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25D - AGMT - PRE-PRELIMINARY ENGINEERING ANALYSIS
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25D - AGMT - PRE-PRELIMINARY ENGINEERING ANALYSIS
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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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accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State <br />Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the <br />CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined <br />rate for the work performed until an acceptable program is approved. <br />(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than <br />the predetermined rate for the work performed unless they are employed pursuant to and individually <br />registered in a program which has received prior approval, evidenced by formal certification by the U.S. <br />Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the <br />job site shall not be greater than permitted under the plan approved by the Employment and Training <br />Administration. Every trainee must be paid at not less than the rate specified in the approved program for the <br />trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the <br />applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the <br />trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full <br />amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour <br />Division determines that there is an apprenticeship program associated with the corresponding journeyman <br />wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any <br />employee listed on the payroll at a trainee rate who is not registered and participating in a training plan <br />approved by the Employment and Training Administration shall be paid not less than the applicable wage <br />rate on the wage determination for the classification of work actually performed. In addition, any trainee <br />performing work on the job site in excess of the ratio permitted under the registered program shall be paid not <br />less than the applicable wage rate on the wage determination for the work actually performed. In the event <br />the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR <br />will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work <br />performed until an acceptable program is approved. <br />(iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under <br />this part shall be in conformity with the equal employment opportunity requirements of Executive Order <br />11246, as amended, and 29 CFR part 30. <br />(5) Compliance with Copeland Act requirements - The CONTRACTOR shall comply with the <br />requirements of 29 CFR part 3, which are incorporated by reference in this contract. <br />(6) Subcontracts - The CONTRACTOR or SUBCONTRACTOR shall insert in any subcontracts the <br />clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit <br />Administration may by appropriate instructions require, and also a clause requiring the SUBCONTRACTORS <br />to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for <br />the compliance by any SUBCONTRACTOR or lower tier SUBCONTRACTOR with all the contract clauses in <br />29 CFR 5.5. <br />(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be <br />grounds for termination of the contract, and for debarment as a CONTRACTOR and a SUBCONTRACTOR <br />as provided in 29 CFR 5.12. <br />(8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of <br />the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by <br />reference in this contract. <br />(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of <br />this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be <br />resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. <br />Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its <br />SUBCONTRACTORS) and the contracting agency, the U.S. Department of Labor, or the employees or their <br />representatives. <br />(10) Certification of eligibility - (i) By entering into this contract, the CONTRACTOR certifies that <br />neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person <br />or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 <br />27 <br />25D-56
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