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<br /> I 2. The classification is utilized in the area by the construction industry; and
<br /> 3. The proposed wage rate, including any bona fide fringe benefits, bears a
<br /> reasonable relationship to the wage rates contained in the wage
<br /> determination.
<br /> 8. If the contractor and the laborers and mechanics to be employed in the classification
<br /> (if known),or their representatives,and the contracting officer agree on the
<br /> classification and wage rate(including the amount designated for fringe 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. 2021.0. 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 /> classification or their representatives,and the contracting officer do not agree on the
<br /> propased cfassification and wage rate(including the amount designated for fringe �
<br /> benefits,where appropriate),the contracting o�cer 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 work 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 /> contractor, so much of the accrued payments or advances as may be considered necessary to pay
<br /> taborers and mechanics, including apprentices,trainees,and helpers,employed by the contractor or
<br /> any subcontractor the fuld amount of wages required by the contract. In the event of failure to pay any
<br /> laborer or mechanic,including any apprentice,trainee,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 /> contract, Grantee may, after written notice to the contractor,sponsor,applicant,or owner,take such
<br /> action as may be necessary to cause the suspension of any further payment,advance,or guarantee of
<br /> funds until such violations have ceased.
<br /> (3) Payrolls and Basic Records.
<br /> (i.) � Payrolls and basic records reiating thereto shall be maintained tay the contractor during the
<br /> course of the worlc and preserved for a period of thre�pears thereafter for all laborers and
<br /> mechanics warking�ttie site of the work(ar under the United States Housing Act of 1937,or
<br /> e�nder the Housing Aet of 1949,fn the construction o�development of the FTA assisted
<br /> Project). Such records shall contain the name, address,and social security number of each
<br /> worker, his or her correct classification, hourly rates of wages paid (including rates of
<br /> contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the
<br /> State/Federa!Capital Grant page 28
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