|
<br />PART II I
<br />Federal Labor Standards Provisions
<br />
<br />EXHIBIT
<br />
<br />"B"
<br />
<br />U.S. Department 01 Housing
<br />and U~n Qewelopmenl
<br />
<br />~
<br />1r
<br />(
<br />
<br />AppIic.ebilitr
<br />
<br />The PrOJect 01' Program to whIch !he construCtion WOf1c CO\fefed by thl'
<br />contract per18IM ia being aSSIsted by the UnIted saa... of America and the
<br />followi"9 Fed8ral\..abOr S&anclards PfOYls.ot\$ ate included In this Contract
<br />putSU8I'It to the prOYiIiona aøP,<,.0\8 to such F8der8I 8S8i~.
<br />A. 1. (I) MinImUm W..-. All labor.... and mech8nic:a employed or work.
<br />Ing upon !he lite of !he WOf1c (or under the United saates Housing Act c>:'
<br />, 937 01' under 1M Hou8I"9 Act of 1949 lit the constNctiOl'l or deYelOØfi¡';;'(\"
<br />of the projec1), will be paid unconctltionally and not less often t\an once a
<br />week. and without subsequent 8ductIOn or reba18 on any 8CCOUnt (except
<br />such payroll deduc:Þ0n8 .. are permiaed by NgUlationa iuu8d by the
<br />~ of \..abOr undlt .... Copeland Ad ø CFA Part ~ .,. fuU amount
<br />of w89U and bona fide Iringe benefita (01' CUh equivalents Ih8r8oC) due at
<br />tllne of payment computed at ,.* not lesS tnan tnose contained in ltIe
<br />wage determinatiOn of the SecNtary 01 Labor wnicft i8 aftaChed hereto and
<br />made a part hereof, regan ess of any contractural relatiOnSl'loø whICh may
<br />be alleged to exist betWeen the contractor and such tabOrers and
<br />mechanICS. Contributions made or costs reasonably antiCipated tor bona
<br />fide fringe benefits under Section 1 (b)(2) of the Davis-Bacon Act on behalf
<br />of laborers or mechanics are conSIdered wages paid to SUCh taborers or
<br />mechanics. SUbject tClIt1e prOVI~S of 29 CFR"5.5(aK1)(lv); also, regular
<br />contribullOns made 0' costs incUfred for more than a weekly periOd (but
<br />not less often than quarterly) under plans. funds. or programs. which cover
<br />the particular weekly period, are deemed to be conStNe1Ively made or
<br />incurred during such weekly periOd.
<br />Such laborerland mechanics snail be paid the appropriate wage rate
<br />and fnnge benefits on the wage determination lor the classj c:atlon 01 work
<br />aCliJally performed, withOUI regard 80 skill, except 8$ provided in 29 CFR
<br />Part 5.5(a¡¡4j. Laborers or mechanics pertormrng work in more than one
<br />claSSIficatIOn may be compensated at It1e rate spec:iliecl for each ctasslf.c:a.
<br />ton tOl' 1h8t1me actually wortled tnereln: Provided. That the employer's pay-
<br />roll records accurately set forth the lime spent in each ctasslf¡c:at,on In
<br />which WOrtllS øel'formed. The wage determlnabon (Including any additIonal
<br />classiflc:atlon and wage rates conformed under 29 CFR Part 5.5(a)(1 )(10) ar.d
<br />the DaVIs-Bacon poster (WH-1321) shall be posted at all times by the con-
<br />tractor and its subcontractors at It1e site of tne wortl in a prom.ne,.,t and
<br />acce5Sible. place where It c:an be eas:ly seen by the workers.
