Vista City Council
May 12, 2026

form HUD-4010 (06/2009)
ref. Handbook 1344.1
Appendix B
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(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed onthe 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 f rom the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and f ringe benefits or cash
equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
(c) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH- 347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph A.

3.(ii)(b).
(d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the
records required under subparagraph A. 3.(i) available for inspection, copying, or t ranscription by authorized
representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. Ifthe contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written
notice to the contractor, sponsor, applicant or owner, 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 may be grounds for debarment action pursuant to 29 CFR 5.12.

4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and_ individually
registered in abona fide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, orifaperson is employed in his or her first 90 days of probationary employment as an
apprentice in such an apprenticeship program, who is not individually registered in the program, but who has_ been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who
is not registered or otherwise employed as stated above, shall 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 the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where acontractor is performing construction on aproject in alocality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman’ s hourly rate) specified in the contractor’ s or subcontractor’ sregistered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’ s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid f ringe benefits in accordance’ with the
provisions of the apprenticeship program. | f the
apprenticeship program does not specify f ringe benefits, apprentices must be paid the full amount of fringe benefits | isted on the wage determination for the applicable
classification. Ifthe Administrator determines that adifferent practice prevails for the applicable apprentice classification, f ringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or aState Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5. 16,
t rainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ‘ , to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor,
Employment and Training Administration. The ratio of t
rainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’ s level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. Ifthe t rainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee | isted on the payroll at at rainee rate who is not registered and participating in a training plan approved by
form HUD-4010 (06/2009)
Previous editions are obsolete

Appendix B


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the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any t rainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under 29 CFR Part 5 shall 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 inthis contract

6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph.

7. Contract termination; debarment. A breach of the
contract clauses in 29 CFR 5. 5may 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 Requirements.

All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein
incorporated by reference in this contract

9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract.

Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its
subcontractors) and HUD _ or its designee, the U. S.

Department of Labor, or the employees’ or their
representatives.

10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it( nor he or she) nor any person or firm who has an interest in the contractor’ s firmis aperson orfirm ineligible to be awarded Government contracts by virtue of Section 3 (a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person orfirmineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR

5. 12( a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001. Additionally, U.

S. Criminal Code, Section 101 0, Title 18, U.S.C., “Federal Housing Administration t ransactions”, provides in part: “W hoever, for the purpose of . . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5, 000 or imprisoned not more than two
years, or both.”

11. Complaints, Proceedings, or Testimony’ by
Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer.

B. Contract Work Hours and Safety Standards Act. The
provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.
(2) Violation; | iability for unpaid wages; | iquidated damages. In the event of any violation of the clause set forth in subparagraph (1 ) of this paragraph, the contractor and any subcontractor responsible therefor shall be | iable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or aterritory, to such District or to such territory), for liquidated damages.

Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph.

Previous editions are obsolete

form HUD-4010 (06/2009)
ref. Handbook 1344.1
Appendix B
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(3) Withholding for unpaid wages_ and | iquidated
damages. HUD orits designee shall uponits own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally- assisted contract subject to the Contract W ork Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and _ liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses’ set forth in
subparagraph (1) through (4 ) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.

C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract W ork Hours and Safety Standards Act, (Public Law 91- 54, 83 Stat 96). 40 USC 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.

Previous editions are obsolete

Appendix B
form HUD-4010 (06/2009)
ref. Handbook 1344.1


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05/12/2026 C6 192 of 440

Appendix C:

Federal Requirements and Special Provisions
164

164
Appendix C:

Federal Requirements and Special Provisions

05/12/2026 C6 193 of 440

APPENDIX C

FEDERAL REQUIREMENTS AND SPECIAL PROVISIONS

ITEMS THAT MUST BE SUBMITTED WITH BID PACKAGE
Items in this Section are included in the bid proposal section of the bid Contractor’s Certification on Federal Contract Requirements Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters
Disclosure of Lobbying Activities and Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities
Equal Employment Opportunity Certification
Non-Segregated Facilities Certification
Non-Lobbying Certification for Federal-Aid Contracts
Non-Collusion Affidavit

ITEMS THAT MUST BE SUBMITTED PRIOR TO AWARD OF CONTRACT Section 3 Bidder’s Certification 2
Section 3 Estimated Work Force Breakdown 3
Contract and Subcontract Activity – HUD Form 2516 4

ITEMS THAT MUST BE COMPLETED AND SUBMITTED FOR DURATION OF PROJECT Payroll Reporting DOL Form WH-347 and Instructions for Completion 6 Note: the form is double-sided. Must complete form in its entirety and submit weekly.

Record of Employee Interview 11
Note: City staff will conduct on the job interviews and complete the form

ITEMS THAT MUST BE COMPLETED AND SUBMITTED AT COMPLETION OF PROJECT Section 3 Work Force Breakdown 13

OTHER FEDERAL REQUIREMENTS
Notice of Requirement for Affirmative Action to Ensure Equal Employment 14 Opportunity Executive Order 11246: 41 CFR Part 60-2
Employee Rights Under the Davis-Bacon Act – Poster in English and Spanish 15 Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) Policy 17 Section 3 Compliance Guide 18
Davis-Bacon Labor Standards 22
05/12/2026 C6 194 of 440

SECTION 3

BIDDER'S CERTIFICATION
Name of Company: ____________________________________________________________ Address: ____________________________________________________________________ Project Title: _________________________________________________________________ This is to certify that I have read and understand the Section 3 resident employment and Section 3 resident business utilization requirements that apply to the above cited project, said requirements being known as the Section 3 Clause found in 24 CFR 135 and that neither the project nor the company are under any contractual restrictions or other disabilities which would prevent the company from complying with said requirements. ______________________________ ________________________ ____________ Signature Title Date
______________________________ ________________________ ____________ Signature Title Date
205/12/2026 C6 195 of 440

SECTION 3 ESTIMATED WORK FORCE BREAKDOWN

MUST BE COMPLETED BY PRIME AND SUBCONTRACTORS
Company Name: __________________________________________________ Address: __________________________Primary Contact:____________________________ __________________________Contact Phone Number:______________________ Project Title:________________________________________
Employment and Training
Job Category
TOTAL

ESTIMATED

POSITIONS

NEED FOR

PROJECT
TOTAL

POSITIONS

OCCUPIED BY

PERMANENT

EMPLOYEES

NUMBER OF

POSITIONS NOT

OCCUPIED

NUMBER OF

POSITIONS TO BE

FILLED WITH
SECTION 3
RESIDENTS*
Administrative Staff:

Professionals
Technicians
Office/Clerical
Other Admin Staff
Construction by Trade
(list trade below):
*Section 3 Resident: Public housing resident of the City of Vista who qualifies as a low-income person. HUD defines a low-income person as one whose household income does not exceed 80% of the median income for the region, with adjustments for family size.
305/12/2026 C6 196 of 440

blank pageCMBOL
QBHF
05/12/2026 C6 197 of 440

PH
IH
CPD
Housing
Grant/Project Number or HUD
Case Number or other
identification of property,
subdivision, dwelling unit, etc.
7a.

Amount of
Contract or
Subcontact
7b.

Type of Trade
Code
(See below)
7c.

Contractor or
Subcontractor
Business
Racial/Ethnic
(See below)
7d.

Woman Owned Business
(Yes or No)
7e.

Prime Contractor Identification (ID)
Number
7f.

Sec. 3
7g.

Subcontractor
Identification (ID)
Number
7h
Sec. 3
7i.

State Zip
CPD:
1 = New Construction 6 = Professional
2 = Education/Training 7 = Tenant Services
3 = Other 8 = Education/Training
0 = Other5 = Project Mangt.
4 = Service
6 = Hasidic Jews
Privacy Act Notice = The United States Department of Housing and Urban Development, Federal Housing Administration, is authorized to solicit the Information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and regulation. It will not be disclosed or relesed outside the United States Department of Housing and Urban Development without your consetn, except as required or permitted by Law.

Previous editions are obsolete.form HUD-2516 (8/98)
Contract and Subcontract Activity
Contractor/Subcontractor Name and Address
7j.

Name Street City
U.S. Department of Housing and Urban Development
Check if:

OMB Approval No.: 2577-0088 OMB
Approval No.: 2502-0355
Executive Orders dated July 14, 1983, directs the Minority Business Development Plans shall be developed by each Federal Agency and the these annual plans shall establish minority business development objectives. The information is used by HUD to monitor and evaluate MBE activities against the total program activity and the designated minority business enterprise (MBE) goals. The Department requires the information to provide guidance and oversight for programs for the development of minority business enterprise concerning Minority Business Development. If the information is not collected HUD would not be able to establish meaningful MBE goals nor evaluate MBE performance against these goals.

Public reporting burden for this collection of information is estimated to average .5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The Information is voluntary. HUD may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB Control Number.

Oct. 1 - Sept. 30 (Annual -FY)
2 = Substantial Rehab.
3 = Repair
3 = Native Americans
4 = Hispanic Americans
9 = Arch./Engrg. Appraisal 5 = Asian/Pacific Americans
8 = Section 8114 = Insured (Management)
3 = Section 8 Noninsured, Non-HFDA 7 = Public/India Housing 7d: Racial/Ethnic Codes:
1 = White Americans
5: Program Codes (Complete for Housing and Public and Indian Housing programs only):
2= Flexible Subsidy
1 = All Insured, including Section8 5 = Section 202
6 = HUD-Held (Management)
Housing/Public Housing:
7c: Type of Trade Codes:
2 = Black Americans1 = New Construction

1. Grantee/Project Owner/Developer/Sponsor/Builder/Agency 3a. Name of Contact Person 3b. Phone Number (Including Area Code)4. Reporting Period 5. Program Code (Not applicable for CPD programs.) See explanation of Codes at bottom of Page Use a
separate sheet for each program code.

6. Date Submitted to Field Office

2. Location (City, State Zip Code)
4 05/12/2026 C6 198 of 440

This report is to be completed by grantees, developers, sponsors, builders, agencies, and/or project owners for reporting contract and subcontract activities of $10,000 or more under the following programs: Community Development Block Grants (entitlement and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance.
completed for public and Indian housing and most community development programs. Form HUD- 60002 is to be completed by all other HUD programs including State administered community development programs covered under Section3. A Section 3 Contractor/subcontractor is a business concern that provides economic opportunities to low and very Low-income residents of the metropolitan area (or nonmetropolitan county), including a business concern that is 51 person or more owned by low-income residents;
costs or unusually high or low-income families. Very low-income families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes.

Contracts/subcontracts of less than $10,000 need be reported only if such contracts represent a significant portion of your total contracting activity. Include only contracts executed during this reporting period.
or provides subcontracting or business development opportunities to businesses owned by low or low-income residents. Low and very low-income residents; include participants in Youthbuild programs established under Subtitle D of Title IV of the Cranston-Gonzalez National Affordable Housing Act.

Submit two (2) copies of this report to your local HUD Office within ten (10) days after the end of the reporting period you checked in item 4 on the front. Complete item 7h. Only once for each contractor/subcontractor on each semi-annual report.

This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD-60002 to report employment and training opportunities data. Form HUD-2516 is to be
The terms “low-income persons” and “very low-income persons” have the same meanings given the terms in section3(b)(2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller an larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction
Enter the prime contractor's ID in item 7f. for all contracts and subcontracts. Include only contracts expected during this reporting period. PHAs/IHAs are to report all contracts/subcontracts.

Community Development Programs Multifamily Housing Programs Public Housing and Indian Housing Programs

1. Grantee: Enter the name of the unit of government submitting this report.1. Grantee/Project Owner: Enter the name of the unit of government, agency or mortgagor entity submitting this report.

PHAs/IHAs are to report all contracts/subcontracts. Include only contracts executed during this reporting period.

3. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data.3. Contact Person: Same as item 3 under CPD Programs.1. Project Owner: Enter the name of the unit of government, agency or mortgagor entity submitting this report. Check box as appropriate.
7a. Grant Number: Enter the HUD Community Development Block Grant Identification Number (with dashes). For example: B-32-MC-25-0034. For Entitlement Programs and Small City multi-year comprehensive programs, enter the latest approved grant number.

4. Reporting Period: Check only one period.3. Contact Person: Same as item 3 under CPD Programs. 7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest dollar.

If subcontractor ID number is provided in 7f, the dollar figure would be for the subcontract only and not for the prime contract.

5. Program Code: Enter the appropriate program code.4. Reporting Period: Check only one period. 7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f., the type of trade code would be for the subcontractor only and not for the prime contractor. 7a. Grant/Project Number: Enter the HUD Project Number or Housing Development Grant or number assigned.5. Program Code: Enter the appropriate program code.

The "other" category includes supply, professional services and all other activities except construction and education/training activities.7b. Amount of Contract/Subcontract: Same as item 7b. under CPD Programs.7a. Grant/Project Number: Enter the HUD Project Number or Housing Development Grant or number assigned.
7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic/gender character of the owner(s) and controller(s) of 51% of the business. 7c. Type of Trade: Same as item 7c. under CPD Programs.7b. Amount of Contract/Subcontract: Same as item 7b. under CPD Programs.

