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Subrecipients may obtain wage determinations from the U.S. Department of Labor's web <br />site, www.dol.gov. <br />(ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or <br />mechanics, including helpers, which is not listed in the wage determination and which is to <br />be employed under the contract shall be classified in conformance with the wage <br />determination. The State award official shall approve a request for an additional <br />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 <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 subrecipient(s) agree on the classification and <br />wage rate (including the amount designated for fringe benefits where appropriate), <br />documentation of the action taken and the request, including the local wage determination <br />shall be sent by the subrecipient (s) to the State award official. The State award official will <br />transmit the request, 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 <br />DB Regional Coordinator concurrently. The Administrator, or an authorized representative, <br />will approve, modify, or disapprove every additional classification request within 30 days <br />of receipt and so advise the State award official or will notify the State award official within <br />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 <br />classification or their representatives, and the subrecipient(s) do not agree on the <br />proposed classification and wage rate (including the amount designated for fringe benefits, <br />where appropriate), the award official shall refer the request and the local wage <br />determination, including the views of all interested parties and the recommendation of the <br />State award official, to the Administrator for determination. The request shall be sent to the <br />EPA DB Regional Coordinator concurrently. The Administrator, or an authorized <br />representative, will issue a determination within 30 days of receipt of the request and so <br />advise the contracting officer or will notify the contracting officer within the 30 -day period <br />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 <br />in the classification under this contract from the first day on which work is performed in <br />the classification. <br />TWDB Commitment No, L1000600 <br />Exhibit D, Page 2 of 10 <br />