2023/02/22 Council Agenda Packet

DocuSign Envelope ID: B5D09699-93D5-443A-8F32-39E899011FB3 10. PREVAILING WAGE AND ANTI -KICKBACK For all prime construction, alteration, or repair contracts in excess of $2,000 awarded by the City, the Contractor shall comply with the Davis -Bacon Act and the Copeland "Anti -Kickback" Act. Contractor must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. §§ 3141— 3144 and 3146 — 3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction." The Contractor shall also comply with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States." The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which they are otherwise entitled. A. Compliance with the Davis -Bacon Act, as amended (40 U.S.C. §§ 3141— 3148). 1) The Contractor shall comply with the Davis -Bacon Act (40 U.S.C. §§ 3141— 3144 and 3146 — 3148) and the requirements of 29 C.F.R. Part 5 as may be applicable, which are incorporated by reference into this contract. 2) In accordance with the statute, Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. 3) Additionally, Contractors are required to pay wages not less than once a week. B. Compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145). 1) The Contractor shall comply with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145) and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. 2) The Contractor or subcontractor shall insert in any subcontracts the clause above and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 3) In accordance with the statute, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti -Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven (7) days after the regular payment date of the payroll period, to a representative of the City in charge at the site of the building or work. 11. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT For all contracts in excess of $100,000 that involve the employment of mechanics or laborers, must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer based on a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working Page 11 of 24