06 052013 JT CC-HA DEPOT AT SANTIAGO EX 3

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(C} In the event the contractor, the laborers or mechanics to be employed in the classification or (heir representatives, and HUD or its designee do not agree on the proposed classification and wage rata (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within the 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within 30-tiay period that additional time is necessary. {D} The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1}{B} or (C) of this paragraph, shall be paid to ail workers performing work in the classification under this contract from the first day on which work is perfornzed in the classification. (iii} Whenever the minimum wage rate prescribed in the contract for a class of laborers ar 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 determinations 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 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program: Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. .._.......-.- .. (2) -W-ithholdin .-HUD or its designee shall upon..its.own action or.upon written request __ _ of an authorized representative of the Depaz-txnent of Labor withhold or cause to be withheld from the contractors under this contract or any other Federal contract vent e - same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (ar under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project}, ali or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as maybe necessary to cause the suspension of any further payment, advance, or guarantee of funds until such Page 7 of 15 HUD 52531E Agreement, Part 2 of 2 Previous Editions are obsolete Project-based Voucher Program ~.~