1-Exhibits B - All SLC Exhibits Combined.pdf

"General Decision Number: UT20260034 05/18/2026

State: Utah

Construction Types: Residential

Counties: Utah Counties of Salt Lake

RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories)

Modification Number Publication Date 0 01/02/2026 1 05/18/2026

ENGI0003-052 07/01/2013

Rates Fringes

OPERATOR: POWER EQUIPMENT: (7) ROLLER (DIRT AND

GRADE COMPACTION)...................................$ 21.50 15.65

OPERATOR: POWER EQUIPMENT: (5) ASPHALT ROLLER,

FRONT END LOADER (UNDER 2 CU. YDS.).................$ 23.37 15.65

OPERATOR: POWER EQUIPMENT: (4) ASPHALT PAVER,

BACKHOE LOADER COMBO, BULLDOZER, FRONT END LOADER

(2 TO 5 CU. YDS.), OIL DISTRIBUTOR..................$ 24.37 15.65

OPERATOR: POWER EQUIPMENT: (3) BACKHOE/EXCAVATOR,

FRONT END LOADER (OVER 5 CU. YDS. ).................$ 25.37 15.65

OPERATOR: POWER EQUIPMENT: (2A) BLADE/GRADER.......$ 25.89 15.65

OPERATOR: POWER EQUIPMENT: (1) MECHANIC...........$ 27.55 15.65

OPERATOR: POWER EQUIPMENT (6) SCREED...............$ 22.41 15.65

LABO0295-020 07/01/2012

Rates Fringes

LABORER (CHAIN/CONCRETE SAW, JACKHAMMER AND

VIBRATOR)...........................................$ 18.63 6.35

PLUM0140-016 08/01/2019

Rates Fringes

7/21/26, 1:53 PM SAM.gov https://sam.gov/wage-determination/UT20260034/1 1/7

PLUMBER (EXCLUDING HVAC PIPE INSTALLATION)..........$ 30.60 10.85

SFUT0669-002 01/01/2024

Rates Fringes

SPRINKLER FITTER....................................$ 38.17 25.54

SUUT2008-049 08/28/2008

Rates Fringes

SHEET METAL WORKER, INCLUDES HVAC DUCT, PIPE AND

UNIT INSTALLATION...................................$ 15.31 0.00

ROOFER..............................................$ 17.14 0.00

PAINTER: BRUSH, ROLLER AND SPRAY, EXCLUDES DRYWALL

FINISHING/TAPING....................................$ 11.23 0.00

OPERATOR: TRACKHOE.................................$ 14.89 0.00

LABORER: MASON TENDER (BRICK AND HOD)...............$ 12.00 0.00

LABORER: MASON TENDER - CEMENT/CONCRETE............$ 12.95 0.00

LABORER: LANDSCAPE.................................$ 10.00 0.19

LABORER: COMMON OR GENERAL.........................$ 11.31 4.90

LABORER: ASPHALT SHOVELER..........................$ 12.95 0.00

LABORER: ASPHALT RAKER.............................$ 13.00 0.00

ELECTRICIAN.........................................$ 16.06 1.97

DRYWALL HANGER, EXCLUDES METAL STUD INSTALLATION....$ 18.82 0.00

DRYWALL FINISHER/TAPER..............................$ 17.90 1.96

CEMENT MASON/CONCRETE FINISHER......................$ 13.50 2.91

CARPENTER, INCLUDES METAL STUD INSTALLATION, AND

SIDING INSTALLATION (EXCLUDES DRYWALL HANGING)......$ 14.61 0.00

BRICKLAYER..........................................$ 17.92 0.00

TEAM0222-018 07/01/2024

Rates Fringes

TRUCK DRIVER: WATER, FUEL & OIL TANK (LESS THAN

1,200 GAL.).........................................$ 29.37 14.65

TRUCK DRIVER: WATER, FUEL & OIL TANK (6,000 GAL. TO

LESS THAN 10,000 GAL)...............................$ 28.60 14.65

TRUCK DRIVER: WATER, FUEL & OIL TANK (4,000 GAL. TO

LESS THAN 6,000 GAL)................................$ 28.33 14.65

TRUCK DRIVER: WATER, FUEL & OIL TANK (25,000 GAL.

AND OVER)...........................................$ 31.20 14.65

TRUCK DRIVER: WATER, FUEL & OIL TANK (20,000 GAL.

