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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) () Any class of laborers or mechanics, including
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helpers, which is not listed in the wage
determination and which is to be employed under
the coniract shall be classified in conformance with
the wage determination. HUD shall approve an
additional classification and wage rate and fringe
benefits therefor only when all the following criteria
have been met: (A) The work to be performed by
the classification requested is not performed by a
classification in the wage determination; and (B)
The classification Is utilized in the area by the
construction industry; and (C) The proposed wage
rate, including any bona fide fringe benefits, bears
a reasonable relationship to ihe wage rates
contained in the wage
determination.
lf the Contractor and the laborers and mechanics
to be employed in the classification (if known), or
their representatives, 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 action
taken shall be sent by HUD or its designee to the
Administrator of the Wage and Hour Division,
Employee Standards Administration, U.S.
Depariment of Labor, Washington, DC 20210.
The Administrator, or an authorized
representative, will approve, modify, or disapprove
avery additional classification action within 30 days
of receipt and so advisc HUD ar its designee or will
notify HUD or its designee within the 30-day period
that additional time is necessary.
In the event the Contractor, the laborers or
mechanics ta be employed in the classification or
their representatives, and HUD or its designee do
not agree on the proposed classification and wage
Tate (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 determination. The
Administrator, or an authorized representative, will
issue a determination within 30 days of receipi and
s0 advise HUD or its designee or will notify HUD or
its designee within the 30-day period that
additional time is necessary.
The wage rate (including fringe benefits where
appropriate) determined pursuant to
subparagraphs (a)(2)(it) or (iii) of this clause shall
be paid to all workers performing work in the
classification uncer this contract from the first day
on which work is performed in 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 Coniractor shall either pay the benefit as
stated in the wage determinaiion 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 cosis 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.
(b) Withholding of funds. HUD or its designee shall, upon its
own action or upon written request of an authorized
representative of the Department of Labor, withhold or
cause to be withheld from the Contractor under this
contract or any other Federal contract with the same
prime Contractor, or any other nederally-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 in the construction or development
of the project, all or part of the wages required by the
contract, HUD or its designee may, after written notice to
the Contractor, take such action as may be necessary to
cause the suspension of any further payment, advance,
or guarantee of funds until such violations have ceased.
HUD or its designee may, after written notice to the
Contractor, disburse such amounts withheld for and on
account of the Contractor or subcontractor to the
respective employees to whom they are due.
(c) Payrolls and basic recards.
(1) Payrolls and basic records relating thereto shall bé
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 in
the construction or development of the project. Such
records shall contain the name, address, and social
security number of each such worker, his or her
correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated
for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(6)(2)(B) of
the Davis-Bacon Act), daily and weekly number of
hours worked, deductions made, and actual wages
paid. Whenever the Secretary of Labor has found,
under 29 CFR §.5(a)(1)(iv), that the wages of any
laborer or mechanic include the amount of costs
reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2}(B) of the
Davis-Bacon Act, the Contractor shall maintain
records which show that the commitment to provide
such benefits is enforceable, that the plan or program
is financially responsible, and that the plan or
program has been communicated in writing to the
iaborers or mechanics affected, and records which
show the costs anticipated or the actual cost incurred
in providing such benefits. Contractors employing
apprentices or trainees under approved programs
shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee
programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in
the applicable programs.
Previous editions are obsolete
Replaces fom HUD-5370-A
Page 16 of 19
form HUD-&370 (1/2014)Jump to an indexed page (88 of 88)