FEDERAL LABOR STANDARDS. To the extent applicable, Grantee/Contractor shall comply with Federal Labor Standards, including:
A. Section 110 of the Housing and Community Development Act of 1974, 42 U.S.C. §5310, 24 CFR §570.603 and HUD Handbook 1344.1 Federal Labor Standards Requirements in Housing and Community Development Programs, as revised, which require that all laborers and mechanics (as defined at 29 CFR §5.2) employed by Grantee/Contractor (including its subcontractors/subconsultants) in connection with construction contracts over $2,000, are paid wages at rates not less than those prevailing on similar construction in the locality as per the Xxxxx-Xxxxx Act (40 X.X.X. §0000 et seq.), as amended; except that these requirements do not apply to the rehabilitation of residential property if such property contains less than 8 units;
B. The Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 et seq.), requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts of $100,000 or greater be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work-week, and projects must comply with safety standards;
C. The Federal Fair Labor Standards Act (29 U.S.C. 201 et seq.), requiring that covered nonexempt employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rate for all hours worked in excess of the prescribed work-week;
D. The Xxxxxxxx “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3), which apply to contracts and subcontracts for construction, prosecution, completion, or repair of public buildings, public works or buildings or works financed in whole or in part by Federal loans or grants and require payment of wages once a week and allows only permissible payroll deductions;
E. Department of Labor regulations in parallel with HUD requirements above:
FEDERAL LABOR STANDARDS. To the extent applicable, the Grantee shall comply with Federal Labor Standards, including:
A. The Xxxxx-Xxxxx Act, as amended (40 U.S.C. 3141-3144, and 3146-3148), as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, the Grantee and its subcontractors, where applicable, are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Grantee and its subcontractors, where applicable, are required to pay wages not less than once a week. If the prevailing wage rate prescribed for any craft by the United States Secretary of Labor is not the same as the prevailing wage rate prescribed for that craft by the New Jersey Department of Labor, the Grantee and its subcontractors, where applicable, shall pay the higher rate. General wage determinations issued under Xxxxx-Xxxxx and related acts, published by the US Department of Labor, may be obtained from the Wage Determinations online website at xxxxx://xxx.xxxx.xxx.xxx.xxxx. The Federal wage determinations in effect at the time of this award are part of this agreement. The Grantee hereby accepts the wage determinations and agrees that its award of any subcontract under this agreement shall be conditioned upon the subcontractor’s acceptance of the wage determinations.
B. The Xxxxxxxx “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor Regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each Grantee and its subcontractors, where applicable, must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
C. The Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). The Grantee and its subcontractors, where applicable, shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor Regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, the Grantee and its subcontractors must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard...
FEDERAL LABOR STANDARDS. If the eligible project or projects include construction work, rehabilitation work, and/or the installation of machinery, the Grantee shall comply with all applicable federal labor standards, including, without limitation, the payment of wages of all laborers and mechanics employed by contractors and subcontractors in the performance of such project(a) at rates not less than those prevailing, as determined by the U.S. Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the “Xxxxx-Xxxxx Act”).
FEDERAL LABOR STANDARDS. (a) The parties hereto acknowledge that because the HUD-Insured Loan is to be insured by HUD, and includes that will be used for payment of a portion of the costs under the Construction Contract, the Construction Contract is subject to federal labor standards requirements as set forth in the Xxxxx-Xxxxx Act (40 U.S.C. 276a, et seq.) and related acts, and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327, et seq.) (collectively, the "Federal Labor Standards"). HUD Program Obligations provide for HUD to monitor and enforce Federal Labor Standards for projects participating in the HUD Insurance Program; however, in instances where the Issuer provide funding to projects such as this Project, each may have an obligation to monitor and enforce Federal Labor Standards. To avoid duplication of efforts and for efficiency in project management, the parties hereto agree that HUD will be solely responsible to monitor and enforce Federal Labor Standards for the Project (including the overtime pay requirements of the Contract Work Hours and Safety Standards Act that would not be applicable if not for the federal funding), and that the Issuer shall not be responsible or liable for any statutory and/or regulatory requirements relative to Federal Labor Standards compliance.