When 51% or more is not owned and controlled by any single racial/ethnic/gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided, the code would apply to the subcontractor and not to the prime contractor. 7d. Business Racial/Ethnic/Gender Code: Same as item 7d. under CPD Programs.7c. Type of Trade: Same as item 7c. under CPD Programs. 7e. Woman Owned Business: Enter Yes or No.7e. Woman Owned Business: Enter Yes or No.7d. Business Racial/Ethnic/Gender Code: Same as item 7d. under CPD Programs. 7f. Contractor Identification (ID) Number: Enter the Employer (IRS) Number of the Prime Contractor as the unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number must be provided for each contract/subcontract awarded. 7f. Contractor Identification (ID) Number: Same as item 7f. under CPD Programs.7e. Woman Owned Business: Enter Yes or No. 7g. Section 3 Contractor: Enter Yes or No.7g. Section 3 Contractor: Enter Yes or No.7f. Contractor Identification (ID) Number: Same as item 7f. under CPD Programs. 7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided, the respective Prime Contractor ID Number must also be provided.
7h. Subcontractor Identification (ID) Number: Same as item 7h. under CPD Programs.7g. Section 3 Contractor: Enter Yes or No. 7i. Section 3 Contractor: Enter Yes or No.7i. Section 3 Contractor: Enter Yes or No.7h. Subcontractor Identification (ID) Number: Same as item 7h. under CPD Programs. 7j. Contractor/Subcontractor Name and Address: Enter this information for each firm receiving contract/subcontract activity only one time on each report for each firm.7j. Contractor/Subcontractor Name and Address: Same as item 7j. under CPD Programs.7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Same as item 7j. under CPD Programs. 5 05/12/2026 C6 199 of 440

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beh
a
l
f

of
sai
d

fro
m

the

full

(Co
n
t
r
a
c
t
o
r

or
Sub
c
o
n
t
r
a
c
t
o
r
)

wee
k
l
y

wag
e
s

ear
n
e
d

by
any

per
s
o
n

and

that

no
ded
u
c
t
i
o
n
s

hav
e

bee
n

mad
e

eit
h
e
r

dir
e
c
t
l
y

or
ind
i
r
e
c
t
l
y

fro
m

the

full
wag
e
s

ear
n
e
d

by
any

per
s
o
n
,

oth
e
r

tha
n

per
m
i
s
s
i
b
l
e

ded
u
c
t
i
o
n
s

as
def
i
n
e
d

in
Reg
u
l
a
t
i
o
n
s
,

Par
t

3 (29

C.F
.

R
.

Sub
t
i
t
l
e

A),
iss
u
e
d

by
the

Sec
r
e
t
a
r
y

of
Lab
o
r

u
n
d
e
r

the

Cop
e
l
a
n
d

Act
,

as
am
e
n
d
e
d

(48

S
t
a
t
.

948
,

63 Sta
t
.

108
,

72 Sta
t
.

967
;

76 Sta
t
.

357
;

40 U.S
.

C
.

§ 314
5 )
,

and

des
c
r
i
b
e
d

bel
o
w
:

(2)
Tha
t

any

pay
r
o
l
l
s

oth
e
r
w
i
s
e

und
e
r

this

con
t
r
a
c
t

r
e
q
u
i
r
e
d

to
be
sub
m
i
t
t
e
d

for
the

abo
v
e

per
i
o
d

are

cor
r
e
c
t

and

com
p
l
e
t
e
;

tha
t

the

wag
e

rat
e
s

for
lab
o
r
e
r
s

or
mec
h
a
n
i
c
s

con
t
a
i
n
e
d

the
r
e
i
n

are

not

les
s

tha
n

the

app
l
i
c
a
b
l
e

wag
e

rat
e
s

con
t
a
i
n
e
d

in
any

wag
e

det
e
r
m
i
n
a
t
i
o
n

inc
o
r
p
o
r
a
t
e
d

into

the

con
t
r
a
c
t
;

tha
t

the

cla
s
s
i
f
i
c
a
t
i
o
n
s

set

fort
h

the
r
e
i
n

for
eac
h

lab
o
r
e
r

or
mec
h
a
n
i
c

con
f
o
r
m

wit
h

the

wor
k

he
per
f
o
r
m
e
d
.

(3)
Tha
t

any

app
r
e
n
t
i
c
e
s

emp
l
o
y
e
d

in
the

abo
v
e

per
i
o
d

are

dul
y

reg
i
s
t
e
r
e
d

in
a bon
a

fide

app
r
e
n
t
i
c
e
s
h
i
p

pro
g
r
a
m

reg
i
s
t
e
r
e
d

wit
h

a Sta
t
e

app
r
e
n
t
i
c
e
s
h
i
p

age
n
c
y

rec
o
g
n
i
z
e
d

by
the

Bur
e
a
u

of
App
r
e
n
t
i
c
e
s
h
i
p

and

Tra
i
n
i
n
g
,

Uni
t
e
d

Sta
t
e
s

Dep
a
r
t
m
e
n
t

of
Lab
o
r
,

or
if no
suc
h

rec
o
g
n
i
z
e
d

age
n
c
y

exi
s
t
s

in
a Sta
t
e
,

are

reg
i
s
t
e
r
e
d

wit
h

the

Bur
e
a
u

of
App
r
e
n
t
i
c
e
s
h
i
p

and

Tra
i
n
i
n
g
,

Uni
t
e
d

Sta
t
e
s

Dep
a
r
t
m
e
n
t

of
Lab
o
r
.

(4)
Tha
t
:

(a)
WH
E
R
E

FR
I
N
G
E

BE
N
E
F
I
T
S

AR
E

PAI
D

TO
AP
P
R
O
V
E
D

PLA
N
S
,

FU
N
D
S
,

OR
PR
O
G
R
A
M
S

O
—
in
add
i
t
i
o
n

to
the

bas
i
c

hou
r
l
y

wag
e

rat
e
s

pai
d

to
eac
h

lab
o
r
e
r

or
mec
h
a
n
i
c

list
e
d

in
the

abo
v
e

ref
e
r
e
n
c
e
d

pay
r
o
l
l
,

pay
m
e
n
t
s

of
fri
n
g
e

ben
e
f
i
t
s

as
list
e
d

in
the

con
t
r
a
c
t

hav
e

b
e
e
n

or
will

be
mad
e

to
app
r
o
p
r
i
a
t
e

pro
g
r
a
m
s

for
the

ben
e
f
i
t

of
suc
h

emp
l
o
y
e
e
s
,

exc
e
p
t

as
not
e
d

in
sec
t
i
o
n

4(c
)

bel
o
w
.

(b)
WH
E
R
E

FR
I
N
G
E

BE
N
E
F
I
T
S

AR
E

PAI
D

IN
CA
S
H

im
—
Eac
h

lab
o
r
e
r

or
mec
h
a
n
i
c

list
e
d

in
the

abo
v
e

ref
e
r
e
n
c
e
d

pay
r
o
l
l

has

bee
n

pai
d
,

as
ind
i
c
a
t
e
d

on
the

pay
r
o
l
l
,

an
amo
u
n
t

not

les
s

tha
n

the

sum

of
the

app
l
i
c
a
b
l
e

bas
i
c

hou
r
l
y

wag
e

rat
e

plu
s

the

amo
u
n
t

of
the

req
u
i
r
e
d

fri
n
g
e

ben
e
f
i
t
s

as
list
e
d

in
the

con
t
r
a
c
t
,

exc
e
p
t

as
not
e
d

in
sec
t
i
o
n

4(c
)

bel
o
w
.

(c)
EXC
E
P
T
I
O
N
S

EX
C
E
P
T
I
O
N

(CR
A
F
T
)

EX
P
L
A
N
A
T
I
O
N

RE
M
A
R
K
S
:

NA
M
E

AND

TIT
L
E

SI
G
N
A
T
U
R
E

THE

WIL
L
F
U
L

FAL
S
I
F
I
C
A
T
I
O
N

OF
ANY

OF
THE

AB
O
V
E

ST
A
T
E
M
E
N
T
S

MAY

SU
B
J
E
C
T

THE

CO
N
T
R
A
C
T
O
R

OR
SU
B
C
O
N
T
R
A
C
T
O
R

TO
CIV
I
L

OR
CRI
M
I
N
A
L

PR
O
S
E
C
U
T
I
O
N
.

SEE

SE
C
T
I
O
N

100
1 OF
TIT
L
E

18 AND

SE
C
T
I
O
N

231

OF
TIT
L
E

31 OF
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UNI
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7 05/12/2026 C6 201 of 440

Instructions for Completing Payroll Form, WH-347
General:Form WH-347has been made available for the convenience of contractors and subcontractors required by their Federal or Federally-aided construction-type contracts and subcontracts to submit weekly payrolls. Properly filled out, this form will satisfy the requirements of Regulations, Parts 3 and 5 (29 C.F.R., Subtitle A), as to payrolls submitted in connection with contracts subject to the Davis-Bacon and related Acts.

While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) requires contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) Regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.

Under the Davis-Bacon and related Acts, the contractor is required to pay not less than prevailing wage, including fringe benefits, as predetermined by the Department of Labor. The contractor's obligation to pay fringe benefits may be met either by payment of the fringe benefits to bona fide benefit plans, funds or programs or by making payments to the covered workers (laborers and mechanics) as cash in lieu of fringe benefits.

This payroll provides for the contractor to show on the face of the payroll all monies to each worker, whether as basic rates or as cash in lieu of fringe benefits, and provides for the contractor's representation in the statement of compliance on the payroll (as shown on page 2) that he/she is paying for fringe benefits required by the contract and not paid as cash in lieu of fringe benefits. Detailed instructions concerning the preparation of the payroll follow:

Contractor or Subcontractor:Fill in your firm's name and check appropriate box.

Address:Fill in your firm's address.

Payroll No.:Beginning with the number "1", list the payroll number for the submission.

For Week Ending:List the workweek ending date.

Project and Location:Self-explanatory.

Project or Contract No.:Self-explanatory.

Column 1 - Name and Individual Identifying Number of Worker:Enter each worker's full name and an individual identifying number (e.g., last four digits of worker's social security number) on each weekly payroll submitted.
805/12/2026 C6 202 of 440

Column 2 - No. of Withholding Exemptions:This column is merely inserted for the employer's convenience and is not a requirement of Regulations, Part 3 and 5.

Column 3 - Work Classifications:List classification descriptive of work actually performed by each laborer or mechanic. Consult classification and minimum wage schedule set forth in contract specifications. If additional classifications are deemed necessary, see Contracting Officer or Agency representative. An individual may be shown as having worked in more than one classification provided an accurate breakdown or hours worked in each classification is maintained and shown on the submitted payroll by use of separate entries.

Column 4 - Hours worked:List the day and date and straight time and overtime hours worked in the applicable boxes. On all contracts subject to the Contract Work Hours Standard Act, enter hours worked in excess of 40 hours a week as "overtime".

Column 5 - Total:Self-explanatory
Column 6 - Rate of Pay (Including Fringe Benefits):In the "straight time" box for each worker, list the actual hourly rate paid for straight time worked, plus cash paid in lieu of fringe benefits paid. When recording the straight time hourly rate, any cash paid in lieu of fringe benefits may be shown separately from the basic rate. For example, "$12.25/.40" would reflect a $12.25 base hourly rate plus $0.40 for fringe benefits. This is of assistance in correctly computing overtime.

See "Fringe Benefits" below. When overtime is worked, show the overtime hourly rate paid plus any cash in lieu of fringe benefits paid in the "overtime" box for each worker; otherwise, you may skip this box. See "Fringe Benefits" below. Payment of not less than time and one-half the basic or regular rate paid is required for overtime under the Contract Work Hours Standard Act of 1962 if the prime contract exceeds $100,000. In addition to paying no less than the predetermined rate for the classification which an individual works, the contractor must pay amounts predetermined as fringe benefits in the wage decision made part of the contract to approved fringe benefit plans, funds or programs or shall pay as cash in lieu of fringe benefits. See "FRINGE BENEFITS" below.

Column 7 - Gross Amount Earned:Enter gross amount earned on this project. If part of a worker's weekly wage was earned on projects other than the project described on this payroll, enter in column 7 first the amount earned on the Federal or Federally assisted project and then the gross amount earned during the week on all projects, thus "$163.00/$420.00" would reflect the earnings of a worker who earned $163.00 on a Federally assisted construction project during a week in which $420.00 was earned on all work.

Column 8 - Deductions:Five columns are provided for showing deductions made. If more than five deduction are involved, use the first four columns and show the balance deductions under "Other" column; show actual total under "Total Deductions" column; and in the attachment to the payroll describe the deduction(s) contained in the "Other" column. All deductions must be in accordance with the provisions of the Copeland Act Regulations, 29 C.F.R., Part 3. If an individual worked on other jobs in addition to this project, show actual deductions from his/her weekly gross wage, and indicate that deductions are based on his gross wages.

Column 9 - Net Wages Paid for Week:Self-explanatory.

Totals - Space has been left at the bottom of the columns so that totals may be shown if the contractor so desires.
905/12/2026 C6 203 of 440

Statement Required by Regulations, Parts 3 and 5:While the "statement of compliance" need not be notarized, the statement (on page 2 of the payroll form) is subject to the penalties provided by 18 U.S.C. § 1001, namely, a fine, possible imprisonment of not more than 5 years, or both.