TO LESS THAN 25,000 GAL)............................$ 31.04 14.65

TRUCK DRIVER: WATER, FUEL & OIL TANK (2,500 GAL. TO

LESS THAN 4,000 GAL)................................$ 29.53 14.65

TRUCK DRIVER: WATER, FUEL & OIL TANK (15,000 GAL.

TO LESS THAN 20,000 GAL)...........................$ 30.66 14.65

TRUCK DRIVER: WATER, FUEL & OIL TANK (10,000 GAL.

TO LESS THAN 15,000 GAL)............................$ 30.59 14.65

https://sam.gov/wage-determination/UT20260034/1 2/7

TRUCK DRIVER: WATER, FUEL & OIL TANK (1,200 GAL. TO

LESS THAN 2,500 GAL)................................$ 27.85 14.65

TRUCK DRIVER: TRANSIT MIX (OVER 8 CU. YDS. TO 14

CU. YDS)............................................$ 29.72 14.65

TRUCK DRIVER: TRANSIT MIX (0 CU. YDS. TO 8 CU. YDS).$ 29.62 14.65

TRUCK DRIVER: TIREMEN AND GREASER...................$ 30.19 14.65

TRUCK DRIVER: OIL SPREADER..........................$ 32.68 14.65

TRUCK DRIVER: LOWBOY................................$ 32.69 14.65

TRUCK DRIVER: FLAT RACK, BULK CEMENT,

SEMI-TRAILERS, MUD/BANDING AND PAINT (PICKUP TRUCK).$ 29.18 14.65

TRUCK DRIVER: FLAT RACK, BULK CEMENT,

SEMI-TRAILERS, MUD/BANDING AND PAINT (LESS THAN 10

TONS)...............................................$ 29.26 14.65

TRUCK DRIVER: FLAT RACK, BULK CEMENT,

SEMI-TRAILERS, MUD/BANDING AND PAINT (20 TONS AND

OVER)...............................................$ 29.69 14.65

TRUCK DRIVER: FLAT RACK, BULK CEMENT,

SEMI-TRAILERS, MUD/BANDING AND PAINT (15 TONS TO

LESS THAN 20 TONS)..................................$ 29.53 14.65

TRUCK DRIVER: FLAT RACK, BULK CEMENT,

SEMI-TRAILERS, MUD/BANDING AND PAINT (10 TONS TO

LESS THAN 15 TONS)..................................$ 29.42 14.65

TRUCK DRIVER: DUMP TRUCK, BOTTOM-END OR SIDE (LESS

THAN 8 CU. YDS.)....................................$ 29.37 14.65

TRUCK DRIVER: DUMP TRUCK, BOTTOM-END OR SIDE (95

CU. YDS. TO LESS THAN 105 CU. YDS.).................$ 30.56 14.65

TRUCK DRIVER: DUMP TRUCK, BOTTOM-END OR SIDE (8 CU.

YDS. TO LESS THAN 14 CU. YDS.)......................$ 29.53 14.65

TRUCK DRIVER: DUMP TRUCK, BOTTOM-END OR SIDE (75

CU. YDS. TO LESS THAN 95 CU. YDS.).................$ 30.34 14.65

TRUCK DRIVER: DUMP TRUCK, BOTTOM-END OR SIDE (55

CU. YDS. TO LESS THAN 75 CU. YDS.)..................$ 30.12 14.65

TRUCK DRIVER: DUMP TRUCK, BOTTOM-END OR SIDE (35

CU. YDS. TO LESS THAN 55 CU. YDS.)..................$ 29.91 14.65

TRUCK DRIVER: DUMP TRUCK, BOTTOM-END OR SIDE (14

CU. YDS. TO LESS THAN 35 CU. YDS.)..................$ 29.67 14.65

TRUCK DRIVER: DUMP TRUCK, BOTTOM-END OR SIDE (105

CU. YDS. TO LESS THAN 130 CU. YDS.).................$ 30.69 14.65

TRUCK DRIVER: CONCRETE PUMPING......................$ 29.62 14.65

TRUCK DRIVER: ARTICULATED...........................$ 32.14 14.65

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any https://sam.gov/wage-determination/UT20260034/1 3/7 solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis-Bacon Related Acts regardless of when they were awarded. If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.65 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract from May 11, 2026, through December 31, 2026. The applicable Executive Order minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.

Union Rate Identifiers

A four-letter identifier beginning with characters other than �SU�, �UAVG�, �SA�, or �SC� denotes that a union rate was https://sam.gov/wage-determination/UT20260034/1 4/7 prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers.

0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.

Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification.

Union Average Rate Identifiers

The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:

UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.

The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.

A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based.