(b) If requested, HUD shall provide to any party hereto, in a timely manner following written request, copies of documents relative to HUD's monitoring and enforcement of the Federal Labor Standards for the Project.
(c) The parties hereto acknowledge that HUD has determined the appropriate Xxxxx-Xxxxx wage determination for the Project.
FEDERAL LABOR STANDARDS. [required when Federal funds, USDA-RD, are used.] The CONTRACTOR and its subcontractors shall comply with the Xxxxx-Xxxxx Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). CONTRACTOR and its contractors shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in the wage determination made by the Secretary of Labor. CONTRACTOR and its contractors shall also pay wages not less than once a week. [required when Federal funds, USDA-RD. are used.] The CONTRACTOR and its subcontractors shall comply with the Energy Policy and Conservation Act (P.L. 94-163) and all mandatory State and County standards and policies relating to energy efficiency. [required when Federal funds, USDA-RD, are used.] The CONTRACTOR shall comply with the Xxxxxxxx Anti-Kickback Act (18 USC 874 and 40 USC 276c) as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Buildings or Public Works Financed in Whole or in Part by Loans or Grants of the United States”). The Act provides that Contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public facilities, to give up any part of the compensation to which they are otherwise entitled. [required when Federal funds, USDA-RD, are used.] Developer and its subcontractors shall to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
FEDERAL LABOR STANDARDS. The CONTRACTOR shall comply with U.S. Department of Housing and Urban Development (HUD) Federal Labor Standards Provisions (Form HUD- 4010) attached as Exhibit “A”.
FEDERAL LABOR STANDARDS. ESCO agrees to comply with applicable Federal labor standards, including but not limited to the Xxxxx-Xxxxx Act (40 U.S.C. 3141-3148), the Anti-Kickback Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”), and Contract Work Hours and Safety Standards Act - CWHSSA (40 U.S.C. 3702).
FEDERAL LABOR STANDARDS. The CONTRACTOR and its subcontractors shall comply with the Xxxxx-Xxxxx Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). CONTRACTOR and its subcontractors shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in the wage determination made by the Secretary of Labor. CONTRACTOR and its contractors shall also pay wages not less than once a week. The CONTRACTOR and its subcontractors shall comply with the Energy Policy and Conservation Act (P.L. 94-163) and all mandatory State and County standards and policies relating to energy efficiency. The CONTRACTOR shall comply with the Xxxxxxxx Anti-Kickback Act (18 USC 874 and 40 USC 276c) as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Buildings or Public Works Financed in Whole or in Part by Loans or Grants of the United States”). The Act provides that CONTRACTOR or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public facilities, to give up any part of the compensation to which they are otherwise entitled. Developer and its subcontractors shall to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
FEDERAL LABOR STANDARDS. For construction, rehabilitation, alteration, or repair of real property funded with Project Funds, Subrecipient shall comply, and shall cause all subcontractors on such work to comply, with the applicable provisions of the Contract Work Hours and Safety Standards Act, as amended, (40 USC §3701 et seq.) and all rules, regulations and orders promulgated under said Acts. Among other provisions, said Acts establish minimum wages and fringe benefits; prohibit deductions or rebates from payments; provide for the withholding of funds to assure compliance with wage provisions; and provide for the termination of the contract and debarment of the contractor for failure so to comply. Subrecipient shall also comply, and shall cause all subcontractors on such work to comply, with all other applicable HUD labor requirements, including, without limitation, the requirements of 29 CFR Parts 3 and 5, which govern the payment of wages and the ratio of apprentices and trainees to journeymen. If wage rates higher than those required under such regulations are imposed by state or local law, nothing in this Contract is intended to relieve Subrecipient of its obligations, if any, to require payment of the higher rates. Subrecipient shall cause or require to be inserted, in all such contracts, provisions which subject the parties to the Federal Labor Standards Provision and all other applicable regulations and requirements of HUD. Subrecipient shall not award any contract subject to the provisions of Section 25 of the Contract to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract.
FEDERAL LABOR STANDARDS. The CONTRACTOR and its subcontractors shall comply with the Xxxxx-Xxxxx Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). CONTRACTOR and its subcontractors shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in the wage determination made by the Secretary of Labor. CONTRACTOR and its contractors shall also pay wages not less than once a week.
