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b. Program Manager shall require that each Contractor and subcontractor under <br />him, pay not less than the said specified rates to all laborers, workmen, and <br />mechanics employed in the execution of the Agreement. <br />c. In case it becomes necessary for Program Manager, or any Contractor to <br />employ on the Project any person in a trade or occupation (except executives, <br />supervisory, administrative, clerical, or other non -manual workers as such) for <br />which no minimum wage rate is herein specified, such Program Manager shall <br />assure that such party shall immediately notify the City who will promptly <br />thereafter determine the prevailing rate for such additional trade or occupation <br />and shall furnish such party with the minimum rate based thereon. The minimum <br />rate thus furnished shall be applicable as a minimum for such trade or occupation <br />from the time of the initial employment of the person affected and during the <br />continuance <br />d. The City will not recognize any claim for additional compensation because of <br />the payment by any party of any wage rate in excess of the prevailing wage rate <br />set forth as provided herein. <br />11.3.2 - Wage Rates — PROJECT 3 <br />DAVIS BACON ACT <br />All laborers and mechanics employed by contractors or subcontractors in the <br />performance of construction work, including alterations and repairs, in excess of <br />$2,000.00, financed in whole or in part with federal funds shall be paid wages at <br />rates not less than those prevailing on similar construction in the locality as <br />determined in accordance with the Davis -Bacon Act, as amended, 40 U.S.C. <br />sections 276a - 276a-5. Any such construction contract shall include and comply <br />with the required contract provisions and rules set forth in 29 C.F.R. §5.5. <br />Further, the payroll reports (along with the "Statement of Compliance") and basic <br />records are required to be maintained and submitted, or made available, pursuant <br />to 29 C.F.R. §5.5(a)(3). No payment, advance, grant, loan or guarantee of funds <br />shall be approved by the federal agency unless there is on file with the agency a <br />certification by the contractor that the contractor and its subcontractors have <br />complied with the provisions of 29 C.F.R. §5.5. A breach of the contract clauses <br />in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for <br />debarment as a contractor/subcontractor, as provided in 29 C.F.R. §5.12. Labor <br />standards interviews/investigations shall be made as necessary to assure <br />compliance [29 C.F.R. §5.6(a)(3)]. <br />// <br />