R2011-08 AUTHORIZING EXECUTION OF AN AMENDED CAPITAL ASSISTANCE GRANT AGREEMENT

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CAP-10-962-ARR4, Contract No. 4021 officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: A. The work to be performed by the classification requested is not performed by a classification in the wage determination; and B. The classification is utitized in the area by the construction industry; and C. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. ii. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within thirty (30)days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. iii. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within thirty(30) days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. iv. The wage rate(including fringe benefits where appropriate) determined pursuant to 29 CFR Part 5.5(a)(1)(ii)(B) or 29 CFR Part 5.5(a)(1)(ii)(C), shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. 2. Withholdinq -The Grantee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor, under this Agreement or any other federal contract with the same Grantee or any other federally assigned contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the FTA assisted Project), all or part of the wages required by the contract, the Grantee 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 until such violations have ceased. State/Federal Capital Grant Page 3rJ