R2003-170 AUTHORIZING WATER MAIN AGREEMENT

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(If checked, for contracts exceeding $2>000, HUD has determined that the constivction covered by this contract consists of non-routine maintenance (as defined in 24 CFR 968.203) necessary for the operation of the Public Housing project; and the labor standards set forth below and the provisions of Section 12 of the United States Housing Act of 1937 which pertain to such work shall apply.Clause 46 does not apply to this contract.) (a) Minimum Wages. (1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deducrion or rebate on any account (except such payroll deducrions as are permitted by regularions issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages due at time of payment computed at rates not less than those contained in the wage determinarion of the Secretary of Housing and Urban Development which is attached hereto and made a part hereof. Such laborers and mechanics shall be paid the appropriate wage rate on the wage determinarion for the classification of work actually perFormed, without regard to skill. Laborers or mechanics perfornung work in more than one classification may be compensated at the rate specified for each classificarion for the rime actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classificarion in which work is performed. The wage deternvnation 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 determinarion and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate only when the following criteria have been met: (A) The work to be performed by the classification required is not performed by a classification in the wage deternunation; (B) The classificarion is utilized in the area by the industry;and (C) The proposed wage rate bears a reasonable relationship to the wage rates contained in the wage deternnnation. (ii) The wage rate determined pursuant to this paragraph shall be paid to all workers performing work in the classification under this contract from the fust day on which work is performed in the classification. (b) Withholding of funds. The Contracting Officer, upon his or her own action or upon request of HUD shall withhold or cause to be withheld from the Contractor under this contract or any other contract subject to HUD- determined wage rates, with the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor the full amount of wages required by this clause.In the event of failure to pay any laborer or mechanic ernployed or working on the site of the work all or part of the wages required by the contract, the Contracting Officer or gUD may, after written notice to the Contractor,take such action as may be necessary to cause the suspension of any further payment, or advance, until such violarions have ceased. The PHA or HUD may, after written norice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respecrive employees to whom they are due. (c) Payrolls and basic records. (1) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work.Such records shall contain the name,address, and social security number of each such worker, his or her correct classificarion, hourly rates of wages paid, daily and weekly number of hours worked, deducrions made,and actual wages paid. (2)(i) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under subparagraph (d)(1) above. This informarion may be submitted in any form desired. Optional Form WH-347 (Federal Stock Number 029-005- 00014-1) is available for this purpose and rnay be purchased from the Superintendent of Documents, U.S. Government Prinring Office, Washington, D.C. 20402. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the OMB under OMB control number 1215-0149). (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the conh�act and shall certify the following: (A) that the payroll for the payroll period contains the information required to be maintained under subparagraph(c)(1)of this clause and that such information is correct and complete; 33 Doc#:CH101(239130-00107)50130735v3;08/12/2003/Time:10:48