<br />[Ii) (a) Any class of taborers or mechanics whIch is no« listed In !."e
<br />wage determination and whIch IS 10 be employed under ltIe contract shaH
<br />be classIfied in conformance wlttlthe wage determination. HUD sha':
<br />approve an additional ctaSSlhc:abon and wage rate and fnnge ber.el.:S
<br />:"erelore only when the lollow'ng cfller.¡¡ have been met
<br />(1) The wortl to be performed by the classlficat,on re<;uested is not
<br />pe!1ormed by a Classlflc:atlon In the wage determination; and
<br />(2) The claSSlfic:ation is utilized In the area by the construction
<br />IndUStry. and
<br />(3) The proposed wage rate, including any bona fide frir.;;e bene-
<br />Ms. bears a reasonable relationship 10 the wage rates contained In the
<br />wage detemllnatlon.
<br />(b) II ttle contractor and Ihe laborers arò mechaniCS to be emt:!oyed
<br />In the classlflc:atlon (II known). or theor representatives. and HUD or ItS
<br />deSIgnee agree on the class.hcabon and wage rate (incluc!ing the amcunt
<br />designated lor fringe benellts wherw appropriate). a report of ttle action
<br />taken shalt be sent by HUD or its des.gnee to the Administrator 01 the Wage
<br />and Hour DIVIsiOn. Employment Standarøs Administration. US. Oepartlnent
<br />01 Labo,. Washington. DC. 20210, The Administrator. or an au!hoflzed
<br />representabve, WIll approve. modify, or disapprove every additIonal classlll-
<br />cation action WIthIn 30 days 01 receipt and so ad,,'se HUD or Its designee
<br />or WI!! notify HUD or Its deSlgn~ wlt",n tt'le 30-day periOd :rat adO'!loral
<br />time IS necessary, IApprOVed tJy the Office of Management and e...:get
<br />under OMB control number 1215.0140.)
<br />(e:) In the event the contractor. tne laborers or meer,an,cs IC te
<br />employed In tne classIficatIon or their representat ~es. and HU~ or i!S
<br />designee do not agree on the proposed Classification and wage rJ'e
<br />(Including the amour" designated for Irlnge benellts. where a:¡:¡ro;Jria'€'I.
<br />
<br />PreVloln EdItIon is Obsolete
<br />
<br />HUD or Its designee shall rete, the Questions. inCluding the views 01 all
<br />intereSled parties and ltIe rec:;ommendatlon of HUD or itS designee. to the
<br />Admlftlstrator for detennlfl8tion. The AdlTlinostrator. or an aultlor,zed repre-
<br />sentative, wdllS5Ue a detemllnation wIthIn 30 days of receipt and 80 adll'::'.
<br />HUD or itS desi;nee or will notify HUD or its designee within the 3O-day
<br />penod that additional tima is nec:essary. (AøøfOYeCl by the Office 01 Man-
<br />agement and Budget undet' OMS Control Number 1215.0140.)
<br />(d) The wage ra.. (Including Iringe benefits where appropriate)
<br />determined pursuant to subparagraphs (1~) or (C) of this paragraph. sna::
<br />be paid to all WOItc.... per1orrning work in the classification under this con-
<br />tract from It1e IIf$! day on which wortc is per1ormed in .... c:lu$ific:ation.
<br />(W) Wh8neYer the minimum wage ra18 prescribed in tI'Ie contract for a
<br />class of taborers 01 medl8nic:s includes a fnnga bene!!t whICh is not
<br />.xpressed as an hourly raI8. tI'Ie contr8C1or Shall either pay tne benefIt as
<br />alated in the wage determination or 81'1a1l pay another bona rid. Innge
<br />benef.t or an hourly cash equivalent thereof.
<br />(iv) II the contractor dOes not make payments to a trustee or ottler third
<br />perŠon, the contractor may conSIder as part of the wages 01 any laborer Cor
<br />mechanic It1e amount of any costs reasonably anticipated In providIng
<br />bona fide Irlnge benellts under 8 plan or program. ProVIded. That ltIe
<br />Secreta,., of Labor has found, upon the written request 01 !!'I. contractor,
<br />that ltIe applicaÞle standards 01 the DavIs-Bacon Act halle been met. The
<br />Secreta,., ot \..abor may require ltIe contractor to set asIde in a separate
<br />account assets for !!'Ie meet>ng of obligations under the plan or program.
