R2003-170 AUTHORIZING WATER MAIN AGREEMENT

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Housing Act of 1937 or under the Housing Act of 1949, in the construction or development of the project) will be paid 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 by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR Part 3)),the full amount of wages and bona fide fringe benefits (or cash equivalents thereo fl due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,regardless of any contractual relationship which may be alleged to exist between the Con�actor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Secrion 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contriburions made or costs incurred for more than a weekly period(but not less often than quarterly)under plans, funds, or programs,which cover the regular weekly period, are deemed to be cons�uctively made or incurred during such weekly period.Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classificarion may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the ernployer's payroll records accurately set forth the time spent in each classificarion in which work is performed.'The wage detemunarion(including any addirional 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. (2)(i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determinarion. HUD shall approve an addirional classification and wage rate and fringe benefits therefore only when all the following criteria have been met: (A)The work to be performed by the classification requested is not performed by a classificarion in the wage determinarion; (B)The classification is urilized in the area by the construction industry; and (C)The proposed wage rate, including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage deternunation. (ii) If the Contractor and the laborers and mechanics to be employed in the classificarion (if lrnown), or their representarives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate),a report of the acrion taken shall be sent by HLJD or its designee to the Administrator of the Wage and Hour Division, Employee Standards Administrarion, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representarive, will approve, modify, or disapprove every additional classificarion action within 30 days of receipt and so advise HLJD or its designee or will notify HiJD or its designee within the 30-day period that additional time is necessary. (iii)In the event the Contractor, the laborers or mechanics to be employed in the classification or their representarives, and HUD or its designee do not agree on the proposed classification and wage rate (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 of the Wage and Hour Division for deternunation. The Administrator, or an authorized representarive, will issue a determinarion within 30 days of receipt and so advise HUD or its designee or will norify HUD or its designee within the 30-day period that addirional time is necessary. (iv) The wage rate (including fringe benefits where appropriate) deternuned pursuant to subparagraphs (b)(2)(ii) or(iii)of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (3)Whenever the minimum wage 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 determinarion or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (4)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 anricipated 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 29 Doc�i:CFi101(239130-00107)50130735v3;08/12/2003/Time:10:48