Accordingly, the party signing this statement should have knowledge of the facts represented as true.

Items 1and 2:Space has been provided between items (1) and (2) of the statement for describing any deductions made. If all deductions made are adequately described in the "Deductions" column above, state "See Deductions column in this payroll." See "FRINGE BENEFITS" below for instructions concerning filling out paragraph 4 of the statement.

Item 4 FRINGE BENEFITS - Contractors who pay all required fringe benefits:If paying all fringe benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor, show the basic cash hourly rate and overtime rate paid to each worker on the face of the payroll and check paragraph 4(a) of the statement on page 2 of the WH-347 payroll form to indicate the payment. Note any exceptions in section 4(c).

Contractors who pay no fringe benefits:If not paying all fringe benefits to approved plans, funds, or programs in amounts of at least those that were determined in the applicable wage decision of the Secretary of Labor, pay any remaining fringe benefit amount to each laborer and mechanic and insert in the "straight time" of the "Rate of Pay" column of the payroll an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the application wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringe benefits, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time premium on basic or regular rate, plus the required cash in lieu of fringe benefits at the straight time rate. In addition, check paragraph 4(b) of the statement on page 2 the payroll form to indicate the payment of fringe benefits in cash directly to the workers. Note any exceptions in section 4(c).

Use of Section 4(c), Exceptions
Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the covered worker as cash in lieu of fringe benefits. Enter any exceptions to section 4(a) or 4(b) in section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid each worker as cash in lieu of fringe benefits and the hourly amount paid to plans, funds, or programs as fringe benefits. The contractor must pay an amount not less than the predetermined rate plus cash in lieu of fringe benefits as shown in section 4(c) to each such individual for all hours worked (unless otherwise provided by applicable wage determination) on the Federal or Federally assisted project. Enter the rate paid and amount of cash paid in lieu of fringe benefits per hour in column 6 on the payroll. See paragraph on "Contractors who pay no fringe benefits" for computation of overtime rate.
1005/12/2026 C6 204 of 440

Record of
Employee Interview
U.S. Department of Housing and Urban Development
Office of Davis-Bacon and Labor Standards
OMB Approval No. 2501-0009
(exp. 03/31/2028)

Instructions

General:

This form is to be used by HUD and local agency staff for recording information gathered during on-site interviews with laborers and mechanics employed on projects subject to Federal prevailing wage requirements. Typically, the staff that will conduct on- site interviews and use this form are HUD staff and fee construction inspectors, HUD Labor Standards staff, and local agency labor standards contract monitors.

Information recorded on the form HUD-11 is evaluated for general compliance and compared to certified payroll reports submitted by the respective employer. The comparison tests the veracity of the payroll reports and may be critical to the successful conclusion of enforcement actions in the event of labor standards violations. The thoroughness and accuracy of the information gathered during interviews is crucial.

Note that the interview itself and the information collected on the form HUD-11 are considered confidential. Interviews should be conducted individually and privately. All laborers and mechanics employed on the job site must be made available for interview at the interviewer’s request. The employee’s participation, however, is voluntary. Interviews shall be conducted in a manner and place that are conducive to the purposes of the interview and that cause the least inconvenience to the employer(s) and the employee(s).

Completing the form HUD-11

Items 1a - 1c: Self-explanatory

Items 2a – 2d: Enter the employee’s full name, a telephone number where the employee can be reached, email address and the employee’s home address. Many construction workers use a temporary address in the locality of the project and have a more permanent address elsewhere from which mail may be forwarded to them. Obtain a more permanent address, if available. Ask the employee for a form of identification (e.g., driver’s license) to verify their name.

Items 3a – 4c: Enter the employee’s responses. Ask the employee about the frequency of pay (weekly, biweekly, semi- monthly or other).

Items 5 – 7: Be certain that the employee’s responses are specific. For example, job classification (#5) must identify the trade involved (e.g., Carpenter, Electrician, Plumber) – responses such as “journeyman” or “mechanic” are not helpful for our purposes.

Items 8 – 12b: Self-explanatory

Items 13 – 15c: These items represent some of the most important information that can be gathered while conducting on-site interviews. Please be specific about the duties you observed the employee performing. It may be easiest to make these observations before initiating the interview. Please record any comments or remarks that may be helpful. For example, if the employee interviewed was working with a crew, how many workers were in the crew? Was the employee evasive?

The level of specificity that is warranted is directly related to the extent to which interview(s) or other observations indicate that there may be violations present. If interviews indicate that there may be underpayments involving a particular trade(s), the interviewer is encouraged to interview as many workers in that trade(s) that are available.

Items 16 – 17b: The information on the form HUD-11 may be reviewed for general compliance, initially. For example, are the job classification and wage rate stated by the employee compatible with the classifications and wage rates on the applicable wage decision? Are the duties observed by the interviewer consistent with the job classification?

Item 18: Please place here any additional information you may want to document or continuing information from other lines that do not fit in their block space.

Once the corresponding certified payroll reports are received, the information on the HUD-11 shall be compared to the payroll reports. Any discrepancies noted between the HUD-11 information and that on the payroll report shall be noted in Item 16, Remarks. If discrepancies are noted, follow-up actions to resolve the discrepancies must be taken.

Previous editions are obsolete Form HUD-11 (03/2025)

05/12/2026 C6 205 of 440

Record of
Employee Interview
U.S. Department of Housing and Urban Development
Office of Davis-Bacon and Labor Standards
OMB Approval No. 2501-0009
(exp. 03/31/2028)
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. The information is collected to ensure compliance with the Federal labor standards by recording interviews with construction workers. The information collected will assist HUD in the conduct of compliance monitoring; the information will be used to test the veracity of certified payroll reports submitted by the employer. Sensitive Information. The information collected on this form is considered sensitive and is protected by the Privacy Act. The Privacy Act requires that these records be maintained with appropriate administrative, technical, and physical safeguards to ensure their security and confidentiality. In addition, these records should be protected against any anticipated threats or hazards to their security or integrity that could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom the information is maintained. The information collected herein is voluntary, and any information provided shall be kept confidential.

Note: Please ensure responses are legible and easy to read. 1a. Project Name

2a. Employee’s Full Name

1b. Project Number

2b. Employee’s Phone Number (including area code) and Email Address

1c. Contractor or Subcontractor (Employer—not individual’s name or supervisor’s name)

2c. Employee’s Home Address & Zip Code

2d. Verification of identification?
Yes No
3a. How long on this
job and average
weekly hours
worked?

3b. Last date on this
job before today?

3c. Number of hours
last day on this job?

4a. Hourly Rate of Pay

4b. Fringe benefits? 4c. Frequency of
Pay:

Medical Yes No Weekly
Biweekly
Semi-monthly
Other
Pension Yes No

5. Your Job Classification(s) (list all and continue on a separate sheet if necessary):

6. Your Duties:

7. Tools or Equipment Used:

Y N Y N

8. Are you an apprentice or trainee?

8a. Have you provided a copy of your
apprenticeship certificate?

10. Are you paid at least time and ½ (1.5x regular hourly rate) for all hours worked in excess of 40 in a week?

9. Are you paid for all hours worked? 11. Have you ever been threatened or coerced into giving up any part of your pay?

12a. Employee Signature

12b. Date

13. Duties Observed by the Interviewer (Please be specific):

14. Remarks

15a. Interviewer Name (please print)

15b. Signature of Interviewer

15c. Date of Interview

Payroll Examination

16. Remarks

17a. Signature of Payroll Examiner

17b. Date

Previous editions are obsolete Form HUD-11 (03/2025)
05/12/2026 C6 206 of 440

Record of
Employee Interview
U.S. Department of Housing and Urban Development
Office of Davis-Bacon and Labor Standards
OMB Approval No. 2501-0009
(exp. 03/31/2028)

18. Additional Remarks

Previous editions are obsolete

Form HUD-11 (03/2025)

05/12/2026 C6 207 of 440

SECTION 3 WORK FORCE BREAKDOWN

7REHFRPSOHWHGE\&RQWUDFWRUDWWKHFRPSOHWLRQRISURMHFW

Company Name: __________________________________________________ Address: __________________________Primary Contact:____________________________ __________________________Contact Phone Number:______________________ Project Title:________________________________________
Employment and Training
Job Category
TOTAL

ESTIMATED

POSITIONS

NEED FOR

PROJECT
TOTAL

POSITIONS

OCCUPIED BY

PERMANENT

EMPLOYEES

NUMBER OF

POSITIONS NOT

OCCUPIED

NUMBER OF

POSITIONS TO BE

FILLED WITH
SECTION 3
RESIDENTS*
Administrative Staff:

Professionals
Technicians
Office/Clerical
Other Admin Staff
Construction by Trade
(list trade below):
*Section 3 Resident: Public housing resident of the City of Vista who qualifies as a low-income person. HUD defines a low-income person as one whose household income does not exceed 80% of the median income for the region, with adjustments for family size.
1305/12/2026 C6 208 of 440

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION to

ENSURE EQUAL EMPLOYMENT OPPORTUNITY

1. The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables
Goals for minority participation for each trade: 16.9%
Goals for female participation in each trade: 6.9%
These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.

The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is California, San Diego County, City of Vista.
1405/12/2026 C6 209 of 440

866-487-9243
dol.gov/agencies/whd

PREVAILING
WAGES
You must be paid not less than the wage rate listed in the Davis-Bacon Wage Decision posted with this notice for the work you perform.

OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week. There are few exceptions.

ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment.

APPRENTICES Apprentice rates apply only to apprentices properly registered under approved federal or state apprenticeship programs.

RETALIATION The law prohibits discharging or otherwise retaliating against workers for filing a complaint, cooperating in an investigation, or testifying in a proceeding under the Davis-Bacon and Related Acts.

PROPER PAY If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below:
or contact the U.S. Department of Labor’s Wage and Hour Division.

WORKER RIGHTS

UNDER THE DAVIS-BACON ACT

FOR LABORERS AND MECHANICS

WORKING ON FEDERAL OR

FEDERALLY ASSISTED

CONSTRUCTION PROJECTS
WH1321 REV 07/24

WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR
The law requires employers to display this poster where workers can readily see it. 05/12/2026 C6 210 of 440

866-487-9243
dol.gov/agencies/whd

SALARIOS

PREVALECIENTES
No se le puede pagar menos de la tasa de pago indicada en la Decisión de Salarios Davis-Bacon fijada con este Aviso para el trabajo que Ud. desempeña.

SOBRETIEMPO Se le ha de pagar no menos de tiempo y medio de su tasa básica de pago por todas las horas trabajadas en exceso de 40 en una semana laboral. Existen pocas excepciones.

CUMPLIMIENTO Se pueden retener pagos por contratos para asegurarse que los obreros reciban los salarios y el pago de sobretiempo debidos, y se podría aplicar daños y perjuicios si no se cumple con las exigencias del pago de sobretiempo. Las cláusulas contractuales Davis-Bacon permiten la rescisión del contrato y la exclusión de los contratistas de futuros contratos federales durante tres años. El contratista que falsifique los registros certificados de las nóminas de pago o induzca devoluciones de salarios puede ser sujeto a procesamiento civil o criminal, multas y/o encarcelamiento.

APRENDICES Las tasas de aprendices sólo se aplican a aprendices correctamente inscritos bajo programas federales o estatales aprobados.

REPRESALIAS La ley prohíbe despedir o tomar represalias contra los trabajadores por presentar una queja, cooperar en una investigación o testificar en un procedimiento bajo la Ley Davis-Bacon y Leyes Relacionadas.

PAGO APROPIADO Si no recibe el pago apropiado, o precisa de información adicional sobre los salarios aplicables, póngase en contacto con el Contratista Oficial que aparece abajo:

DERECHOS DE LOS TRABAJADORES

BAJO LA LEY DAVIS-BACON
PARA OBREROS Y MECÁNICOS

QUE TRABAJAN EN PROYECTOS
DE CONSTRUCCIÓN FEDERAL O

CON ASISTENCIA FEDERAL
WH1321 SPA REV 07/24
DIVISIÓN DE HORAS Y SALARIOS
DEPARTAMENTO DE TRABAJO DE LOS EE.UU.
o póngase en contacto con la División de Horas y Salarios del Departamento de Trabajo de los EE.UU.

La ley exige que los empleadores coloquen este cartel en un lugar donde los trabajadores puedan verlo fácilmente. 05/12/2026 C6 211 of 440

MINORITY BUSINESS ENTERPRISE (MBE) AND WOMEN BUSINESS

ENTERPRISE (WBE) POLICY
For all construction projects assisted with Community Development Block Grant (CDBG) funds, it is the policy of the U. S. Department of Housing and Urban Development (HUD) to foster and promote Minority Business Enterprise (MBE) and Woman Business Enterprise (WBE) participation, to the extent permitted by law and consistent with its primary mission. Contractors are encouraged to seek to promote MBE's and WBE’s during the duration of this contract.