<br />(Approved by the Office of Management and Budget under OMS Conlrol
<br />Number 1215-0140,)
<br />2. Withholding. HUD or its designee shall upon i:S own aclion or upon
<br />Wf1nen request of an authorized represenlatJve 01 :he Department 01 Labor
<br />wlttlhold or cause to be WIthheld from the contractor under thiS contract or
<br />any other Federa: contract WIth the same prime contractor. or any other
<br />Federally-assisteà contract SUbject to Davis.Bacon prevÞlng wage
<br />requirements, which is held by the same prime cor-tract:)r so much of tr.e
<br />accrued payments or advances 8$ may be conSidered necessary to pay
<br />laborers and mechaniCs. Including apprentices t'aln~ and helpers.
<br />emp!oyed by the contractor or any subcontractor the 'uil arr,ount Of wages
<br />req;'¡lred by ltIe contract. In the even1 01 failure to t:ay any taborer or
<br />mechanIC. InCluding any apprentice, traln~ or he!per, employed or work:";
<br />en tr.e site of the wOrk (or under the UMed States HOUSing Act 011937 or
<br />under the HOUSing Act ot 1949 In the construct'cr or developme'1t of Ire
<br />prOject). all or part 01 the wages required by the contract. HUO or ItS des'g-
<br />I"ee may. after wr:t1en notice to the contractc'r, s::orsor. ape: c.:Jr.\. :Jr owr.:'
<br />take such action as may be necessary to ca"se t"'e susperSIOr. c~ any
<br />furt."er payment, advance, or guarantee of funds until such vloiatJo:-s hal/e
<br />ceased. HUe or Its designee may. after written not:ct' 10 the contractor, d.::.
<br />burse such amounts withheld lor and on account 01 the contractor or s~:õ-
<br />con:ractor to the respectl"e employees 10 whom they are due The Comp-
<br />troller General shall make such diSbursements In the case 01 direct
<br />DavIs-Bacon Act contracts,
<br />3. (i) PaYTOn, and baic records. Payrolls and basIc recor"s rei,,' :-;¡
<br />!tIereto shall oe maintained by the cor. tractor dur""g !!'Ie course of the wC"~
<br />preserved lor a penod of Ihree years thereatter for all laborers a'10
<br />mechaniCS working a: the site of the won. lor under the Unlte::1 States
<br />Housing Act 01 1937. or under the HouSing Act Of 1949, In the construe:': n
<br />or development of the prOlect). Suc~ records shall COl"taln ttle na'"'(:.
<br />aOdress. and social secunty number of eacr. such worlcer. his or her cor-
<br />rect classilicatlor, hourty rates 0' wages pa d (InCluding rates of cont,,: ~-
<br />tlons or costs antIcipated for bona lice fnnge be"clils or cas'" eq';:lIa:(.'~:;
<br />t~ereol 01 the types descr,De".. In Sect:or 1:b1'::')(5 01 t~e Davls-b..'COr AC"
<br />dally ana w~kly numoer 01 hours worked. deO,;ctlons made arod ac:~¡¡!
<br />wages paid Whenever the Seeret.:1') d Labor has found under 29 CFR 5
<br />(3)í tl{II/)lh¡¡t the wages of any !at::Jrer or mec"'arolC Incl,;Ot' Ine arrou,.,! :;1
<br />ary cost::. reasorab'y .:Jm,clpate: If' prO..d,ng ber('t'Uô unoel a :¡Ia:- or ;1':J'
<br />g"3"" des:flOed r. Section 110)(21(9) of the Da""s-Baco'" Act me con:r"c::,
<br />s~,a': ma,r!:1ln reeo'os whlcn sho... "",1: th¡> comf'1ltmen! to pr:)l/lóe sucn
<br />
<br />-614-
<br />
<br />HUD-4010 (2 84)
<br />IHB t:;~4,1!
<br />
|