Laserfiche WebLink
(C) In the event the contractor, the laborers or mechanics to be employed in the <br />classification or their representatives, and HUD or its designee do not agree on the <br />proposed classification and wage rate (including the amount designated for fringe <br />benefits, where appropriate), HUD or its designee shall refer the questions, including the <br />views of all interested parties and the recommendation of HUD or its designee, to the <br />Administrator for determination. The Administrator, or an authorized representative, will <br />issue a determination within the 30 days of receipt and so advise HUD or its designee or <br />will notify HUD or its designee within 30 -day period that additional time is necessary. <br />(D) The wage rate (including fringe benefits where appropriate) determined pursuant to <br />subparagraphs (1)(B) or (C) of this paragraph, shall be paid to all workers performing <br />work in the classification under this contract from the first day on which work is <br />performed in the classification. <br />(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or <br />mechanics includes a fringe benefit which is not expressed as an hourly rate, the <br />contractor shall either pay the benefit as stated in the wage determinations or shall pay <br />another bona fide fringe benefit or an hourly cash equivalent thereof. <br />(iv) If the contractor does not make payments to a trustee or other third person, the <br />contractor may consider as part of the wages of any laborer or mechanic the amount of <br />any costs reasonably anticipated in providing bona fide fringe benefits under a plan or <br />program: Provided, That the Secretary of Labor has found, upon the written request of <br />the contractor, that the applicable standards of the Davis -Bacon Act have been met. The <br />Secretary of Labor may require the contractor to set aside in a separate account assets for <br />the meeting of obligations under the plan or program. <br />(2) Withholding. HUD or its designee shall upon its own action or upon written request <br />of an authorized representative of the Department of Labor withhold or cause to be <br />withheld from the contractors under this contract or any other Federal contract with the <br />same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon <br />prevailing wage requirements, which is held by the same prime contractor so much of the <br />accrued payments or advances as may be considered necessary to pay laborers and <br />mechanics, including apprentices, trainees and helpers, employed by the contractor or any <br />subcontractor the full amount of wages required by the contract. In the event of failure to <br />pay any laborer or mechanic, including any apprentice, trainee or helper, employed or <br />working on the site of the work (or under the United States Housing Act of 1937 or under <br />the Housing Act of 1949 in the construction or development of the project), all or part of <br />the wages required by the contract, HUD or its designee may, after written notice to the <br />contractor, sponsor, applicant, or owner, take such action as may be necessary to cause <br />the suspension of any further payment, advance, or guarantee of funds until such <br />Previous Editions are obsolete <br />Page 7 of 15 HUD 52531B <br />Agreement, Part 2 of 2 <br />4-27 <br />Project -based Voucher Program <br />