_ Contr€butlons made or costs reasonably anticipated for bona fide fringe benefits under Section 11(b)(2) of the Davis -Bacon Act on behalf oft aborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFIR also, regular contributions made or costs incurred for more than a weekly perlof (but not less oftent han quarterly) under plans, funds, or programs, whiche over the particular weekly perlof, are deemed to b.ec onstructively made or Incurred during .such weekly perlof. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determinstlonf or the classification of work actually performed; withoutr egard to skill, except as provided in 29 CFR 5,5(a)(4). Laborers or mechanics performing work In more than one classification may be compensated at the rate speci:fled for each classtf€cat€o.n for the time actually worked thereln: Provided, That the employer's payroll records accurately set forth the time spent in each Classification in which work Is performed. The wage determination (including any additlonal classification and wage rates conformed under 29 CFR 5.5(a)(1){ii) and the Davis -Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work In a prominent and accessible, place where It can be easily seen by the workers. (11) (a) Any class of laborers or mechanics which is notl isted in the wage determinatlon and which Is to be employed under the contract shall be classified In conformance. with the wage determination. HUD shall approve an additional classification and wage rate andf rings benefits therefor only when the following criteria have been :net: (1) The work to .be performed by the ciassifirationr equested Is not performed by a classification In the wage determination; and (2) The classification is utilized in the area by the construction Industry; and (3) The proposed wage rate, including any bona fidef ringe benefits., bears a reasonable. relationship to thew age rates contained in the wage determination. (h) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or Its designee agree on the classification and wage rate (including the arnau.nt designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or Its designee to the Admfn.lstrator of the Wage and dour Division, Employment Standards Administration, U.S. Department of Labor, Washington., D.G. 20210. The Administrator, or an authorized representative, will approve, m.ofify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or Its designee .or will notify HUD or Its deslgnoo within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215 0140.) (:9) In the event the contractor., the laborers or mechanics to be employed in the clas:sificatlon or their representatives, and HUD or its designee do not agree ont he proposed classification and wage rate (inoluding the amount designated for fringe benefits, where appropriate)., HUD or Its designee shall refer the questions, in'cludingt he views of all interested parties and the recommendation of HUD or Its designee,, to the Administrator for determination. The Administrator, .or an authoriaedr epresentative, will issue a determination within 30 days ofr eccept and so advise HUD or Its designee or will notify HUD or Its designee within the 30-day period that additional time is necessary, (Approved by the Office of Management and Budget under OMB Control Number 1215-0140..) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs( 1)(.11)(b.) or (c) of this paragraph, shall be paid to all workers performing work In the classification under this contract from the first day an which work is performed In the classification. (ill) Whenever the min€mum wags rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD-010 (0612000) Prevlous editions are obsolete Page 1 of 5 ref. Handbook 1344.1