2012-049 RES ACCEPTING BID AND APPROVING NOTICE OF AWARD FOR TDRA CDBG #729599 SEWER SYSTEM MANHOLE IMPROVEMENTS PROJECT IN COP TO B BRAY CONSTRUCTION

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Federal Labor Standards Provisions U.S. Department of Housing And Urban Development The Project or Program to which tfie constnxtion work covered by this wntract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are induded in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionaliy and not less than once a week, and without subsequent deduction or rebate on any acoount (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 thereof) 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 contrador and such laborers and mechanics. Contributions made or costs reasonably antidpated for bona fide fringe benefits under Sedion 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 contributions made or oosts incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weeldy period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and finge benefits on the wage determination for the dassification of woric 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 dassification may be wmpensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is pertormed. The wage determinaiion (including any additional dassification and wage rates conformed under 29 CFR Part 5.5(a)(1)(11) 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. (ii)(a) Any dass of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shatl be dassified in conformance with the wage rate and finge benefits therefore only when the following criteria have been met. (i) The work to be performed by the dassification requested is not pertormed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction Industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relatbnship to the wage rates contained in the wage determination. (b) If the corrtractor and the laborers and mechania to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the dassification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the aciion taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every addfional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is neoessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140). (c) In the event the contractor, the laborers or mechanics to be employed in the dassification or their representatives, and HUD or its designee do not agree on the proposed dassification and wage rete (including the amount designated for fringe benefits, where appropriate), HUD or its designee shalf refer the questions, including the vlews of all Interesbed parties and the recommendation of HUD or its designee, ro the Administrator for determination. The Administrator, or an authorized representative will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee witlhin the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (d) The wage rate (including fringe benefits where appropriabe) determined pursuarrt to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the dassificatlon under tfiis contract from the first day on which wak is pertormed in the classification. (iii) Whenever the minimum wage rate prescribed in the oontrad for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall eitlier pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of an laborer or mechanic the amount of any oosts reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written 60