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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 />VA be required n collect and mpori training data. The
<br />employment data should reflect he work farce on board during
<br />at or any pat of the last paymd period precedig the end of
<br />July.
<br />IN. NONSEGREGATED FACILITIES
<br />This prmvWm is applicable to el Federal -aid construction
<br />contracts and to an related ounsbuctionsubcocractsof
<br />$10,000 or more.
<br />The contractor must insure that fad Mies provided lor
<br />employees are provided in wcb a manner that segregation on
<br />he basis of mce, color, m➢gien, sex, or national origin cannot
<br />resin. The contractor may nether require such segregated
<br />use by written or oral policies nor tolerate such use by
<br />employee custom The cantmcofs obligation extends further
<br />to ensure that its employees are not assigned to perform their
<br />services at any location, under the contractor's control, where
<br />thefad'iies are segregated. The ten 'fadMles' includes
<br />waiting nonce, work areas, restaurants and other using areas,
<br />lime clocks, resbooms, washrooms, locker roams, and other
<br />storage or dressing areas, parking lots, drinking fomtans.
<br />recreation or entertainment areas, transportation, and housing
<br />provided for employees. The contractor shell provide separate
<br />orsingle-user mshooms and necessary dressing a sleeping
<br />areas loassum privacy between sexes.
<br />IV. DAVIS-DACON AND RELATED ACT PROVISIONS
<br />Thffi section is oppgcade to at Fedam4ed construction
<br />projects exceeding $2,000 and to at related subcontracts and
<br />lower-tiersubconlmcts(regardlossofsubcontract size). The
<br />requirements apply to a projects located within the dgh4d.
<br />vary of roadway that is funclmaly classified as Federal -aid
<br />highway. This excludes roadways functionally classified as
<br />local mad$ or rural minorco➢eclors, which are exempt.
<br />Contracting agencies may elect to apply these requirements to
<br />other projects.
<br />The following provisions are from he U.S. Deportnent of
<br />Labor regulations 11129 CFR 6.5 tontaet can ivls(ms and
<br />related matters' with minor revisions le eonformto the FIiWA-
<br />1273 formal and FHWA program requirements.
<br />1. Minimum wages
<br />a. AM laborers and mechanics employed or working upon
<br />the site of the work wil be paid unconditionally and not less
<br />often than once a week, and without subsequent deduction or
<br />rebate on any account (except such payroll deductions as am
<br />pernitted by regulations issued by the Secretary of Label
<br />under the Copeland Ad (29 CFR pail 3)), the full amount of
<br />wages and bona We fringe benefits (or cash equivalents
<br />thereof) due at time of payment computed at miss not less
<br />than those contained in the wage determnitim of he
<br />Secretary of Labor which is attached hereto and made a part
<br />fiereof, regardless of any contractual relationship which may
<br />be alleged to exist between the contractor and such laborers
<br />and mechanics.
<br />Contributions made or costs reasonably anticipated for bona
<br />fde fringe benefits under section 1(b)(2) of the Davis -Bacon
<br />Act on behalf of laborers wmechanics am considered wages
<br />paid to such laborers a mechanics, subject to he provisions
<br />of paragraph 1.d. of this secliorx also, regular contributions
<br />made orcosts incurred for more than a meldy period (but not
<br />Ism often than quarlary) under plans, funds, or programs
<br />which cover the particular moldy period, are deemed to be
<br />constructively made orircurred during such weekly period.
<br />Such labomm and mechanics shag be paid the appropriate
<br />wage rate and fringe benefits on the wage determination for
<br />he dassihicafwn of work actually performed, w ODul regard to
<br />skill, except as provided in 29 CFR 5.5(ax4). Laborers or
<br />mechanics performing work in more rian one classification
<br />may be compensated at he rate specified for each
<br />classification for the time actually worked thamin: Provided,
<br />That the employa's payroll records accurately sot forth he
<br />time spent in each dassiication lnwhidn work is parfonned.
<br />The wage daterninalion pnduding any additional classification
<br />and wage rates conformed under pamgraph 1.b. of this
<br />saet'on)and the Davis -Eaton poster (WH-1321) shag be
<br />posted at at lines by the contractor and its subcontracbrs at
<br />the silo of the walk in a prominent and accessible place where
<br />4 can be easily seen by the workers,
<br />b.(1) The contracting oficer shot require that any class of
<br />labomm or mectimim ind Wing hdpers, which is not fisledin
<br />Ifie wage determination and which is to be employed under he
<br />contract shag be classified in conformance with the wage
<br />determination. The contracting oficer shag approve an
<br />additional classification and wage mle and fringe benefits
<br />therefore only when the following criteria have been met:
<br />p) The work to be performed by the ctassificaim
<br />requested is not performed by a classifcation in the wage
<br />detemmnation: and
<br />(i) The classification is utRzed in he area by the
<br />construction ndusby, and
<br />(III) The proposed wage rate, inducing any bona fide
<br />fringe benells, beam reasonable relationship to the
<br />wage rates contained in the wage determination
<br />(2) If the contractor and the laborers and mechanics to be
<br />employed in the classification (t known), or their
<br />representatives, and he contracting officer agree on he
<br />dassifk:abon and wag role (ndu ding the amount
<br />designated for fringe benefits where appropriate), a report of
<br />he action taken stag be sent by he corimdig officer to the
<br />Administrator of the Wage and HourOrvision, Employment
<br />Standards Adniustmtion, U.S. Department of Labor,
<br />Washington, DC 2021Q The Administrator, oran adhorized
<br />representative, will approve, mody. or disapprove every
<br />additional classification action within 30 days of recept and
<br />so advise the contracting officer or wit notify the contracting
<br />officer within he 30-day period that additional lime is
<br />necessary.
<br />(3) In the event the contractor, the laborers or mechanics
<br />to be employed in the classification or their representatives,
<br />and the contracting of icer do not agree on he Proposed
<br />clawdication and wage role (including the amount
<br />designated for fringe benefits, whom appropriate), he
<br />contracting office shag refer the questions, including he
<br />views of all interested parties and he mcommendatlon of the
<br />contracting officer, to the Wage and Hour Adm'idsimbr for
<br />determination. The Wage and flourAdmnistmlor, a an
<br />ouhonzed representative, YA lssue a defern'ndton within
<br />30 days of receipt and so advise the contracting dicer or
<br />P-22 of P-52
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