What are MBE’s and WBE’s?
Minority and women business enterprises are defined as any financial institution, business, service, contracting business which is solely owned and operated by a minority group member or women or 50% or more of its partners or stockholders are minority group members or women. If the enterprise is publicly owned, the minority members or stockholders must have at least 51% interest and possess control over management, capital and earnings. For the purpose of this definition, minority group members are Black, Hispanics, Asians, Native Americans, Alaskans or Pacific Islanders.

For more information view HUD's website at portal.hud.gov.

Reporting
All Contractors working on construction projects assisted with Federal funds must complete Form HUD-2516, Contract and Subcontract Activity Report. Reports are filled out once during the reporting period that the contract was executed. Included in this addendum is a blank Form HUD- 2516 for your use along with directions on how to complete the form.

Obtaining Lists of Minority and Women Contractors
HUD does not have a MBE or WBE database; however, Caltrans is an excellent source of information regarding minority and women contractors. A complete copy of the statewide listing may be obtained by calling the Caltrans Publications Distribution Unit at 916.445.3520.

Other sources of information are:

Caltrans Civil Rights Program
Business Enterprise Program
916.324.1700 or toll free at 866.810.6346
Civil Rights Website:dot.ca.gov/hq/bep
National Economic Development Association at 916.649.2551. 1705/12/2026 C6 212 of 440

SECTION 3 COMPLIANCE GUIDE

ECONOMIC OPPORTUNITIES FOR LOW AND VERY LOW INCOME PERSONS What is Section 3?
The U.S. Government Code of Federal Regulations, Title 24, Housing and Urban Development (HUD), Part 135 – Economic Opportunities for Low- and Very Low-Income Persons, commonly referred to as the “Section 3”, is a provision that helps foster local economic development, neighborhood economic improvement, and individual self-sufficiency.

The Section 3 program requires that economic opportunities generated by HUD financial assistance for housing and community development programs must, to the greatest extent feasible, be directed to low- and very low-income persons and to businesses owned by or employing low- and very low-income persons.

What programs are covered?
Section 3 requirements apply to community development and housing assistance projects funded by Community Development Block Grant (CDBG) funds and Home Investment Partnership Program (HOME) funds. The Section 3 requirements apply to job training, employment, contracting and subcontracting and other economic opportunities arising from projects involving construction, reconstructions, conversion, or rehabilitation (including lead-based paint hazard reduction and abatement) of housing, other buildings, or improvements assisted with Federal funds administered by HUD.

Who are Section 3 residents?
Section 3 residents are:
x Public housing residents or
x Persons who live in the area where a HUD-assisted project is located and who have a household income that falls below HUD’s income limits.

Determining Income Levels
x Low income is defined as 80% or below the median income of that area. x Very low income is defined as 50% or below the median income of that area.

San Diego County Income Limits
Effective April 1, 2018
FAMILY
SIZE
80% of AMI*50% of AMI*30% of AMI*
Low Income Very Low Income Extremely Low Income
1 54,500 34,100 20,450
2 62,300 38,950 23,400
3 70,100 43,800 26,300
4 77,850 48,650 29,200
5 84,100 52,550 31,550
6 90,350 56,450 33,900
7 96,550 60,350 38,060
8 102,800 64,250 42,380
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What is a Section 3 business?
It is a business that is owned by Section 3 residents or Employs Section 3 residents in full-time positions or subcontracts with businesses, which provide economic opportunities to low income persons. A business seeking to qualify for a Section 3 contracting preference shall certify or submit evidence, if requested, that the business concern is a Section 3 qualified business under 24 CFR Part 135.

What types of economic opportunities are available under Section 3? ™Job training
™Employment
™Contracts
Examples include:

Administrative/Management
accounting
payroll
research
bookkeeping
purchasing
word processing
Services
appliance repair
florists
marketing
carpet installation
janitorial
photography
catering
landscaping
printing
computer/information
manufacturing
transportation
Construction
architecture
bricklaying
carpentry
cement/masonry
demolition drywall
electrical elevator
construction
engineering fencing
heating
iron works
machine
operation
painting
plastering
plumbing
surveying
tile setting
Section 3 Numerical Goals for satisfying the greatest extent feasible requirement are:
x The Target for New Hires & Training Opportunities is 30% of the aggregate # of newhires. x Targets for Contracts with Section 3 Business Concerns is, Construction 10% of the total dollar amount. All Other contracts, 3% of the total dollar amount of all other Section 3 covered contracts.

Who will award the economic opportunities?
The City of Vista and its contractors and subcontractors are required to provide economic opportunities to the greatest extent feasible, consistent with existing Federal, State, and local laws and regulations whenever HUD financial assistance is used to fund a project. 1905/12/2026 C6 214 of 440

Who receives priority under Section 3?
For training and employment:
™Persons in public and assisted housing
™Persons in the neighborhood
™Participants in HUD Youth Build programs
™Homeless persons
For contracting:
™Businesses, which fit the definition of a Section 3 business.

What is the Section 3 Business Registry?
The Section 3 Business Registry is a listing of businesses that have self-certified that they meet one of the eligibility criteria of a Section 3 business, and have submitted publicly available information about their firm (i.e. business name, address, type of services provided, etc.) to be included HUD’s online database.

To search for Section 3 businesses in your community, register your business, or learn more about HUD’s Section 3 Business Registry, please visit www.hud.gov/Sec3biz .

Will HUD require compliance?
Yes. HUD receives annual reports from the City, monitors the performance of contractors and investigates complaints. HUD examines employment and contract records for evidence of actions taken to train and employ Section 3 residents and to award contracts to Section 3 businesses.

What if it appears an entity is not complying with Section 3? Section 3 residents or businesses that believe that they have been denied employment, training, or contracting opportunities associated with HUD funded projects are encouraged to file a complaint with HUD at the appropriate Regional Office of Fair Housing and Equal Opportunity (FHEO). A copy of the Section 3 Complaint Form (HUD-958) and a list of FHEO Regional Offices can be found online at www.hud.gov/Section3
File a complaint in writing to:

U.S. Department of Housing and
Urban Development 300 N. Los
Angeles Street, Suite 4054
Los Angeles, CA 90012
or to:

Assistant Secretary for Fair Housing and Equal Opportunity U.S. Department of Housing and Urban Development
451 Seventh Street, S.W.,
Room 5100
Washington, D.C. 20410-2000
2005/12/2026 C6 215 of 440

A written complaint should contain:
™Name and address of the person filing the complaint
™Name and address of subject of complaint (HUD recipient or contractor) ™Description of acts or omissions in alleged violation of Section 3 ™Statement of corrective action sought
2105/12/2026 C6 216 of 440

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DAVIS-BACON AND LABOR STANDARDS

AGENCY/CONTRACTOR GUIDE
05/12/2026 C6 217 of 440

AGENCY/CONTRACTOR GUIDE
2 Agency/Contractor Guide
Table of Contents
INTRODUCTION � � � � � � � � � � � � � � � � � � � � � � � 3 KEY LABOR STANDARDS OBJECTIVES OF THE GUIDE � � � � � � 4 BASIC DBA DEFINITIONS � � � � � � � � � � � � � � � � � � � 5 LCA RESPONSIBILITIES � � � � � � � � � � � � � � � � � � � 10 LAWS AND REGULATIONS � � � � � � � � � � � � � � � � � � 11 CONTRACTOR RESPONSIBILITIES � � � � � � � � � � � � � � 21 CONTRACT ADMINISTRATOR RESPONSIBILITIES � � � � � � � 21 LCA FLEXIBILITY FOR LABOR STANDARDS RESPONSIBILITIES � 21

FEDERAL LABOR STANDARDS COMPLIANCE CHECKLIST FOR
DAVIS-BACON COVERED PROJECTS � � � � � � � � � � � � � � 24 REVIEWING PAYROLLS � � � � � � � � � � � � � � � � � � � 24 REPORTING PAYROLLS � � � � � � � � � � � � � � � � � � � 24 PAYROLL COMPLIANCE REVIEWS AND CORRECTIONS � � � � � 24 ADDITIONAL WORK CLASSIFICATION AND WAGE RATES � � � � 33 SANCTIONS AND RESTITUTION � � � � � � � � � � � � � � � 33 APPENDIX � � � � � � � � � � � � � � � � � � � � � � � � � 33

3 -

INTRODUCTION
This Guide has been developed as part of HUD’s communications strategy with its approximately 5,000 client agencies, and contractors performing work on construction projects that are assisted by the U.S.

Department of Housing and Urban Development and subject to Da - vis-Bacon prevailing wage requirements. This Guide does not address contractor requirements involved in direct Federal contracting where HUD or another Federal agency enters into a procurement contract.

While the guidance contained in this Guide is generally applicable to any Davis-Bacon-covered project, specific questions pertaining to di- rect Federal contracts should be addressed to the Contracting Officer who signed the contract for the Federal agency.

This Guide has been designed to help agencies develop organizational and administrative policies that will enable them to meet labor stan - dards contractual responsibilities in the administration of HUD-assist- ed programs as efficiently as possible. It is also useful as a training tool and a ready reference for compliance staff. Further, it may be used by contractors to provide further background. While this Guide is intended to address numerous situations, it was not written to cover every pos- sible labor standards issue. If there is a labor standards issue not ad - dressed in this Guide, please contact your local HUD Labor Standards Specialist (LSS). Throughout this Guide, the acronym “LCA” or “LCAs” shall mean state, tribal, and local agencies.

This Guide also provides information to assist with Davis-Bacon labor standards compliance. HUD’s Office of Davis-Bacon and Labor Stan - dards worked with the U.S. Department of Labor’s Wage and Hour Divi- sion to ensure that the labor standards provisions required to be incor- porated in Davis-Bacon contracts and the specifics of complying with them represent the latest information. The U.S. Department of Labor (DOL) has general administrative oversight of all Federal contracting agencies, such as HUD, which administer the day-to-day responsibili- ties of enforcing Davis-Bacon provisions in construction contracts they either fund or assist in funding.

This Guide contains five main chapters. The first chapter includes basic DBA definitions that affect every Davis-Bacon-covered project.

The second chapter lists the responsibilities of state, tribal, and local contracting agencies that administer HUD programs. The third chapter includes the laws and regulations associated with Federal labor stan- dards administration and enforcement. The fourth chapter describes LCA flexibility for labor standards responsibilities. The fifth and final chapter discusses payroll compliance reviews and corrections.

Finally, not all HUD construction projects are covered by Davis-Bacon wage rates. For the pur¬pose of this Guide, we are assuming that a de - termination has already been made that Davis-Bacon wage rates are applicable. If you need assistance in determining whether Davis-Bacon wage rates apply to a project or if you need other related technical as- sistance, please contact the HUD Labor Standards Field staff for your area. If you do not know which staff to contact, a list of Labor Standards field offices with their geographic areas, telephone numbers and email addresses are located on HUD’s Home Page at the address below.

RESOURCE
Visit the Office of Davis Bacon and Labor Standards online:
www.hud.gov/program_offices/davis_bacon_and_labor_stan - dards

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Agency/Contractor Guide

4 KEY LABOR STANDARDS

OBJECTIVES OF THE GUIDE
The Office of Davis-Bacon and Labor Standards has identified five Key Labor Standards Objectives—the basics of what must be accomplished in order to protect workers’ rights. We also identified all the policies, procedures, and paperwork at our disposal—what we do ourselves and what we impose on contractors. HUD eliminated superfluous require - ments and will not institute policies, procedures, or paperwork that is not required by statute or regulation, or that does not contribute to one or more of the Key Objectives.

Apply Davis-Bacon requirements properly
Make certain that labor standards, including Davis-Bacon prevailing wage rates, are applied where required. Ensure that any exemptions or exceptions are identified.

Through education and advice, support con-
tractor compliance with labor standards
Provide basic training and technical support to contractors to ensure that they understand their obligations under prevailing wage and report- ing requirements.

Monitor contractor performance
Perform reviews of certified payroll submissions and other information to help ensure contractor compliance with labor standards provisions and the payment of prevailing wages to workers.

Investigate probable violations and complaints
of underpayment
Thoroughly explore any evidence of violations, especially allegations of underpayment.

Pursue debarment and other available sanc-
tions against repeat labor standards violators
Carry out a zero tolerance policy toward contractors who violate pre - vailing wage laws.

RESOURCE
Program technical guidance
For interpretations of program requirements or handbooks and instructions on the use of forms:

Housing Programs - See our Contact List for help.

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5 BASIC DBA DEFINITIONS
There are several compliance principles, definitions, and interpreta - tions that affect every Davis-Bacon-covered project.

Responsibilities of employers
All employers (contractors, subcontractors, and any lower-tier subcon - tractors) are required to pay all laborers and mechanics employed or working on the site of the work unconditionally and not less often than once per week the full amount of wages and bona fide fringe benefits computed at rates not less than those contained in the wage decision.

Employers must prepare, certify, and submit weekly payroll reports re - flecting all the laborers and mechanics (employees) engaged in con - struction on the site of the work. Employers may also be required to submit related documentation in order to demonstrate compliance.

Responsibilities of the principal (prime)
contractor
The principal contractor (also referred to as the “prime contractor”) is responsible for the full compliance of all employers (itself, subcontrac - tors, and any lower-tier subcontractors) with the labor standards provi - sions applicable to the project.

Prime contractor
The principal contractor.

