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a~ <br />within the 30 days of receipt and so advise or its designee or will notify HUD or its <br />designee within .30-day period that additional time is necessary. (Approved by the Office <br />ofManagement and Budget under OMB Control Number 1215-0140). <br />(D) The wage rate (including fringe benefits where appropriate) determined pursuant to <br />subparagraphs (1)(B) or (C) of this paragraph, shall be paid to all workers performing <br />work in the classification under this contract from the first day on which work is per- <br />formed in the classification. <br />(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or <br />mechanics includes a fringe benefit which is not expressed as an hourly rate, the contrac- <br />tor shall either pay the benefit as stated in the wage determinations or shad pay another <br />bona fide fringe benefit or an hourly cash equivalent thereof. <br />(iv) If the contractor does not make payments to a trustee or other third person, the contrac- <br />tormay consider as part of the wages of any laborer or mechanic the amount of any <br />costs reasonably anticipated in providing bona fide fringe benefits under a plan or' <br />program, Provided, That the Secretary of Labor has found, upon the written request of <br />the contractor, that the applicable standards of the Davis-Bacon Act have been met. The <br />Secretary of Labor may require the contractor to set aside in a separate account assets <br />for the meeting of obligations under the plan or program. (Approve d by the Office of <br />Management and Budget under OMB Confrol Number 1215-0140). <br />(2) Withholdine. HUD or its designee shad upon its own action or upon written request of an <br />authorized representative of the Department of Labor withhold or cause to be withheld from the <br />contractors under this contract or any other Federal contract with the same prime contractor, or <br />any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, <br />which is held by the same prime contractor so much of the accrued payments or advances as may <br />be considered necessary to pay laborers and mechanics, including apprentices, trainees and <br />helpers, employed by the contractor or any subcontractor the fun amount of wages required by <br />the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, <br />trainee or helper, employed or working on the site of the work (or under the United States <br />Housing Act of 19.37 or under the Housing Act of 1949 in the construction or development of the <br />project), all or part of the wages required by the contract, HUD or its designee may, after written <br />notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to <br />cause the suspension of any further payment, advance, or guarantee of funds until such violations <br />have ceased HUD or its designee may, after written notice to the contractor, disburse such <br />amounts withheld For and on account of the contractor or <br />Page 6 of 16 HUD-52537-8 (12/88) <br />ref. Handbook 7420 8 <br />