2400 33RD ST LABOR COMPLIANCE 2016-01-01 MF Import

quarterly) under plans, funds, or programs which cover the ,�articular weekly period, are deemed to be constructively made or incurred during such weekiy period. Such laborers and mechanics shall be paid the appropriate wage rate aec: fringe benefits on the wage determination for the classif;cation of work ac!uaily performed, without regard +.o skill, except as pruvided in ?.9 CFR Fart 5.5(a)(4;. Laborers or mechanics performing work in rnore than one classification may be cor.ipensated at the rate specified for each classification for the time actually �vorked therein, provided that the employers payroll records accurately s��t forth the time spent in each classification in which work is performed. The w,age determiiiation and the Uavis-Baccm poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the Site of tha Work in a prominent and accessible place where it can be easily seen by the workers. (ii) (A) The Resident Engineer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the Con6�act shall be classified in ccnforrnance with wage determination. The Resident Engineer shall approve an additionai classification and wage rate and fringe benefits therefore onfy when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The aroposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in ihe wage determination; and (4) Wiih respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. B. If Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and Sound Transit agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by Sound Transit to the Administrator of the 1Nage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise Sound Transit or wiil notify Sound Transit within the 30-day period that additional time is necessary. C. In ihe event Contractor, the laborers or mechanics to be employed in the classification or their representatives, and Sound Transit do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), Sound Transit shall refer the questions, including the views of all interested parties and the recommendation of Sound Transit, to the Administrator for determination. The Administrator, or an authorized representative, Capital Projecis Commuter Rail Labor Compliance Manual IFB No. RTA/CP 21-06 Everett Slalion Phase 2 4