Subcontractor
All subcontractors and lower-tier subcontractors.

Employer
Any contractor, subcontractor, or lower-tier subcontractor that has en- gaged the services of laborers or mechanics on the project.

To make this Guide easier to understand, the term “prime contractor” will mean the principal contractor; “subcontractor” will mean all sub - contractors including lower-tier subcontractors; and the term “employ- er” will mean all contractors as a group, including the prime contractor and any subcontractors and lower-tier subcontractors.

Laborers and mechanics
Those individuals whose duties are manual or physical in nature, includ- ing workers who are performing the work of a trade (e.g., electrician). “Laborers” and “mechanics” include apprentices, trainees, helpers, and, for contracts subject to the Contract Work Hours and Safety Standards Act (CWHSSA), watchmen and guards.

Working foremen
Foremen or supervisors that perform construction work and devote more than 20% of their time as a laborer or mechanic are treated, for labor standards purposes, as “laborers” or “mechanics” for their time spent working as a laborer or mechanic.

Exclusions
Persons whose duties are primarily administrative, managerial, or cleri- cal are not laborers or mechanics.

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6 Employee
Every person who performs the work of a laborer or mechanic is “em - ployed” regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such person.

Working subcontractors
Persons who perform the work of laborers or mechanics and who represent themselves to be owners of businesses, sole proprietors, or self-employed are not exempt from prevailing wage requirements.

These laborers and mechanics are “employed” and are entitled to the prevailing wage for the type of work they perform, and must be report- ed on the payroll report for their craft, hours of work, and wages paid.

For additional information, see LR-96-01, Labor Standards for Self-Em - ployed Laborers and Mechanics.

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7 Administrative allowances
HUD permits administrative allowances concerning payroll reporting and certification requirements relating to the following:
• Owners of Businesses Working with Their Crew
• Owner/Operators of Power Equipment
• Owner/Operators of Trucks
Apprentice
A person employed and individually registered in a bona fide appren - ticeship program. Bona fide programs are those that have been reg - istered with DOL, Employment and Training Administration, Office of Apprenticeship, or with a DOL-recognized State Apprenticeship Agency (SAA). (Note that an SAA must also partner with a State Apprenticeship Council (SAC). The SAC must consist of an equal number of represen - tatives of employer and employee organizations.)
Probationary apprentice
A person in the first 90 days of probationary employment as an appren - tice in a bona fide apprenticeship program but who has not yet been formally registered in such program may be considered an “apprentice” provided that DOL or SAC has certified that such person is eligible for probationary employment as an apprentice.

Pre-apprentice
A person who is employed as a “pre-apprentice”—that is, in a prepara - tory position which may result in registration in an apprenticeship pro - gram—is not considered to be an “apprentice.”
Trainee
A person registered and receiving on-the-job training in a construction occupation pursuant to a training program approved in advance by the Office of Apprenticeship Training.

Prevailing wages or wage rates
Davis-Bacon prevailing wage rates generally appear as a basic hourly rate plus fringe benefits, if any. “Prevailing wage” is made up of two in- terchangeable components: the basic hourly wage, and fringe benefits.

The total of the basic hourly wage and fringe benefits comprises the “prevailing wage” obligation. This obligation may be met by any combi- nation of cash wages and creditable “bona fide” fringe benefits provid- ed by the employer. For example:

The Davis-Bacon wage decision requires:

Basic Hourly Rate $10.00
Fringe Benefits $1.00
Total Prevailing Wage $11.00
Employers may comply by paying:

1. $11.00 in cash wages;

2. $10.00 plus $1.00 in bona fide fringe benefits; or

3. Any combination of wages and benefits that totals $11.00 per hour.

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8 -
Piece rate/piece work employees
Employees whose earnings are calculated by the amount of work pro - duced (rather than hours worked) must receive no less than the appli- cable DBRA/MWD (Davis-Bacon and Related Acts/Maintenance Wage Determination) wage rate based upon the hours of work performed.

The employer must divide the piece rate earnings by the actual hours worked to determine the “effective” hourly rate. The effective hourly rate must be calculated for each week’s earnings and must be no less than the applicable prevailing wage rate. It does not matter whether the effective hourly rate changes from week to week as long as the result is at least as much as the prevailing wage rate. If the effective hourly rate is less than the applicable prevailing wage rate, the employee must be compensated at the prevailing wage rate for all hours worked.

Fringe benefits
Fringe benefits may include:
• Sick, vacation, or holiday pay;
• Costs to defray expenses of apprenticeship or similar pro - grams;
• Medical or hospital care;
• Supplemental unemployment benefits;
• Life insurance;
• Pensions on retirement or death;
• Compensation for injuries or illness resulting from occupa - tional activity;
• Other bona fide fringe benefits; or
• Insurance to provide any of the above.

MORE INFO
In addition, fringe benefits may reflect the rate of costs to the employer that may be reasonably anticipated in providing bona fide fringe benefits pursuant to an enforceable commitment to carry out a financially responsible program.

MORE INFO
Fringe benefits do not include employer contributions or pay ments required by other federal, state, or local law, such as FICA (Federal Insurance Contributions Act), workers’ compensation, or unemployment compensation.

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9 Overtime
Overtime (O/T) hours are defined as all hours worked in excess of 40 hours in any workweek. Where governed by Federal labor standards, O/T hours shall be compensated at not less than one and one-half times the regular rate of basic pay plus the straight-time (S/T) rate of any required fringe benefits.

Deductions
The employer may make payroll deductions as permitted by DOL regu - lations in 29 CFR Part 3. These regulations prohibit the employer from requiring employees to “kick back” any of their earnings. Deductions may include employee obligations for income taxes, Social Security payments, insurance premiums, retirement contributions, savings ac - counts, and any other legally permissible deduction authorized by the employee. Deductions may also be made for payments on judgments and other financial obligations legally imposed against the employee (which will require documentation).

Site of work
The “site of work” is limited to the physical place or places where the construction called for in the contract will remain when work on it has been completed. “Site of work” includes other adjacent or nearby prop - erties used by the contractor/subcontractor in the construction of the project (e.g., fabrication sites) provided they are dedicated exclusively or nearly so to the performance of the contract or project, and are so located in proximity to the actual construction location that it would be reasonable to include them.

Proper designation of trade
Each laborer and mechanic shall be classified in accordance with the work classifications listed on the wage decision and the actual type of work they perform and shall be paid the appropriate wage rate and fringe benefits for the classification regardless of their level of skill. In other words, if someone is performing carpentry work on the project, they must be paid no less than the wage rate on the wage decision for carpenters even if they aren’t considered by the employer to be fully trained as a carpenter. Remember, the only people who can be paid less than the rate for their craft are apprentices and trainees registered in approved programs.

Split classification
Laborers and mechanics that perform work in more than one classifi- cation may be compensated at the rate specified for each classification provided that the employer maintains time records that accurately set forth the time spent in each classification in which the work was per- formed. If accurate time records are not maintained, the employee shall be compensated at the highest of all wage rates for the classifications in which work was performed.

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10 LCA RESPONSIBILITIES
State, tribal, and local contracting agencies (LCAs) that administer HUD programs agree to administer and enforce Davis-Bacon requirements as a condition for receiving HUD program assistance. LCAs have the following responsibilities:

1. Designate appropriate staff (e.g., a Contract Administrator) before the start of construction to ensure compliance with all applicable labor standards requirements and to act for and in liaison with HUD. Provide the name(s) of the staff to the appropriate HUD Field Office of Davis-Bacon and Labor Standards.

2. Establish a construction contract management system that meets the standards of 2 CFR Part 200 Uniform Administrative Re - quirements, Cost Principles, and Audit Requirements for Federal Awards.

3. Ensure that all bid documents, contracts, and subcontracts con - tain the applicable Davis-Bacon wage decision and Federal labor standards provisions.

4. Ensure that no contract is awarded to a contractor that is ineligible (e.g., debarred) for Federally-assisted work.

5. Conduct on-site inspections including interviews with laborers and mechanics employed on the construction project. Ensure that the applicable Davis-Bacon wage decision, DOL’s Davis-Bacon poster (Form WH-1321), and additional classifications are displayed at the job site.

6. Review certified payroll reports (CPRs) and related documenta- tion. Identify any discrepancies and/or violations. Ensure that any needed corrections are made promptly, including the payment of wage restitution as needed, and the assessment and collection of liquidated damages, as appropriate.

7. Maintain full documentation of Federal labor standards adminis- tration and enforcement activities.

8. Refer potential criminal or complex enforcement actions to HUD, in addition to CWHSSA liquidated damages assessments for O/T violations and debarment recommendations.

9. Comply with all HUD requirements concerning statutory, program, and/or other requirements.

10. Prepare Federal labor standards enforcement reports as required in DOL regulations (29 CFR Part 5, § 5.7).

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11 LAWS AND REGULATIONS
The Davis-Bacon Act (DBA)
The DBA, enacted in 1931, applies to contracts in excess of $2,000 for construction, alteration, and/or repair of public buildings or public works, including painting and decorating, to which the United States or the District of Columbia is a party. This type of applicability is referred to as direct Davis-Bacon Act or DBA coverage. An example of DBA cov- erage is when HUD contracts directly for repairs to HUD-owned prop - erties. HUD’s Office of the Chief Procurement Officer manages these types of contracts. The DBA requires that the advertised specifications for such contracts contain a provision stating that the minimum wages to be paid to various classes of laborers and mechanics must be based upon the wages found to be prevailing by the Secretary of Labor.

Most HUD construction work is not covered by the DBA since HUD does not usually contract directly for construction work. Rather, Davis-Bacon wage rates apply to HUD programs because of prevailing wage require - ments expressed in HUD “Related Acts” such as the U. S. Housing Act of 1937 and the Housing and Community Development Act of 1974, as amended. The Related Acts (referred to throughout this Guide as the Davis-Bacon and Related Acts or DBRA) are discussed further in Sec - tion 5.9.

The DBA includes provisions that:

1. Require the contractor or subcontractor to pay all mechanics and laborers at least once per week;

2. Prohibit contractors or subcontractors from taking deductions or rebates from wages earned by laborers and mechanics;

3. Require the contractor or subcontractor to pay Davis-Bacon wages to all laborers and mechanics employed on the site of the work regardless of their skill level, and regardless of any contractual relationship alleged to exist between the laborers and mechanics and the contractor or subcontractor;

4. Require the contractor or subcontractor to post the scale of wag- es to be paid (i.e., the applicable Davis-Bacon wage decision) in a prominent and accessible place at the work site;

5. Define prevailing wages to include fringe benefits;

6. Permit the withholding of payments due to the contractor on ac- count of wage restitution that may be found due to the laborers and mechanics;

7. Permit the payment of wage restitution from amounts withheld from contract payments;

8. Permit the termination of the contract where it is found that any laborer or mechanic is underpaid; and

9. Permit the debarment of persons or firms found to have disregard- ed their obligations to employees and subcontractors.

The Contract Work Hours and
Safety Standards Act (CWHSSA)
The CWHSSA applies to both direct federal contracts and to feder- ally-assisted contracts where those contracts require or involve the employment of laborers and mechanics and where federal wage stan- dards (e.g., Davis-Bacon or HUD-determined prevailing wage rates) are applicable. CWHSSA provisions apply to all laborers and mechanics, in- cluding watchmen and guards, employed by any contractor or subcon- tractor. CWHSSA also applies to maintenance laborers and mechanics employed by contractors or subcontractors engaged in the operation of Public Housing Agencies (PHA), Tribally Designated Housing Entities (TDHE), and Indian Housing Agencies (IHA) developments.

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12 CWHSSA O/T provisions do not apply to laborers and mechanics em - ployed directly by PHAs or IHAs. However, O/T provisions generally ap - ply to these workers under the Fair Labor Standards Act (FLSA). HUD does not have authority to enforce FLSA violations. Refer complaints of FLSA violations to DOL, Wage and Hour Division.

CWHSSA provides that all O/T hours (defined as hours worked in ex- cess of 40 during any workweek on the CWHSSA-covered project site) must be compensated at a rate not less than one and one-half times the regular basic rate of pay. Where CWHSSA O/T provisions are appli - cable, compensatory time in lieu of premium pay for O/T hours is not permissible. In the event of O/T violations, the CWHSSA renders the contractor liable to the underpaid workers for wage restitution and to the United States Government for liquidated damages computed per person per day at a rate that DOL publishes annually. It is a federal crim - inal misdemeanor to intentionally violate CWHSSA standards.

Exemptions:
• CWHSSA O/T provisions do not apply where the federal assis- tance is only in the nature of a loan guarantee or insurance. • CWHSSA O/T provisions do not apply to prime contracts of $100,000 or less.

RESOURCE
DOL posts current fines at:
https://www.dol.gov/whd/govcontracts/cwhssa.htm#cmp

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13 The Copeland Act (Anti-Kickback Act)
The Copeland Act concerns three facets of prevailing wage compliance:

1. The “anti-kickback” provision prohibits contractors and subcon - tractors from inducing an employee working on a covered contract to give up any part of the compensation to which he or she is en - titled. Violations are a criminal offense and are punishable by a $5,000 fine or imprisonment up to five years, or both.

