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2024-09-01
CITY-OF-BATESVILLE
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2024-09-01
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Sub recipients may obtain wage determinations from the U.S. Department of Labor's 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 report,to the Administrator of the Wage and Hour Division,Employment <br /> Standards Administration,U.S.Department of Labor,Washington,DC 20210 and to the EPA DB Regional <br /> Coordinator concurrently. The Administrator, or an authorized representative, will approve, modify, or <br /> disapprove every additional classification request within 30 days of receipt and so advise the State award <br /> official or will notify the State award official within the 30-day period that additional time is necessary. <br /> (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their <br /> representatives,and the 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 Regional Coordinator concurrently.The Administrator,or an authorized representative,will <br /> issue a determination within 30 days of receipt of the request and so advise the contracting officer or will <br /> 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 /> (iv)If the contractor does not make payments to a trustee or other third person,the contractor may consider <br /> as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing <br /> bona fide fringe benefits under a plan or program, Provided,That the Secretary of Labor has found,upon <br /> the written request of the contractor,that the applicable standards of the Davis-Bacon Act have been met. <br /> The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting <br /> of obligations under the plan or program. <br /> (2)Withholding.The sub recipient(s)shall upon written request of the EPA Award Official or an authorized <br /> representative of the Department of Labor,withhold or cause to be withheld from the contractor under this <br /> contract or any other Federal contract with the same prime contractor, or any other federally-assisted <br /> D-22 <br />
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