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DocuSign Envelope ID:3EC52891-FE1A-4181-9C9B-6ADF674328A7 <br /> MTC/City of Pleasanton <br /> Innovative Deployments to Enhance Arterials(IDEA)Category 1 <br /> Page 18 <br /> Bacon poster(WH-1321) shall be posted at all times by the contractor and its subcontractors at <br /> the site of the work in a prominent and accessible place where it can be easily seen by the <br /> workers. <br /> (ii)(A) The contracting officer 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 <br /> contract shall be classified in conformance with the wage determination. The contracting officer <br /> shall approve an additional classification and wage rate and fringe benefits therefore only when <br /> the following criteria have been met: <br /> ( 1 )The work to be performed by the classification requested is not performed by a <br /> classification in the wage 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 <br /> relationship to the wage rates contained in the wage determination. <br /> (B) If the contractor and the laborers and mechanics to be employed in the classification(if <br /> known),or their representatives, and the contracting officer agree on the classification and wage <br /> rate(including the amount designated for fringe benefits where appropriate), a report of the <br /> action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour <br /> Division, Employment Standards Administration, U.S. Department of Labor, Washington,DC <br /> 20210. The Administrator, or an authorized representative,will approve, modify, or disapprove <br /> every additional classification action within 30 days of receipt and so advise the contracting <br /> officer or will notify the contracting officer 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 <br /> their representatives,and the contracting officer do not agree on the proposed classification and <br /> wage rate (including the amount designated for fringe benefits,where appropriate),the <br /> contracting officer shall refer the questions, including the views of all interested parties and the <br /> recommendation of the contracting officer,to the Administrator for determination. The <br /> Administrator,or an authorized representative,will issue a determination within 30 days of <br /> receipt and so advise the contracting officer or will notify the contracting officer within the 30- <br /> day period that additional time is necessary. <br /> (D)The wage rate(including fringe benefits where appropriate)determined pursuant to <br /> paragraphs (a)(1)(ii) (B)or(C)of this section, shall be paid to all workers performing work in <br /> the classification under this contract from the first day on which work is performed in the <br /> classification. <br /> (iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or <br /> mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor shall <br /> either pay the benefit as stated in the wage determination or shall pay another bona fide fringe <br /> benefit or an hourly cash equivalent thereof. <br /> (iv)If the contractor does not make payments to a trustee or other third person,the contractor <br /> may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably <br /> anticipated in providing bona fide fringe benefits under a plan or program,Provided, That the <br /> Secretary of Labor has found,upon the written request of the contractor,that the applicable <br /> standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the <br /> contractor to set aside in a separate account assets for the meeting of obligations under the plan <br /> or program. <br />