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25D - AGMT ON-GOING CITY-WIDE CAMERA SYSTEM PROJECTS AND MAINTENANCE
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25D - AGMT ON-GOING CITY-WIDE CAMERA SYSTEM PROJECTS AND MAINTENANCE
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10/12/2017 8:20:07 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
25D
Date
10/17/2017
Destruction Year
2022
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Exhibit G - MSA with Siemens <br />U.S. Department of Housing <br />Federal Labor Standards Provisions and Urban Development <br />Office of Labor Relations <br />Applicability <br />The Project or Program to which the construction work <br />covered by this contract pertains Is being assisted by the <br />United States of America and the following Federal Labor <br />Standards Provisions are included in this Contract <br />pursuant to the provisions applicable to such Federal <br />assistance. <br />A. 1. (1) Minimum Wages. All laborers and mechanics <br />employed or working upon the site of the work, will be paid <br />unconditionally and not less often than once a week, and <br />without subsequent deduction or rebate on any account <br />(except such payroll deductions as are permitted by <br />regulations Issued by the Secretary of Labor under the <br />Copeland Act (29 CFR Part 3), the full amount of wages <br />and bona fide fringe benefits (or cash equivalents thereof) <br />due at time of payment computed at rates not less than <br />those contained in the wage determination of the <br />Secretary of Labor which is attached hereto and made 'a <br />part hereof, regardless of any contractual relationship <br />which may be alleged to exist between the contractor and <br />such laborers and mechanics. Contributions made or <br />costs reasonably anticipated for bona fide fringe benefits <br />under Section 1(b)(2) of the Davis -Bacon Act on behalf of <br />laborers or mechanics are considered wages paid to such <br />laborers or mechanics, subject to the provisions of 29 CFR <br />5.5(a)(1)(iv); also, regular contributions made or casts <br />Incurred for more than a weekly period (but not less often <br />than quarterly) under plans, funds, or programs, which <br />cover the particular weekly period, are deemed to be <br />constructively made or Incurred during such weekly period. <br />Such laborers and mechanics shall be paid the appropriate <br />wage rate and fringe benefits on the wage determination <br />for the classification of work actually performed, without <br />regard to skill, except as provided in 29 CFR 5.5(a)(4). <br />Laborers or mechanics performing work in more than one <br />classification may be compensated at the rate specified for <br />each classification for the time actually worked therein: <br />Provided, That the employer's payroll records accurately <br />set forth the time spent in each classification In which <br />work Is performed. The wage determination (including any <br />additional classification and wage rates conformed under <br />29 CFR 5.5(a)(1)(II) and the Davis -Bacon poster (WH - <br />1321) shall be posted at all times by the contractor and Its <br />subcontractors at the site of the work In a prominent and <br />accessible, place where it can be easily seen by the <br />workers. <br />(it) (a) Any class of laborers or mechanics which Is not <br />listed In the wage determination and which is to be <br />employed under the contract shall be classified In <br />conformance with the wage determination. HUD shall <br />approve an additional classification and wage rate and <br />fringe benefits therefor only when the following criteria <br />have been met: <br />(1) The work to be performed by the classification <br />requested Is not performed by a classification in the wage <br />determination; and <br />(2) The classification Is utilized In the area by the <br />construction industry; and <br />(3) The proposed wage rate, including any bona fide <br />fringe benefits, bears a reasonable relationship to the <br />wage rates contained in the wage determination. <br />(b) If the contractor and the laborers and mechanics to be <br />employed in the classification (if known), or their <br />representatives, and HUD or Its designee agree on the <br />classification and wage rate (including the amount <br />designated for fringe benefits where appropriate), a report <br />of the action taken shall be sent by HUD or its designee to <br />the Administrator of the Wage and Hour Division, <br />Employment Standards Administration, U.S. Department of <br />Labor, Washington, D.C. 20210. The Administrator, or an <br />authorized representative, will approve, modify, or <br />disapprove every additional classification action within 30 <br />days of receipt and so advise HUD or its designee or will <br />notify HUD or Its designee within the 30 -day period that <br />additional time is necessary. (Approved by the Office of <br />Management and Budget under OMB control number 1215- <br />0140.) <br />(c) In the event the contractor, the laborers or mechanics <br />to be employed in the classification or their <br />representatives, and HUD or Its designee do not agree on <br />the proposed classification and wage rate (including the <br />amount designated for fringe benefits, where appropriate), <br />HUD or Its designee shall refer the questions, including <br />the views of all interested parties and the recommendation <br />of HUD or Its designee, to the Administrator for <br />determination. The Administrator, or an authorized <br />representative, will issue a determination within 30 days of <br />receipt and so advise HUD or Its designee or will notify <br />HUD or Its designee within the 30 -day period that <br />additional time Is necessary. (Approved by the Office .of <br />Management and Budget under OMB Control Number <br />1215-13140.) <br />(d) The wage rate (including fringe benefits where <br />appropriate) determined pursuant to subparagraphs <br />(1)(I1)(b) or (c) of this paragraph, shall be paid to all <br />workers performing work in the classification under this <br />contract from the first day on which work is performed in <br />the classification. <br />(Iii) Whenever the minimum wage rate prescribed In the <br />contract for a class of laborers or mechanics Includes a <br />fringe benefit which is not expressed as an hourly rate, the <br />contractor shall either pay the benefit as stated in the <br />wage determination or shall pay another bona fide fringe <br />benefit or an hourly cash equivalent thereof. <br />(iv) If the contractor does not make payments to a trustee <br />or other third person, the contractor may consider as part <br />form HUD -4010 (0612009) <br />Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1 <br />25D-61 <br />
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