Survey Rate Identifiers

The �SU� identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier.

https://sam.gov/wage-determination/UT20260034/1 5/7

�SU� wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1).

State Adopted Rate Identifiers

The �SA� identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.

The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the �SA� identifier took effect under state law in the state from which the rates were adopted.

WAGE DETERMINATION APPEALS PROCESS

1) Has there been an initial decision in the matter? This can be:

a) a survey underlying a wage determination

b) an existing published wage determination

c) an initial WHD letter setting forth a position on a wage determination matter

d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to:

Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations.

Requests can be submitted via email to BCWD-Office@dol.gov or by mail to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2) If an initial decision has been issued, then any interested https://sam.gov/wage-determination/UT20260034/1 6/7 party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210.

END OF GENERAL DECISION

https://sam.gov/wage-determination/UT20260034/1 7/7

Last updated 02/17/2022

The undersigned bidder/contractor certifies as part of its bid or contract that it is a Section 3 Business Concern as indicated below (check applicable box):

Category 1 Business: It is at least 51 percent owned and controlled by low- or very low-income persons.

Category 2 Business: Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers;

A Section 3 worker Any worker who currently fits or when hired within the past five years fit at least one of the following categories, as documented: (i) The worker's income for the previous or annualized calendar year is below the income limit established by HUD. (ii) The worker is employed by a Section 3 business concern. (iii) The worker is a YouthBuild participant.

Category 3 Business: It is a business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.

Is not a Section 3 Business

The undersigned bidder/contractor certifies as part of its bid or contract that it is a minority owned business as indicated below (check applicable box):

Minority Owned Business: A business that is owned by 51% or more by a minority resident

Ethnicity:

Is not a Minority Owned Business

The undersigned bidder/contractor certifies as part of its bid or contract that it is a woman owned business as indicated below (check applicable box):

Woman Owned Business: A business that is owned by 51% or more by a woman resident

Is not a Woman Owned Business

The undersigned bidder/contractor certifies as part of its bid or contract that it will be required to hire new employees to complete this project (check applicable box):

Project will require the hiring of new employees or staff: if yes, Approximate number of new hires expected:

Of those new hires, how many are Section 3 residents? __________

Project will not require the hiring of new employees or staff

Certification

Business Name Project Name

Business Address DUNS # Tax ID #

Signatory Name (Print) Signature/Date

Davis Bacon Labor Relations Section 3, Minority, and Woman Owned

Business Certification

Section 3 Compliance Worksheet

Contractor Name Project Name Contract Number

Point of Contact Telephone Number Email

Project Start Date Project End Date Extra Notes

This Form should be completed by all Contractor and Subcontracts who have been awarded a bidding contract for projects that include housing rehabilitation, housing construction, or other public construction projects assisted under HUD programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds a threshold of $200,000.

This may include funding that comes from other HUD or federal programs including but not limited to:

CDBG, HOME, ESG, and HOPWA if the total project cost exceeds the $200,000 threshold. (Per 24 CFR part 75)

Please fully complete this form. If your company does not track labor hours in detail through a time-and attendance system, please provide a good faith assessment of the labor hours for all full or part time employees working on this project.

Please submit this form with the last certified payroll of the project, or if the project will take multiple years to complete, please complete the form by July 15th annually, along with a final completed form with the last certified payroll at the completion of the project.

GENERAL GUIDANCE AND DEFINITIONS

Section 3 of the Housing and Urban Development Act of 1968 (codified at 12 U.S.C. 1701u and implemented at 24 CFR Part 75, hereinafter, "Section 3"), as amended, requires that economic opportunities, most importantly employment, generated by certain U.S. Department of Housing and Urban Development (“HUD”) financial assistance shall be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, or residents of the community in which the Federal assistance is spent.

More information and guidance if needed can be found at:

https://www.hud.gov/sites/documents/11SECFAQS.PDF https://www.hud.gov/sites/documents/11SECFAQS.PDF

What Does “Section 3 Worker” Mean?

A Section 3 worker is any worker who currently fits, or when hired within the past five years fit, at least one of the following categories, as documented:

1. The worker’s income for the previous or annualized calendar year is below the income limit established by HUD;

2. The worker is employed by a Section 3 business concern; or

3. The worker is a YouthBuild participant.

What Does “Targeted Section 3 Worker” Mean?

