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25D - AGMT - PRE-PRELIMINARY ENGINEERING ANALYSIS
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25D - AGMT - PRE-PRELIMINARY ENGINEERING ANALYSIS
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Last modified
1/3/2012 3:42:09 PM
Creation date
7/28/2011 11:13:09 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25D
Date
8/1/2011
Destruction Year
2016
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CITY, who will in turn, report each violation as required to assure notification to FTA and the appropriate EPA <br />Regional Office. CONTRACTOR agrees to include this requirement in all of its subcontracts. <br />ARTCLE 23. LOBBYING <br />CONTRACTORs who apply or bid for an award of $100,000 or more shall file the certification <br />required by 49 CFR part 20, "New Restrictions on Lobbying". Each tier certifies to the above that it will not or <br />has not used Federal appropriated funds to pay any person or organization for influencing or attempting to <br />influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or <br />an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other <br />award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the <br />Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with <br />respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded <br />from tier to tier up to the recipient. <br />ARTICLE 24. DAVIS BACON <br />(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work <br />(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or <br />development of the project), will be paid unconditionally and not less often than once a week, and without <br />subsequent deduction or rebate on any account (except such payroll deductions as are permitted by <br />regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of <br />wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates <br />not less than those contained in the wage determination of the Secretary of Labor which is attached hereto <br />and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the <br />CONTRACTOR and such laborers and mechanics. <br />Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) <br />of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or <br />mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or <br />costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or <br />programs which cover the particular weekly period, are deemed to be constructively made or incurred during <br />such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits <br />on the wage determination for the classification of work actually performed, without regard to skill, except as <br />provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification <br />may be compensated at the rate specified for each classification for the time actually worked therein: <br />Provided, That the employer's payroll records accurately set forth the time spent in each classification in <br />which work is performed. The wage determination (including any additional classifications and wage rates <br />conformed under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at <br />all times by the CONTRACTOR and its SUBCONTRACTORS at the site of the work in a prominent and <br />accessible place where it can be easily seen by the workers. <br />(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, <br />which is not listed in the wage determination and which is to be employed under the contract shall be <br />classified in conformance with the wage determination. The contracting officershall approve an additional <br />classification and wage rate and fringe benefits therefore only when the following criteria have been met: <br />(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the <br />classification requested is not performed by a 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 relationship <br />to the wage rates contained in the wage determination; and <br />(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in <br />23 <br />2501-52
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