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during such weekly period.Such laborers and mechanics shall be paid the appropriate wage rate and fringe <br /> benefits on the wage determination for the classification of work actually performed,without regard to skill, <br /> except as provided in§5.5(a)(4). Laborers or mechanics performing work in more than one classification <br /> may be compensated at the rate specified for each classification for the time actually worked therein: <br /> Provided that the employer's payroll records accurately set forth the time spent in each classification in <br /> which work is performed.The wage determination(including any additional classification and wage rates <br /> conformed under paragraph(a)(1)(ii)of this section)and the Davis-Bacon poster(WH-1321)shall be posted <br /> at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible <br /> place where it can be easily seen by the workers. <br /> Sub recipients may obtain wage determinations from the U.S. Department of Labors web site, <br /> www.dol.gov. <br /> (ii)(A)The sub recipient(s),on behalf of EPA,shall require that any class of laborers or mechanics,including <br /> helpers,which is not listed in the wage determination and which is to be employed under the contract shall <br /> be classified in conformance with the wage determination.The State award official shall approve a request <br /> for an additional classification and wage rate and fringe benefits therefore only when the following criteria <br /> have been met: <br /> (1)The work to be performed by the classification requested is not performed by a classification in the wage <br /> determination;and <br /> (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 reasonable relationship to the <br /> wage rates contained in the wage determination. <br /> (B)If the contractor and the laborers and mechanics to be employed in the classification(if known),or their <br /> representatives,and the sub recipient(s)agree on the classification and wage rate(including the amount <br /> designated for fringe benefits where appropriate), documentation of the action taken and the request, <br /> including the local wage determination shall be sent by the sub recipient(s)to the State award official.The <br /> State award official will transmit the request, to the Administrator of the Wage and Hour Division, <br /> Employment Standards Administration,U.S.Department of Labor,Washington,DC 20210 and to the EPA <br /> DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will approve, <br /> modify, or disapprove every additional classification request within 30 days of receipt and so advise the <br /> State award official or will notify the State award official within the 30-day period that additional time is <br /> necessary. <br /> (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their <br /> representatives, and the sub recipient(s) do not agree on the proposed classification and wage rate <br /> (including the amount designated for fringe benefits,where appropriate),the award official shall refer the <br /> request and the local wage determination, including the views of all interested parties and the <br /> recommendation of the State award official, to the Administrator for determination.The request shall be <br /> sent to the EPA DB Regional Coordinator concurrently.The Administrator,or an authorized representative, <br /> will issue a determination within 30 days of receipt of the request and so advise the contracting officer or <br /> will notify the contracting officer within the 30-day period that additional time is necessary. <br /> (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs <br /> (a)(1)(ii)(B)or(C)of this section,shall be paid to all workers performing work in the classification under this <br /> contract from the first day on which work is performed in the classification. <br /> (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics <br /> includes a fringe benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit <br /> as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash <br /> equivalent thereof. <br /> D-14 <br />