A Section 3 targeted worker for Public Housing Financial Assistance projects is a Section 3 worker who:

1. is employed by a Section 3 business concern; or

2. currently fits or when hired fit at least one of the following categories, as documented within the past five years:

(i) A resident of public housing or Section 8-assisted housing;

(ii) A resident of other public housing projects or Section 8-assisted housing managed by the PHA that is providing the assistance; or

(iii) A YouthBuild participant.

A Section 3 targeted worker for Housing and Community Development Financial Assistance projects is a Section 3 worker who:

1. is employed by a Section 3 business concern; or

2. currently fits or when hired fit at least one of the following categories, as documented within the past five years:

(i) Living within the service area or the neighborhood of the project, as defined in 24 CFR § 75.5; or

(ii) A YouthBuild participant.

What Does “Section 3 Business Concern” mean?

A Section 3 business concern is a business that meets at least one of the following criteria, documented within the last six-month period:

1. At least 51 percent owned and controlled by low- or very low-income persons;

2. Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers; or

3. A business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.

How are low-income and very low-income determined?

Low- and very low-income limits are defined in Section 3(b)(2) of the Housing Act of 1937 and are determined annually by HUD. These limits are typically established at 80 percent and 50 percent of the area median individual income.

Very Low (50%) Income Limit Low (80%) Income Limit

SECTION 3 BENCHMARK GOALS

1. 25 percent or more of the total number of labor hours worked by all workers on the project are Section 3 Workers; and

2. 5 percent or more of the total number of labor hours worked by all workers on the project are Targeted Section 3 Workers.

3. 30 percent of all New Hires are Section 3 Workers

HIRING PRIORITIES

Employment and training opportunities created by housing and community development programs shall be given to Section 3 Workers in the following order of priority:

P1: Section 3 Workers residing within the service area or the neighborhood of the project; and

P2: Participants in YouthBuild programs.

Part 1: Workforce Composition

Total Number of ALL WORKERS who worked on the project

Total Number of SECTION 3 WORKERS who worked on the project

Total Number of TARGETED SECTON 3 WORKERS who worked on the project

Part 2: Labor Hour Benchmarks

Labor hours worked on the project for ALL WORKERS

(Include existing and new hires who worked the project)

Labor hours worked on the project for SECTION 3 WORKERS

(Include existing and new hires who worked the project)

Labor hours worked on the project for TARGETEDSECTION 3

WORKERS

(Include existing and new hires who worked the project)

Part 3: new Hire Benchmarks

Did you hire any Section 3 Workers or Targeted Section 3 Workers in relation to this contract?

☐ YES ☐ NO

If YES, please complete the following tables, If NO move on to part 4

Total number of New Hires Total number of SECTION 3 WORKER new hires

Total number of TARGETED SECTION 3 WORKER new hires

List all New Hires in relation to this contract. If reporting more new hires than able to list here, create an excel spreadsheet with the same columns and use that instead:

New Hire Name

Position/ Title

Pay Rate Total Hours Worked

Hire Date

End Date Gender Section 3 or Targeted Section 3 Worker?

Hiring Priority (P1, or P2).

Part 4: Subcontractors

Did you have any subcontractors work on this project? If NO please move to part 5.

☐ YES ☐ NO

Subcontractor Name

Trade Start Date End Date Business Type

(MBE, WBE,

Section 3)

Part 5: Qualitative Efforts (24 CFR part 75.15) If you were unable to reach the quantified benchmarks goals presented above and/or part of the 24 CFR part 75.15, please check which box(es) that apply to demonstrate your good faith efforts to satisfy your section 3 obligations.

☐Engaged in outreach efforts to generate job applicants who are Targeted Section 3 Workers, including, HUD Opportunity Portal, social media pages, contacting Resident Advisory Councils, and other platforms;

☐Contacted agencies in Utah administering YouthBuild Programs;

☐Consulted with state and local agencies administering training programs, such as those funded through Workforce Investment Act, unemployment compensation programs, community organizations and other officials or organizations to assist with training and recruiting Section 3 Workers and Targeted Section 3 Workers;

☐Held job fairs;

☐Provided or connecting Section 3 Workers and Targeted Section 3 Workers with assistance in seeking employment, including: drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services;

☐Provided or referring Section 3 Workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care);

☐Assisted Section 3 Workers to obtain financial literacy training and/or coaching;

☐Engaged in outreach efforts to identify and secure bids from Section 3 Business Concerns.

☐Provided technical assistance to help Section 3 Business Concerns understand and bid on contracts;

☐Divided contracts into smaller jobs to facilitate participation by Section 3 Business Concerns;

☐Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 Business Concerns;

☐Promoted use of Section 3 Business Registries designed to create opportunities for Section 3, disadvantaged and small businesses.

