|
Federal Labor Standards Provisions
<br />Applicability
<br />The Project or Program to which the construction work covered
<br />by this contract pertains is being assisted by the United States of
<br />America and the following Federal Labor Standards Provisions
<br />are included in this Contract pursuant to the provisions applicable
<br />to such Federal assistance.
<br />A. 1. (i) Minimum Wages. All laborers and mechanics em-
<br />ployed or working upon the site of the work will be paid uncondi-
<br />tionally and not less often than once a week, and without subse-
<br />quent deduction or rebate on any account (except such payroll
<br />deductions as are permitted by regulations issued by the Secre-
<br />tary of Labor under the Copeland Act (29 CFR Part 3), the full
<br />amount of wages and bona fide fringe benefits (or cash equiva-
<br />lents thereof) due at time of payment computed at rates not less
<br />than those contained in the wage determination of the Secretary
<br />of Labor which is attached hereto and made a part hereof, re-
<br />gardless of any contractual relationship which may be alleged to
<br />exist between the contractor and such laborers and mechanics.
<br />Contributions made or costs reasonably anticipated for bona fide
<br />fringe benefits under Section I(b)(2) of the Davis -Bacon Act on
<br />behalf of laborers or mechanics are considered wages paid to
<br />such laborers or mechanics, subject to the provisions of 29 CFR
<br />5.5(a)(1)(iv); also, regular contributions made or costs incurred
<br />for more than a weekly period (but not less often than quarterly)
<br />under plans, funds, or programs, which cover the particular weekly
<br />period, are deemed to be constructively made or incurred during
<br />such weekly period.
<br />Such laborers and mechanics shall be paid the appropriate wage
<br />rate and fringe benefits on the wage determination for the classi-
<br />fication of work actually performed, without regard to skill, except
<br />as provided in 29 CFR 5.5(a)(4). Laborers or mechanics per-
<br />forming work in more than one classification may be compensated
<br />at the rate specified for each classification for the time actually
<br />worked therein: Provided, That the employer's payroll records
<br />accurately set forth the time spent in each classification in which
<br />work is performed. The wage determination (including any addi-
<br />tional classification and wage rates conformed under 29 CFR
<br />5.5(a)(1)(ii) and the Davis -Bacon poster (WH -1321) shall be posted
<br />at all times by the contractor and its subcontractors at the site of
<br />the work in a prominent and accessible, place where it can be
<br />easily seen by the workers.
<br />(ii) (a) Any class of laborers or mechanics which is not listed in
<br />the wage determination and which is to be employed under the
<br />contract shall be classified in conformance with the wage deter-
<br />mination. HUD shall approve an additional classification and wage
<br />rate and fringe benefits therefor only when the following criteria
<br />have been met:
<br />(1) The work to be performed by the classification requested is
<br />not performed by a classification in the wage determination; and
<br />(2) The classification is utilized in the area by the construction
<br />industry; and
<br />(3) The proposed wage rate, including any bona fide fringe ben-
<br />efits, bears a reasonable relationship to the wage rates contained
<br />in the wage determination.
<br />(b) If the contractor and the laborers and mechanics to be em-
<br />ployed in the classification (if known), or their representatives,
<br />and HUD or its designee agree on the classification and wage
<br />rate (including the amount designated for fringe benefits where
<br />U.S. Department of Housing Exhibit Q
<br />and Urban Development
<br />Office of Labor Relations (pgs 1-27)
<br />appropriate), a report of the action taken shall be sent by HUD or
<br />its designee to the Administrator of the Wage and Hour Division,
<br />Employment Standards Administration, U.S. Department of La-
<br />bor, Washington, D.C. 20210. The Administrator, or an authorized
<br />representative, will approve, modify, or disapprove every additional
<br />classification action within 30 days of receipt and so advise HUD
<br />or its designee or will notify HUD or its designee within the 30 -day
<br />period that additional time is necessary. (Approved by the Office
<br />of Management and Budget under OMB control number 1215-
<br />0140. )
<br />(c) In the event the contractor, the laborers or mechanics to be
<br />employed in the classification or their representatives, and HUD
<br />or its designee do not agree on the proposed classification and
<br />wage rate (including the amount designated for fringe benefits,
<br />where appropriate), HUD or its designee shall refer the questions,
<br />including the views of all interested parties and the recommenda-
<br />tion of HUD or its designee, to the Administrator for determina-
<br />tion. The Administrator, or an authorized representative, will is-
<br />sue a determination within 30 days of receipt and so advise HUD
<br />or its designee or will notify HUD or its designee within the 30 -day
<br />period that additional time is necessary. (Approved by the Office
<br />of Management and Budget under OMB Control Number 1215-
<br />0140. )
<br />(d) The wage rate (including fringe benefits where appropriate)
<br />determined pursuant to subparagraphs (1)(0)(b) or (c) of this para-
<br />graph, shall be paid to all workers performing work in the classifi-
<br />cation under this contract from the first day on which work is per-
<br />formed in the classification.
<br />(iii) Whenever the minimum wage rate prescribed in the contract
<br />for a class of laborers or mechanics includes a fringe benefit which
<br />is not expressed as an hourly rate, the contractor shall either pay
<br />the benefit as stated in the wage determination or shall pay an-
<br />other bona fide fringe benefit or an hourly cash equivalent thereof.
<br />(iv) If the contractor does not make payments to a trustee or
<br />other third person, the contractor may consider as part of the
<br />wages of any laborer or mechanic the amount of any costs rea-
<br />sonably anticipated in providing bona fide fringe benefits under a
<br />plan or program, Provided, That the Secretary of Labor has found,
<br />upon the written request of the contractor, that the applicable stan-
<br />dards of the Davis -Bacon Act have been met. The Secretary of
<br />Labor may require the contractor to set aside in a separate ac-
<br />count assets for the meeting of obligations under the plan or pro-
<br />gram. (Approved by the Office of Management and Budget under
<br />OMB Control Number 1215 - 0140.)
<br />2. Withholding. HUD or its designee shall upon its own action or
<br />upon written request of an authorized representative of the De-
<br />partment of Labor withhold or cause to be withheld from the con-
<br />tractor under this contract or any other Federal contract with the
<br />same prime contractor, or any other Federally- assisted contract
<br />subject to Davis -Bacon prevailing wage requirements, which is
<br />held by the same prime contractor so much of the accrued pay-
<br />ments or advances as may be considered necessary to pay la-
<br />borers and mechanics, including apprentices, trainees and help-
<br />ers, employed by the contractor or any subcontractor the full
<br />amount of wages required by the contract. In the event of failure
<br />to pay any laborer or mechanic, including any apprentice, trainee
<br />or helper, employed or working on the site of the work, all or part
<br />form HUD -4010 (07/2003)
<br />Previous edition is obsolete Page 1 of 4 ref. Handbook 1344.1
<br />
|