2. Associated DOL regulations restrict payroll deductions to those that are permissible without DOL approval as explained at 29 CFR § 3.5; deductions that require advance DOL approval are explained at 29 CFR § 3.6.

3. The Act requires the submission of weekly CPRs accompanied by a Statement of Compliance by all contractors and subcontractors engaged in such construction, prosecution, completion, or repair.

The willful falsification of a CPR or statement of compliance may subject the employer to civil or criminal prosecution under § 1001 of Title 18 and § 3729 of Title 31 of the United States Code (USC), and may also be a cause for debarment.

Exemptions:
• Copeland Act CPR requirements are applicable only where Da- vis-Bacon (DBA or DBRA) prevailing wage provisions are appli- cable.
• Copeland Act anti-kickback provisions do not apply where the only federal assistance is a loan guarantee.

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14 The Fair Labor Standards Act (FLSA)
The FLSA governs matters such as federal minimum wage rates and O/T. These standards are generally applicable to any labor performed and may be pre-empted by other (often more stringent) federal stan - dards such as the DBRA prevailing wage requirements and CWHSSA O/T provisions. The authority to administer and enforce FLSA provi- sions resides solely with DOL.

Portal-to-Portal Act (PA)
The PA applies to the DBA and prevents the commencement of any court suit for unpaid S/T wages more than two years after performance of the work (three years in the case of willful violations), where permissi - ble under the law. However, DOL’s position is that the PA does not apply to administrative actions initiated through Administrative Law Judge (ALJ) hearing procedures; thus, the PA does not preclude corrective ad - ministrative action after two (or three) years.

The PA does not apply to federally-assisted (DBRA) projects. Instead, the various State statutes of limitations apply to such projects in private actions where they are judicially determined to be permissible under the law. The Federal six-year statute of limitations applies in government enforcement actions.

McNamara-O’Hara Service Contract Act (SCA)
The SCA governs maintenance and other service work and applies when the Federal Government or the District of Columbia contracts di- rectly for such services and the value of the contract exceeds $2,500.

SCA coverage in HUD programs is limited because HUD infrequently enters into direct contracts for services in the administration of its pro - grams. By way of example, however, a contract for maintenance service at an HUD-owned multifamily property would be covered by the SCA.

Like DBA contracts, SCA contracts are managed under the auspices of HUD’s Office of the Chief Procurement Officer. SCA enforcement au- thority resides solely with DOL.

Davis-Bacon Regulations
DOL has published rules and instructions concerning Davis-Bacon and other labor laws in the Code of Federal Regulations (CFR). These reg- ulations can be found in Title 29 CFR Parts 1, 3, 5, 6, and 7. Part 1 ex- plains how DOL establishes and publishes DBA wage determinations (also referred to as wage decisions) and provides instructions on how to use the determinations. Part 3 describes Copeland Act requirements for payroll deductions and the submission of weekly CPRs. Part 5 cov- ers the labor standards provisions that are in contracts relating to Da- vis-Bacon Act wage rates and the responsibilities of contractors and contracting agencies to administer and enforce the provisions. Part 6 provides for administrative proceedings enforcing Federal labor stan- dards on construction and service contracts. Finally, Part 7 sets param- eters for practice before the Administrative Review Board. These regu- lations are used as the basis for administering and enforcing the laws.

DOL Regulations are available online: www.ecfr.gov/current/title-29

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15 Construction Contract Provisions and
Labor Standards Administration
Labor standards administration involves the activities that take place primarily before construction begins. Administration sets the stage for the compliance activities that occur during the construction phase. The first and sometimes most difficult step is determining whether and to what extent Davis-Bacon wage standards apply to a particular contract or project. The Factors of Labor Standards Applicability (see Appendix II-6) should be helpful. Most HUD-assisted construction work is cov- ered by Davis-Bacon, but there are some exceptions. The best and saf- est approach is to first assume that Davis-Bacon requirements will be applicable whenever the contract/project involves construction work valued in excess of $2,000, then look more closely to see if there is any reason for non-coverage. Each contract subject to Davis-Bacon labor standards requirements must contain labor standards clauses and a Davis-Bacon wage decision. These documents are normally wound into the contract specifications.

The labor standards clauses
The contract for construction is the vehicle to ensure contractor com - pliance and Davis-Bacon wage enforcement. Therefore, the bid speci- fications and/or the contract for each project subject to Davis-Bacon wage rates must contain both a Davis-Bacon wage decision and labor standards clauses. The labor standards clauses describe the responsi- bilities of the contractor concerning Davis-Bacon wages and obligate the contractor to comply with the Davis-Bacon wage and reporting re - quirements and with the O/T provisions of the CWHSSA (applicable only when the prime contract is valued at over $100,000).

The labor standards clauses also provide for remedies in the event of vi- olations, including the withholding of payments due to the contractor to ensure the payment of wages or liquidated damages that may be found due, and sanctions should violations occur. These contract clauses en- able the contract administrator to enforce the Federal labor standards applicable to the project. HUD has standard forms that contain contract clauses. For example, the HUD-92554M, Supplementary Conditions Of The Contract for Construction, which is issued primarily for FHA (Feder- al Housing Administration) multifamily housing and other construction projects administered by HUD; the HUD-4010, Federal Labor Standards Provisions, which is used for CDBG (Community Development Block Grant) and HOME (HOME Investment Partnerships Program) projects; and the HUD-5370, General Conditions for Construction Contracts (construction contracts >$150,000) or the HUD-5370-EZ, General Con- tract Conditions for Small Construction/Development Contracts (con- struction contracts >$2,000 but ≤$150,000) which are used for Public and Indian Housing projects. These should be wound into the contract specifications or incorporated by specific reference in the bid/contract documents (see Labor Relations Letter 96-03).

RESOURCE
A fillable version of this form is available online at HUDClips www.hud.gov/program_offices/administration/hudclips/forms Contact the contract administrator monitoring the project for assistance with a Project Wage Rate.

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16 Specific Davis-Bacon Related Act (statute)
for the program involved
Related Acts are program statutes that contain provisions requiring compliance with the wages that the Secretary of Labor finds to be pre - vailing pursuant to the Davis-Bacon Act. These are commonly referred to as the Davis-Bacon and Related Acts or DBRA.

HUD Related Acts include (but are not limited to) the:
• National Housing Act;
• U. S. Housing Act of 1937;
• Housing and Community Development Act of 1974;
• National Affordable Housing Act of 1990; and
• Native American Housing Assistance and Self-determination Act of 1996, each as amended.

Many of the labor provisions in HUD Related Acts contain applicabili- ty thresholds based upon the number of dwelling units involved. Some thresholds are based upon the amount of HUD assistance or the use of HUD funds or assistance. In addition, most HUD Related Acts contain exemptions from prevailing wage coverage for bona-fide volunteers. It is important for DBLS and LCA staff to be familiar with the statutory provisions and how these are interpreted.

The labor provisions found in current HUD Related Acts are excerpted for reference in Appendix II-1 to this Guide. Applicability factors relating to specific HUD Related Acts are in Appendix II-6.

Labor Standards Letters
This special directives series is designed to provide current and thor- ough guidance on Davis-Bacon issues in HUD programs. Popular top - ics include Davis-Bacon applicability, and prevailing wage requirements concerning self-employed laborers and mechanics. Labor Standards Letters are available online at the Davis-Bacon and Labor Standards Library: www.hud.gov/program_offices/davis_bacon_and_labor_stan- dards/olr_lrl
HUD Guides
These Guides complement the guidance and instructions provided in HUD Handbook 1344.1, Federal Labor Standards Compliance in HUD Programs. These Guides are also available at the Davis-Bacon and La- bor Standards Library.

Davis-Bacon Wage Decisions
The term “wage decision” includes the original decision and any subse - quent decisions that modify, supersede, correct, or otherwise change the provisions of the original decision. The term “wage decision” is used within this Guide to mean the Davis-Bacon wage decision. The terms “wage decision” and “wage determination” are used interchangeably. A wage decision is a schedule of construction work classifications, wage rates, and fringe benefits that represent the minimum rates that must be paid to workers employed in those classifications. Wage decisions are established for defined geographic areas, usually by county

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17 -
or group of counties, and four general characters of construction work.

Davis-Bacon Wage Decisions
The term “wage decision” includes the original decision and any subse - quent decisions that modify, supersede, correct, or otherwise change the provisions of the original decision. The term “wage decision” is used within this Guide to mean the Davis-Bacon wage decision. The terms “wage decision” and “wage determination” are used interchangeably.

A wage decision is a schedule of construction work classifications, wage rates, and fringe benefits that represent the minimum rates that must be paid to workers employed in those classifications. Wage deci- sions are established for defined geographic areas, usually by county or group of counties, and four general characters of construction work.

RESOURCE
All current Davis Bacon wage decisions can be accessed online at no cost at www.sam.gov
Character of work
There are four basic categories (or characters) of wage decisions based on the type of construction. DOL established these categories and provides details of each one in All Agency Memoranda Nos. 130 and 131. DOL provides further guidance in All Agency Memorandum 236, Prevailing Wage Resource Book, and Field Operations Handbook, Chapter 15. The four categories include:

1. Residential: Residential construction includes the construction, alteration, or repair of single-family houses or apartment buildings of no more than four stories in height. This typically includes all incidental items unless there is an established area practice to the contrary.

Incidental items are elements of a project whose function is to support the principal purpose and do not change the overall character of work.

Examples of incidental items include sidewalks and handrails installed to support residential or building projects. While sidewalks intrinsical- ly constitute “highway” construction, this element considered in con- junction with a residential or building project becomes incidental to the principal purpose of the construction and is subject to the same wage decision that applies to the principal purpose.

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18 Character of work (continued)

2. Building: Building construction generally is the construction of sheltered enclosures with walk-in access for the purpose of hous - ing persons, machinery, equipment, or supplies. This category in - cludes buildings exceeding four stories in height that have housing units and buildings of four stories or less that do not have housing units. This category also includes incidental items such as grad - ing, sidewalks, and utilities. Building examples include high-rise apartment buildings, nursing homes and convalescent facilities, community centers, fire stations, commercial buildings, parking garages, and dormitories.

3. Highway: Highway construction includes the construction, alter- ation, or repair of roads, streets, highways, alleys, parking areas, and other similar projects not incidental to the main category of construction, which is either residential or building for housing de - velopment projects.

4. Heavy: Heavy construction includes those projects that are not properly classified as “residential,” “building,” or “highway.” Some examples include antenna towers, canals, landscaping, drainage and irrigation projects, permanent erosion control, storm sewers, and storage tanks.

General wage decisions
Most Davis-Bacon wage decisions are general wage decisions. DOL usually publishes these annually and may modify or supersede them throughout the year. LCAs and HUD Labor Standard Specialists (LSS) may use general wage decisions without advance notice or approval from DOL. Most Davis-Bacon wage decisions are available as published general wage decisions.

General wage decisions and project wage decisions may be modified from time to time to keep them current, correct errors, and for other purposes. Modifications may be limited to one or more particular work classifications and wage rates. Modifications are effective to a project if HUD or an LCA receives them, or if notice of the modification is pub - lished at www.sam.gov prior to the lock-in date. Modifications to a proj- ect wage decision expire on the same date as the original project wage decision. A modification to a general wage determination remains in effect until it is superseded by a subsequent modification, or the origi- nal general wage decision is superseded or cancelled.

Project wage decisions
If an appropriate wage decision (by location, character of work, or spe - cific trade required) is not published in the general wage decisions, a project wage decision shall be requested from DOL. Project wage deci- sions are applicable only to the construction work specified on the re - quest to DOL and listed on the front page of the wage decision. Project wage decisions are valid for 180 days from the date of original issuance by DOL. The issuance and expiration dates will be indicated on the front page of the wage decision. Like general wage decisions, project wage decisions may be modified.

A project wage decision may be applicable even though a general wage determination is published which covers the geographic location and character of work involved. For example: A project involves only roof replacement on a 4-story apartment building and the only classification needed for the entire contract is a roofer.

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Project wage decisions (continued)
A general wage decision is published for residential construction in the county in which the project is located; however, the general wage deci- sion does not include a roofer classification and wage rate. In this case, the general wage decision is not relevant to the roof replacement and a project wage decision may be requested from DOL.

RESOURCE
General wage decisions and modifications are available at www.sam.gov
This is the only online location endorsed by DOL. Project wage decisions must be requested on a case by case basis from DOL.

Project wage decisions, as needed
The LCA or LSS shall submit a completed SF-308, Request for Wage Determination And Response to Request, to the DOL National Office, allowing 30 days for receipt of the project wage decision from DOL.

Selecting the correct wage decision
The responsible contracting officer (also referred to as the contract ad - ministrator) selects and assigns wage decisions to specific contracts or projects. For HUD-administered projects (e.g., FHA-insured mul - tifamily development), the responsible contracting officer is the LSS.

In addition, the LSS provides technical support and oversight to LCAs administering HUD programs in selecting and assigning appropriate wage decisions. Determining wage decisions is dependent upon the geographic location and the character of work (Residential, Building, Highway, and/or Heavy) assigned to the project.

A request for additional classification and wage rates may be made only after contract award. The request must originate with the contractor/ employer and must be submitted by the LCA to DOL.

