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� � contractor to set aside in a separate account assets for the meeting of obligations under the <br /> plan or program. <br /> (iv.) A. The contracting officer shall require that any class of laborers or mechanics that is not <br /> listed in the wage determination and that is to be employed under the contract shall <br /> be classified in conformance with the wage determination. The contracting officer . <br /> shall approve an additional classification and wage rate and fringe benefits therefor <br /> onfy when the following criteria have been met: <br /> 1. The work to be performed by the classiflcation requested is not performed by <br /> a classification in the wage determination;and <br /> 2. The classiflcation is utilized in the area by the construction industry;and <br /> 3. The proposed wage rate,inGuding any bona fide fringe benefits,bears a <br /> reasonable relationship to the wage rates contained in the wage <br /> determination. <br /> B. If the contractor and the laborers and mechanics to be employed in the Gassification <br /> (if known),or their representatives,snd the contracting officer agree on the <br /> classification and wage rate(including the amount designated for finge benefits <br /> where appropriate),a report of the action taken shall be sent by the contracting officer � <br /> to the Administrator,of the Wage and Hour Division, Employment Standards <br /> Administration, U.S.Department of Labor,Washington,D.C.20210. The <br /> Administrator,or an authorized representative,will approve,modify,or disapprove • <br /> every additional classification action within 30 days of receipt and so advise the ;, ' <br /> contracting officer or will notify the contracting officer within the 30-day period that <br /> additional time is necessary. <br /> C. In the event the contractor,the laborers or mechanics to be employed in the <br /> Gassification or their representatives,and the contracting officer do not agree on the <br /> proposed classification and wage rate(inGuding the amount designated for fringe <br /> benefits,where appropriate),the contracting officer shall refer the questions, including <br /> the views of all interested parties and the recommendation of the contracting officer, <br /> to the Administrator for determination. The Administrator,or an authorized <br /> representative,will issue a determination within 30 days of receipt and so advise the <br /> contracting officer or will notify the contracting officer within the 30-day period that <br /> additional time is necessary. <br /> D. The wage rate(including fringe benefits where appropriate)determined pursuant to <br /> 29 C.F.R.§5.5(a)(1)(v)(B)or 29 C.F.R.§ 5.5(a)(1)(v)(C),shall be paid to all workers <br /> performing wo�lc in the classification under this contract from the first day on which <br /> work is performed in the classification. <br /> (2) Withholding. The Grantee shall upon its own action or upon written request of an authorized <br /> representative of the Department of Labor withhold or cause to be withheld from the contractor,under <br /> this Agreement or any other federal contract with the same Grantee or any other federally assigned <br /> contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime <br /> contrador,so much of the accrued payments or advances as may be considered necessary to pay <br /> laborers and mechanics,including apprentices,trainees,and helpers,employed by the contractor or <br /> any subcontrector the full amount of wages required by the contract. In the event ot failure to pay any <br /> laborer or mechanic,including any apprentice,�ainee,or helper,employed or working on the site of the <br /> work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the <br /> construction or development of the FTA assisted Project),all or part of the wages required by the <br /> State/Federa!Capital Grant PaSe 28 <br />