Part 6: Notes and Comments

Please Sign Below:

Signature Name and Title Date

Previous editions obsolete Form HUD-4010, (10/2023) ref. Handbook 1344.1

HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards

A. APPLICABILITY

The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.

1. Minimum wages and fringe benefits

i. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), 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 basic hourly 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 contractor and such laborers and mechanics. As provided in 29 CFR 5.5(d) and (e), the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of these contract clauses; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated 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 performed. The wage determination (including any additional classifications and wage rates conformed under 29 CFR 5.5(a)(1)(iii)) and the Davis-Bacon poster (WH-1321) must 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. Frequently recurring classifications A. In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to 29 CFR 5.5(a)(1)(iii), provided that:

1. The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined;

2. The classification is used in the area by the construction industry; and

3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.

B. The Administrator will establish wage rates for such classifications in accordance with 29 CFR

5.5(a)(1)(iii)(A)(3). Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.

iii. Conformance A. The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:

1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and

2. The classification is used in the area by the construction industry; and

3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

B. The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.

C. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.

D. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.

E. The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under 29 CFR 5.5 (a)(1)(iii)(C) and (D). The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to 29 CFR 5.5 (a)(1)(iii)(C) or (D) must 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.

iv. Fringe benefits not expressed as an hourly rate 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 may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.

v. Unfunded plans 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 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, in accordance with the criteria set forth in 29 CFR 5.28, 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.

vi. Interest In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

mailto:DBAconformance@dol.gov mailto:DBAconformance@dol.gov

2. Withholding

i. Withholding requirements

The U. S. Department of Housing and Urban Development may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in 29 CFR 5.5(a) for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor’s failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (or otherwise working in construction or development of the project under a development statute) all or part of the wages required by the contract, or upon the contractor’s failure to submit the required records as discussed in 29 CFR 5.5(a)(3)(iv), HUD may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, 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.

ii. Priority to withheld funds The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:

A. A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;

B. A contracting agency for its reprocurement costs;

C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate;

D. A contractor’s assignee(s);

E. A contractor’s successor(s); or F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.

3. Records and certified payrolls

i. Basic record requirements

A. Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.

B. Information required Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker’s correct classification(s) of work actually performed; 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 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.

C. Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(v) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must 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 laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.

D. Additional records relating to apprenticeship Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.

ii. Certified payroll requirements A. Frequency and method of submission The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts-covered work is performed, certified payrolls to HUD if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system

B. Information required The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i)(B), except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (e.g., the last four digits of the worker’s Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/ sites/dolgov/files/WHD/legacy/files/wh347.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records).

C. Statement of Compliance Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor’s or subcontractor’s agent who pays or supervises the payment of the persons working on the contract, and must certify the following:

1. That the certified payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information and basic records are being maintained under 29 CFR 5.5 (a)(3)(i), and such information and records are correct and complete;

2. That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347.pdf https://or/ https://or/ from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3;

and

3. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract.

D. Use of Optional Form WH-347 The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the “Statement of Compliance” required by 29 CFR 5.5(a)(3)(ii)(C).

E. Signature The signature by the contractor, subcontractor, or the contractor’s or subcontractor’s agent must be an original handwritten signature or a legally valid electronic signature.

F. Falsification The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.

G. Length of certified payroll retention The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.

iii. Contracts, subcontracts, and related documents The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.

iv Required disclosures and access A. Required record disclosures and access to workers The contractor or subcontractor must make the records required under 29 CFR 5.5(a)(3)(i)–(iii), and any other documents that HUD or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by 29 CFR 5.1, available for inspection, copying, or transcription by authorized representatives of HUD or the Department of Labor, and must permit such representatives to interview workers during working hours on the job.

B. Sanctions for non-compliance with records and worker access requirements If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to 29 CFR 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production.

C. Required information disclosures Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to HUD if the agency is a party to the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity

i. Apprentices

A. Rate of pay Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

B. Fringe benefits Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination.

C. Apprenticeship ratio The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to 29 CFR 5.5(a)(4)(i)(D). Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in 29 CFR 5.5(a)(4)(i)(A), must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.

D. Reciprocity of ratios and wage rates Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker’s hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor’s registered program must be observed.

ii Equal employment opportunity The use of apprentices and journeyworkers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

5 Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

6 Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (11), along with the applicable wage determination(s) and such other clauses or contract modifications as the U.S. Department of Housing and Urban Development may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate.

7 Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29

CFR 5.12.

8 Compliance with Davis-Bacon and Related Act…