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CITY OF SANTA ANA
<br />PROPOSAL
<br />PROJECT NO.: 17-6897
<br />FLOWER STREET BIKEWAY
<br />FEDERAL PROJECT NO: HSIPL 5063 (187)
<br />will to required b coloe and report training data. The
<br />ernpleymantdata should raged the wok face on baaN during
<br />all or any pat of the last payrol period preceding the and of
<br />July.
<br />IN. NONSEGREGATED FACILITIES
<br />This pmrrsion is applicable to all FederaFaid conslruetian
<br />co tractsand tool related constuctinn suhcorlractsof
<br />$10,000 or nora.
<br />The conteactormust ensure that facilities provided far
<br />emp loyees a re provided i n such a manner that segregation on
<br />the basis of race, co.'or, religion, sex,crrational origin cannot
<br />result. The contractor may nether require such segregated
<br />use by written or oral policies nortdlarata such use by
<br />amp bye custom. The cuntrador's od gaion extends further
<br />to ensure that its a mp bye as a re not assign ad to pafform the it
<br />servicw at any bcatio n, under the contractor's coninal, wbam
<br />the facil lies are segegaled. The to rm'fackies' includes
<br />waiting rooms, work areas, restaurants and oth or oaing areas,
<br />tuna clocks, restfvoms, washrooms, locicor rooms, and other
<br />slonaga ordressirg areas, pa flung lots, dfinkN fountains,
<br />mcmatbn a ante ria kimoft amas, Imusportaton, and housing
<br />provided for employees. The contactor shall provide separate
<br />or singde-user rastmbms and flee owsry dressing or sleeping
<br />areas to assure prwacy batwean sexes.
<br />IV. DAVI&BACON AND RELATED ACT PRDYISI DNS
<br />This section its ap ricable to al Fedaml-aid construction
<br />prcj acts exceeding S2,000 and to all related su bcontracis and
<br />lower-1 a su bconbaets(reg:rd less of su boo nima sze). The
<br />feq u ire m ants apply toaIf projects boated within the right -of -
<br />my of a roadway that is func6waiy Cass ihod as Fedemi-aid
<br />highway. This excludes roadways functonally dassRed as
<br />loco'. roads or Tura I m ino r co II actors, w h is h are exempt.
<br />Conl mcting agencies may elect to apply these requirements to
<br />oth or projects.
<br />The (al owing provisions are frurn fie V.S. Deparinant of
<br />Labor regulations In 29 C FR 5.5 'Contract prov istons and
<br />related matters' with minor rembiaes to conform to the FMNA-
<br />1273 format and F'-PNA program mqu ire nits.
<br />1.. Minimum wages
<br />a. An laborers and machan ics amptoyad a working upon
<br />the site of the work will be paid unconditionally and not less
<br />often than once a week, and without subsequent deduction or
<br />rebate on any accent (except such payroll deduetinns as am
<br />pacmated by reguatb ns issued by the Sea elary of Latwr
<br />radon the Copeland Act (29 CFR part 3)), the full amount of
<br />wages and bona f:da fr nga banefits (or cash equivalents
<br />ttermf) due at li m a of paym a nt comp used at rates not less
<br />than thine cants in ad in the wage data rm ination of the
<br />Secretary of Labor which is attached hereto and made a part
<br />haad, regard lass of any co ntrectuaI re atonship which may
<br />be alleged to exist between the contractor and such 'a boyars
<br />and mechanics.
<br />Contributions mad or costs reasonably anticipated for bore
<br />Ida frirga benefits under section 1(b)(2) of tha Davis •Bacon
<br />Act on bahalf of labor rs or mecho n ics are consdared wages
<br />paid to such abomrs ormache fl cs, subjed to the prom ors
<br />of paragraph 1 A. of this sactiort also, regular coninbutiers
<br />made orcosts incurrad farmore than a weekly period (but not
<br />less oflen than quarterly) under plans, funds, orprograns
<br />which cover the pa Acubrweekly• period, are deemed toba
<br />constructively made or incurred during such weedy period.
<br />Such a bo re rs and m echo n os shall be Dad the appropriate
<br />wage rate and Fringe beaefls on the wage determinaton for
<br />the classification of work acbaiy parformed, without regard to
<br />skl I, except as provid ed in 29 C FR 5.5(a K4 ). Labo re rs or
<br />mechanics perfo muting wcrh in more than one classdcato5
<br />may b e comp ansaled at the rate so ecfeed for each
<br />dawification for the time actua ly wo rk ad th a re in: Provided,
<br />That the empayer's payroll records accurately setforth the
<br />time spent in eac h classltcatb n inwh ich war rk ispe fo min ad.
<br />The wage datemin in"on ¢nc'ud ing any additional classmicaton
<br />and wag a rates cortorm ad under paragraph l.b. of th is
<br />sedan) and the Davis -Bacon poster (W H -1321) shall b e
<br />posted at all times by the contractor and its subconiracbrs at
<br />the sib of the work in a pro min en and aceessihde place whore
<br />it can be early saaa by the war r ke rs.
<br />b. (1) The contracting ofcer sha II require that any class of
<br />laborers or mechanics, including helpers, whchs noVistedin
<br />the wage d ete ran i nation and w h ich is to b e e mploy ad u nd er lee
<br />contract shag be classified n confo mfance with the wage
<br />deter m inalan. The contmcling officer shad appeova an
<br />addlonal cbssificaton and wage rats and fringe, bereruts
<br />therefore only when the following criteria have been met:
<br />li) The wok to be performed by the clasaificaim
<br />requested is not performed by a classification in the wage
<br />detemrinahm; and
<br />(ii) Tha dassficstiae a utilzed in the area by the
<br />cfnstiuctim indusirf. and
<br />[ii) The proposed wage rate, including any ions fide
<br />fringe berreits, blears masoreb'e relatanshp tothe
<br />wage rates contained in the wage determinatan
<br />(2) If the corm factor and th a lahomrs and meetenies to be
<br />employed in the dassifcatbn [d known), ortteedr
<br />representatives, and the contracting offcar agree on the
<br />dassIcalon and wage rate [including the aneurt
<br />designated for fringe benefits wham appoprtate), a repro of
<br />the action taken sieall be sent by the contracting officer totha
<br />Adminisdralorof the Wage and Hour Division, Employment
<br />Standards Ac minatratbn, V.S. Department of Labor,
<br />Washington, DC 20210. The Adi n strator, or an aulhonzed
<br />mpresenativa, willapprove, modily,ordsappmve every
<br />addionaI clawil'"tion action within 36 days of race pt and
<br />soadvise the contractng officer orwill notify the contracting
<br />olficar wdfh in tha 30•day period that add itb nal li me is
<br />necessary.
<br />(a) In the eventthe contractor, the laborers or mediancs
<br />to be empbyed in tha classificaton or tit a it rep rose natives,
<br />and the contracting othcer do not agree on the proposed
<br />cassif Caton and mg rae (Ind uding tha amount
<br />designated (afrirge benefits, where appropriate), the
<br />co nracting of car she refer the questbns indudrng the
<br />views of ai l interested pa rties a rid In a recomme, ndalion of the
<br />contmcti ng officer, to the Wege and Hour Adm inistra or for
<br />detemin i nation. Tba Wage and -bu i Ad m in istrato r, a an
<br />authorized represontaliva, vWl Issue a determination within
<br />30 days of rocedpt and so advise tha contracting officer or
<br />r
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