MORE INFO
Conformances (additional classifications)
At times, the wage decision will not contain some of the work classification and wage rates that are needed for the construc tion work. In these cases, send a form SF 1444 to DOL at [email protected]

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Conformances (additional classifications)
Conformances (additional classifications)
At times, the wage decision will not contain some of the work classifica - tion and wage rates that are needed for the construction work.

RESOURCE
In these cases, send a form SF 1444 to DOL at
[email protected]
A request for additional classification and wage rates may be made only after contract award. The request must originate with the contractor/ employer and must be submitted by the LCA to DOL.

Verify contractor eligibility
Once the LCA has selected the contractor to whom they wish to award the contract, the LCA must verify that the contractor is not ineligible (e.g., debarred) from participation in Federal programs. Only the eli- gibility of the prime contractor needs to be verified. The U.S. General Services Administration (GSA) maintains a list of ineligible contractors, which can be accessed online at www.sam.gov .

An additional classification and wage rate will be approved by DOL where:

1. The requested work classification is used in the area of the project by the construction industry;

2. The work that will be performed is not performed by a work classi- fication already contained in the wage decision;

3. The proposed wage rate bears a reasonable relationship to the wage rates on the wage decision; and

4. The workers that will be employed in the requested work classifi- cation (if known) or the workers’ representatives (if any) agree with the proposed wage rate.

Provide contractor training
The LCA must make certain that the contractor understands its re - sponsibilities for Davis-Bacon compliance: The principal contractor is responsible for the full compliance of all employers (the contractor, subcontractors, and any lower-tier subcontractors) with the labor stan- dards provisions applicable to the project. LCAs may also wish to pro - vide formal training separate from the contracting process for contrac- tors that are interested in performing work on HUD-assisted contracts and want to learn more about what is involved.

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21 CONTRACTOR RESPONSIBILITIES
See Section 4 in the Contractor Addendum.

CONTRACT ADMINISTRATOR

RESPONSIBILITIES
See Section 5 in the Contractor Addendum.

LCA FLEXIBILITY FOR LABOR

STANDARDS RESPONSIBILITIES
While some aspects of labor standards administration are inflexible, such as which wage decision is applicable to a specific project, the fol - lowing aspects are not. For these, HUD leaves the preference of how to achieve end results with the LCA.

LCAs may hold preconstruction conferences for
labor standards purposes.

HUD acknowledges that there are many good reasons to hold a pre - construction conference (PCC), and these conferences are strongly encouraged in order to have the opportunity to discuss topics such as construction inspections, progress and contractor payment require - ments, Section 3 employment and training, and other issues particular to the project. However, HUD has determined that the time and resourc - es used to conduct and document PCCs for labor standards purposes do not yield measurably better results.

Many contractors have prior Davis-Bacon contract experience and have demonstrated successful performance. These contractors do not re - quire the repetitive basic training that is provided at most PCCs. Con - tractors new to Davis-Bacon projects that understand the basic require - ments and choose not to comply will likely not be persuaded to fully comply just because they attended a PCC.

LCAs may prepare Project Wage Rate Sheets
Some general wage decisions cover large areas (e.g., several counties or different characters of construction) and may contain wage rates that do not apply to the contract/project to which the wage decision applies. Such wage decisions can be difficult to decipher and confusing to contractors and subcontractors, and to the workers reviewing the wage decision to determine whether they are being paid correctly. For ease of reference for the LSS/LCA, the prime contractor and any sub - contractors, and the workers, the LSS/LCA may prepare a form HUD - 4720, Project Wage Rate Sheet, which should reflect the most common- ly used work classifications and wage rates as contained in the wage decision applicable to the project. The Project Wage Rate Sheet should be prepared only after the wage decision has been “locked-in” by con- tract award or start of construction, as applicable. The Project Wage Rate Sheet does not replace the wage decision; it is only provided as a convenience. If there is a conflict between the Project Wage Rate Sheet and the wage decision, the wage decision prevails.

LCAs can prepare a Project Wage Rate Sheet for contracts using the onscreen fillable versions in either the HUD Forms or DBLS websites.

HUD DBLS staff is available to provide assistance to LCAs in preparing Project Wage Rate Sheets. HUD strongly recommends incorporation of the full wage decision text into bid solicitations and contracts, either in hard copy or by specific reference.

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22 LCAs may develop their own
labor standards file system
HUD believes that LCAs can best determine how to maintain their files provided that certain minimum requirements are met. The minimum requirements include compliance with DOL regulations that certified payrolls and basic records relating to the payrolls be preserved for no less than three years after completion of the project and the resolution of any enforcement actions that may carry over after completion. In addition, the files must be maintained in such a way that the LCA can utilize them to demonstrate its own compliance with its labor standards administration and enforcement responsibilities. For example, the LCA must, at HUD’s request, demonstrate how it has documented that the eligibility of the prime contractor was verified for each contract.

LCAs may target on-site interviews
with laborers and mechanics
HUD is interested in using on-site interviews as a proactive enforcement tool rather than to meet a “representative sampling” quota. Instead of conducting interviews randomly for the sake of assembling a sample, LCAs are encouraged to target interviews to projects or groups of work- ers where violations are suspected or alleged. In this way, on-site inter- views can be used to support a specific ongoing enforcement action.

HUD realizes that this approach may mean that fewer on-site interviews may be conducted randomly; HUD considers targeting a far more effi - cient and effective means of utilizing on-site interview resources.

LCAS may limit payroll reviews to spot-checks
and HUD-11 (Employee Interview Form)
comparison
The goal: to detect falsification. HUD believes that serious violations involving underpaid workers and significant wage restitution may be overlooked because the contract administrator is overtasked with HUD-mandated payroll review minutiae. HUD recognizes that it is not possible to conduct payroll reviews in 100% of cases; therefore, it is not possible to identify and correct every discrepancy and underpayment.

It is also the case that the violations disclosed behind falsified payrolls are much more egregious (both in terms of affected workers and the amount of underpayment) than violations that appear on the face of the payroll records. Accordingly, HUD has prioritized payroll reviews so that the objective is to detect falsification, and so that enforcement ac- tivities will yield the greatest impact. HUD has developed guidance on how to detect falsification through spot-checks and HUD-11 interview comparison. (See Willful Violations and Falsification Applicability in Ap - pendix III-1.)

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LCAS may limit payroll reviews to spot-checks and HUD-
11 (Employee Interview Form) comparison (continued)
Routine payroll review results may be communicated to the prime con - tractor by telephone and documented with a record in the file. Many times, the types of deficiencies that come to the attention of the con - tract administrator can be handled more efficiently and just as effec - tively with good informal communication (e.g., a telephone call, email, etc.) with the employer/prime contractor rather than with formal letters.

Examples of the types of issues that could easily be addressed infor- mally—assuming the cooperation of both sides—include a missing pay- roll report or missing apprenticeship certificates, requests for employ- ee authorizations for deductions, small underpayments that appear on the face of the payroll, and similar matters. With the prime contractor’s cooperation, these matters can be disposed of quickly with a telephone call and a brief note to the contract file documenting the call. If the em - ployer/prime contractor does not respond appropriately to this type of communication, it may be necessary to resort to more formal means.

RESOURCE
The Department of Housing and Urban Development (HUD) one stop forms resource page.
www.hud.gov/program_offices/administration/hudclips/forms

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FEDERAL LABOR STANDARDS

COMPLIANCE CHECKLIST FOR

DAVIS-BACON COVERED PROJECTS

RESOURCE
See LCA DBRA Checklist online at the link below:
https://www.hud.gov/program_offices/davis_bacon_and_la - bor_standards/OLRLibrary

REVIEWING PAYROLLS
See Section 7 in the Contractor Addendum.

REPORTING PAYROLLS
See Section 8 in the Contractor Addendum.

PAYROLL COMPLIANCE

REVIEWS AND CORRECTIONS
Compliance reviews
The contract administrator or other inspector may visit the project site and interview some of the workers concerning their employment on the project. DOL may also independently conduct its own reviews (see

10.2.2 in the Contractor Addendum). In addition, the contract adminis - trator will periodically review payrolls and related submissions, com - paring the interview information to the payrolls, to ensure that the labor standards requirements have been met. Contractors will be notified by the contract administrator if these reviews find any discrepancies or errors, and will be given instructions about what steps must be taken to correct any problems.

On-site interviews
Every employer (contractor, subcontractor, etc.) must make their em- ployees available for interview at the job site with the contract admin- istrator or other agency representative (or HUD or DOL representative).

The interviews are confidential and the employees will be asked about the number of hours they work, the kind of work they perform, and their rate of pay. Every effort will be made to ensure that these interviews cause as little disruption as possible to the ongoing work. The inter- viewer will record the interview information, usually on a form HUD-11, Record of Employee Interview, and forward the interviews to the con- tract administrator. Completed HUD-11s must be compared to the cor- responding contractor and subcontractor certified payrolls to test and verify the accuracy of the payroll information.

RESOURCE
HUD 11 forms are available online in English and in Spanish in a fillable format via the HUD Forms website ( www.hud.gov/pro - gram_offices/administration/hudclips/forms) and at the DBLS website ( www.hud.gov/program_offices/davis_bacon_and_la - bor_standards/olrform).

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25 Project payroll reviews
The contract administrator will compare the information on the inter- view forms to the corresponding payrolls to ensure that the workers are properly listed on the payrolls for the days and hours worked on the job site, work classification, and rate of pay. The contract adminis- trator will also review the payroll submissions to make certain that the payrolls are complete and signed, that employees are paid no less than the wage rate for the work classification shown, that apprentice and trainee certifications are submitted (where needed), that employee or other authorizations for other deductions are submitted (where need - ed), etc. Contract administrators should be particularly alert for indi - cations of payroll falsification—misinformation on payrolls to conceal underpayments. Falsification on payrolls indicates that a contractor or subcontractor is aware of its obligations, is knowingly underpaying its employees, and is attempting to avoid detection of the violations. See Appendix III-1 for an explanation of willful violations and falsification indicators.

Typical payroll errors and required corrections
Contract administrators must ensure the full correction of all discrep - ancies disclosed during compliance monitoring conducted by the LCA, HUD, or DOL. This includes the collection of documentation to demon - strate that corrective measures have been successfully completed.

They must:

1. Examine and resolve probable violations and complaints of un- derpayment. Contract administrators must explore probable vi- olations—particularly those involving falsification of payrolls and complaints alleging underpayments. In addition to the HUD-11, Record of Employee Interview, HUD has developed a question- naire form (HUD-4730) and a complaint intake form (HUD-4731) for HUD and LCA use. The forms are available in onscreen fillable formats at the HUD forms website and via the DBLS website;

2. Refer complex issues and/or falsification cases to HUD or DOL.

Some issues may be more complex than LCAs are able to address.

HUD encourages LCAs to consult with the LSS for their area to secure appropriate guidance and support. HUD has decided, in consultation with DOL, that it will refer to DOL cases involving fal- sification of payrolls or related documents for DOL investigation.

HUD strongly suggests that LCAs employ this strategy for cases involving falsification;

3. Take steps to ensure the full resolution of any monetary liability that has or may be imposed for labor standards reasons. Con- tract administrators must take prompt action to ensure that funds will be available to satisfy any labor standards liability that may be imposed. Actions include the withholding of contract payments due to the contractor and requiring funding for an escrow account to guarantee the satisfaction of any restitution and/or liquidated damages assessment that may be pending at contract closeout;

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26 Typical payroll errors and required corrections
(continued)

4. Recommend debarment against repeat violators. HUD has imple - mented a zero tolerance policy against contractors who are repeat violators of Davis-Bacon labor standards. The first time an em - ployer is found in violation, the employer is required to pay full res - titution to all affected workers and to pay any CWHSSA liquidated damages (for O/T violations) that may be assessed. In addition, the employer must provide written assurance of future compliance. If the employer promptly completes these corrective actions, HUD will not object if the LCA does not recommend debarment against the employer unless there are extenuating circumstances that war- rant debarment. If the employer is found in violation again, the LCA must require full correction of any underpayments and payment of CWHSSA liquidated damages assessed. A debarment recom - mendation made by the LCA against the employer is expected; and

5. Prepare and submit enforcement reports. In accordance with DOL regulations (29 CFR Part 5, § 5.7), the contract administrator must prepare and submit to HUD an enforcement report in any case where an employer (contractor or subcontractor) has underpaid its employees by $1,000 or more or where there is reason to be - lieve that the violations are aggravated or willful, and prepare and submit to HUD semi-annual enforcement reports concerning all Davis-Bacon labor standards administration and enforcement ac - tivities involving all HUD-assisted programs. Enforcement reports cover wage underpayments by contractors and subcontractors.

Note that enforcement reports concern only wage violations associat- ed with projects or contracts subject to the labor standards provisions of the DBRA.

Employer-specific enforcement reports
These enforcement reports are used for three general purposes. First, to report to the Secretary of Labor on Davis-Bacon enforcement ac- tions successfully completed in the field by all federal, state, and local agencies. Second, to refer to the Wage and Hour Administrator inves- tigative findings that are in dispute (e.g., where the employer contests findings of underpayment made against it and requests a hearing to appeal the findings). Third, to make recommendations for debarment and other sanctions and for recommendations concerning liquidated damages computed for CWHSSA O/T violations. (See Labor Relations Letter LR-92-02 for additional guidance concerning employer-based en- forcement reports.)

6. Semi-Annual Enforcement Reports. HUD is required to furnish to DOL semi¬-annual reports (SARs) concerning the volume of DBRA-covered activities and the compliance and enforcement of DBRA labor standards provisions in HUD programs. The reports are due to DOL by April 30 and October 31 of each calendar year and cover the periods of October 1 through March 31 and April 1 through September 30, respectively. (See DOL regulations at 29 CFR § 5.7(b) and All Agency Memorandum 189.)

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-
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Typical payroll errors and
required corrections (continued)
To prepare the SAR, HQLS (Headquarters Office Davis-Bacon and Labor Standards) collects data from the LSIS (Labor Standards Information System) and from each RLSO (Regional Labor Standards Officer), and then submits the report to DOL, which accepts electronic submittals of the semi-annual reports in lieu of paper copies at SemiAnnualReport@ DOL.gov. HUD collects the reports from its client agencies and compiles a comprehensive report to DOL covering all HUD-assisted Davis-Bacon construction activity. The report may be completed onscreen, saved, and attached to an email message for submission purposes.

RESOURCE
A copy of the Semi Annual Report form (HUD 4710) and instruc tions (HUD4710i) for LCAs and are available at HUDClips (www. hud.gov/program_offices/administration/hudclips/forms) and at the Davis Bacon and Labor Standards Forms page (www. hud.gov/program_offices/davis_bacon_and_labor_standards/ olrform).

MORE INFO
States may report directly to DOL, as the state chooses. PHAs, IHAs, and TDHEs should send data for Davis Bacon projects only; data relating to HUD determined maintenance wage rate projects or projects subject to Tribally determined wage rates (for construction or maintenance work) should not be included.

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28 Common errors
The following paragraphs describe common payroll errors and the cor- rective steps that must be taken.

Inadequate payroll information
If an alternate payroll format used by an employer (such as some com - puter payrolls) is inadequate (e.g., does not contain all the necessary information that would be on the optional form WH-347), the employer will be asked to resubmit the payrolls on an acceptable form.

Missing identification numbers
If the first payroll on which an employee appears does not contain the employee’s individually identifying number, the employer will be asked to supply the missing information. This information can be reported on the next payroll submitted by the employer if the employer is still work- ing on the project. Otherwise, the employer will be asked to submit a correction certified payroll.

Incomplete payrolls
If the information on the payroll is not complete, for example, if work classifications or rates of pay are missing, the employer will be asked to send a correction certified payroll.

Classifications
If the payrolls show work classifications that do not appear on the wage decision, the employer will be asked to reclassify the employees in ac - cordance with the wage decision, or the employer may request an ad- ditional classification and wage rate (see Section 9 in the Contractor Addendum). If reclassification results in underpayment (i.e., the wage rate reported on the payroll is less than the rate required for the new classification), the employer will be asked to pay wage restitution to all affected reclassified employees (see Section 10 in the Contractor Ad- dendum for instructions about wage restitution).

Wage rates
If the wage rates on the payroll are less than the wage rates on the wage decision for the work classifications reported, the employer will be asked to pay wage restitution to all affected employees.

Indications of falsification on payrolls
The greatest threat to construction workers entitled to a statutori- ly-mandated prevailing wage for their craft is from employers who know what is required, choose not to pay the required prevailing wage rates, and falsify CPRs to conceal the underpayments. Such willful violators see the workers’ underpayment as their own gain and engage in decep- tion to increase this gain. In addition, willful violators that successfully escape detection and are not required to pay prevailing wages will con- tinue to bid on Davis-Bacon contracts until their violations are disclosed and administrative sanctions such as debarment are imposed.

Falsification indicators
HUD has prepared a list and explanation of four common falsification indicators that are detectable during payroll “spot-checks.”

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29 Information reported on payrolls that indicate falsification suggests willful, much more serious violations in terms of the amount of back wages that may be due and the number of employees affected.

Such cases most often warrant investigation, which can include on-site interviews, mailing questionnaires to employees, taking written state - ments or complaints, and other methods to gather and assess the facts of the case. See Appendix III-1 for an explanation of willful violations and falsification indicators.

Apprentices and trainees
If a copy of the employee’s registration or the approved program ratio and wage schedule are not submitted with the first payroll on which an apprentice or trainee appears, the employer will be asked to submit a copy of each apprentice’s or trainee’s registration and/or the approved program ratio and wage schedule. If the ratio of apprentices or trainees to journeymen on the payroll is greater than the ratio in the approved program, the employer will be asked to pay wage restitution to any ex- cess apprentices or trainees. Also, any apprentice or trainee that is not registered in an approved program must receive the journeyman’s wage rate for the classification of work they performed.

Overtime
If the employees did not receive at least time and one-half for any O/T hours worked on the project, the following will occur:

1. If the project is subject to CWHSSA O/T requirements, the employ- er will be asked to pay wage restitution for all O/T hours worked on the project.

The employer may also be liable to the United States for liquidated dam- ages computed at $26 per day per violation, and indexed to increase annually. Or,

2. If the project is not subject to CWHSSA, the employer will be noti- fied of the possible FLSA O/T violations.

Also, the contract administrator may refer the matter to DOL for further review.

Computations
If the payroll computations (hours worked times rate of pay) or exten- sions (deductions, net pay) show frequent errors, the employer will be asked to take greater care. Wage restitution may be required if under- payments resulted from the errors.

Deductions
If there are any “Other” deductions that are not identified, or if employee authorization isn’t provided, or if there is any unusual (very high, or large number) deduction activity, the employer will be asked to identify the deductions, provide employee authorization, or explain unusual deduc - tions, as necessary.

HUD does not enforce or attempt to provide advice on employer obliga- tions to make deductions from employee earnings for taxes or Social Security. However, HUD may refer to the IRS or other responsible agen- cy copies of CPRs that show wages paid in gross amounts (i.e., without tax deduction) for its review and appropriate action.

AGENCY/CONTRACTOR GUIDE
Agency/Contractor Guide

30 Fringe benefits
If the wage decision contains fringe benefits but the payroll does not indicate how fringe benefits were paid (neither 4(a) nor 4(b) is marked on the Statement of Compliance), the employer may be asked to submit correction certified payrolls and will be required to pay wage restitution if underpayments occurred.

However, if the basic hourly rates for the employees are at least as much as the total wage rate on the wage decision (basic hourly rate plus the fringe benefit rate), no correction is necessary.

Signature
If the payroll Statement of Compliance is not signed or is missing, the employer will be asked to submit a signed Statement of Compliance for each payroll affected. If the Statement of Compliance is signed by a person who is not a principal of the firm and that person has not been authorized by principal to sign, the employer will be asked to provide an authorization or to resubmit the Statement(s) of Compliance bearing the signature of a principal or other authorized signatory.

On-site interview comparisons
If the comparison of on-site interviews to the payrolls indicates any dis- crepancies (e.g., the employee does not appear on the payroll for the date of the interview), the employer will be asked to submit a correction CPR.

Correction certified payroll
Any and all changes to data on a submitted payroll report must be re - ported on a certified correction payroll. In no case will a payroll report be returned to the prime contractor or employer for revision.

Restitution for underpayment of wages
Where underpayments of wages have occurred, the employer will be required to pay wage restitution to the affected employees. Wage resti- tution must be paid promptly in the full amounts due, less permissible and authorized deductions. All wages paid to laborers and mechanics for work performed on the project, including wage restitution, must be reported on a CPR. If a violation of labor standards requirements re - sults in an underpayment of wages to employees, the LCA should notify the prime contractor to either make wage restitution or direct its sub - contractor to do so. Where restitution amounts are in excess of $10 per worker, the employer must attest to wage restitution paid on a correc- tion certified payroll.

Notification to the Employer/Prime contractor
The contract administrator will notify the employer and/or prime con- tractor in writing of any underpayments that are found during payroll or other reviews. The contract administrator will describe the under- payments and provide instructions for computing and documenting the restitution to be paid. The employer/prime contractor is allowed 30 days to correct the underpayments. Note that the prime contractor is responsible to the contract administrator for ensuring that restitution is paid. If the employer is a subcontractor, the subcontractor will usually make the computations and restitution payments and furnish the re - quired documentation through the prime contractor.

AGENCY/CONTRACTOR GUIDE
Agency/Contractor Guide

31 -
-
Notification to the Employer/Prime
contractor (continued)

MORE INFO
The contract administrator may communicate directly with a subcontractor when the underpayments are plainly evident and the subcontractor is cooperative. It is best to work with the prime contractor when the issues are complex, when there are significant underpayments, and/or the subcontractor is not co operative. In all cases, the subcontractor must ensure that the prime contractor receives a copy of the required documentation.

Computing wage restitution
Wage restitution is simply the difference between the wage rate paid to each affected employee and the wage rate required on the wage de - cision for all hours worked where underpayments occurred. The differ- ence in the wage rates is called the adjustment rate. The adjustment rate times the number of hours involved equals the gross amount of restitution due. Alternatively, wage restitution may be computed by cal - culating the total amount of Davis-Bacon wages earned and subtract- ing the total amount of wages paid. The difference is the amount of back wages due.

Total hours worked times (x) adjustment rate (DB rate – rate paid) = wage restitution due; or
Total wages earned minus (-) total wages paid = wage restitution due.

Correction certified payrolls
The employer will be required to report the restitution paid on a correc- tion certified payroll. The correction payroll will reflect the period for which restitution is due (e.g., Payrolls #1 through #6, or a beginning date and ending date). The correction payroll will list each employee to whom restitution is due and their work classification, the total num- ber of work hours involved (daily hours are usually not applicable for wage restitution), the adjustment wage rate (the difference between the required wage rate and the wage rate paid), the gross amount of restitution due, deductions, and the net amount actually paid. A prop - erly signed Statement of Compliance must accompany the correction payroll. HUD no longer requires the signature of the employee on the correction payroll to evidence employee receipt of restitution payment.

In addition, except in the most extraordinary cases, HUD no longer re - quires employers to submit copies of restitution checks (certified, ca- shier’s, canceled, or other) or employee-signed receipts or waivers.

MORE INFO
In the course of basic enforcement and corrections, the em ployer need only submit a correction CPR to evidence wage restitution paid. Other documentation such as copies of checks, copies of cancelled checks, receipts signed by the employees, employee signatures on the correction CPR, etc., is not required.

AGENCY/CONTRACTOR GUIDE
Agency/Contractor Guide

32 Review of correction CPR
The contract administrator will review the correction certified payroll to ensure that full restitution was paid. The prime contractor shall be notified in writing of any discrepancies and will be required to make additional payments, if needed, documented on a correction certified payroll within 30 days.

Withholding payments due to the contractor
If wage violations are not corrected within 30 days after notification to the prime contractor, the LCA may cause the withholding of pay- ments due to the contractor in the amount needed to ensure the full payment of restitution and, if applicable, liquidated damages computed for CWHSSA O/T violations. Only the amounts necessary to meet the potential back wage and CWHSSA liquidated damages liabilities should be withheld.

Unfound workers
Sometimes, wage restitution cannot be paid to an affected employee because, for example, the employee has moved and cannot be located.

After wage restitution has been paid to all the workers who could be lo - cated, the employer must submit a list of any workers who could not be found and paid (i.e., unfound workers), providing their name, Social Se - curity number, last known address, and the gross amount due. In such cases, at the end of the project the prime contractor will be required to place in a deposit or labor standards escrow account an amount equal to the total gross amount of restitution that could not be paid because the employee(s) could not be located. The contract administrator will continue attempts to locate the unfound workers for three years after the completion of the project. After three years, any amount remaining in the account for unfound workers will be credited and/or forwarded by the contract administrator to HUD. Contact the HUD LSS for your area if you encounter this situation.

AGENCY/CONTRACTOR GUIDE
Agency/Contractor Guide

33 ADDITIONAL WORK

CLASSIFICATION AND

WAGE RATES

APPENDIX
• Appendix I-1 Reorganization Plan No. 14 of 1950
See Section 9 in the Contractor Addendum. • Appendix I-2 Delegations of Authority • Appendix I-3 Labor Standards Core Work Activities
SANCTIONS AND RESTITUTION • Appendix II-1 HUD Davis-Bacon Related Acts • Appendix II-2 Davis-Bacon Act Copeland Anti-Kickback Act • Appendix II-3 Contract Work Hours and Safety Standards Act See Section 9 in the Contractor Addendum. • Appendix II-4 Federal Labor Standards Coverage in Major HUD Programs
• Appendix II-5 Factors of Labor Standards Applicability • Appendix III-1 HUD’s Willful Violations and Falsification Appli- cability
• Appendix III-2 Sample Deposit Schedule
• Appendix III-3 Sample Tax Withholding Notice
• Appendix III-4 Unfound Worker Schedule
• Appendix III-5 Refund of Deposit Memorandum Template
• Appendix IV-1 Acronyms and Symbols

AGENCY/CONTRACTOR GUIDE
Agency/Contractor Guide

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