of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona f ide fringe benefits under a plan or program, Provided, Th at the Secretary of Labor has found, upon the written request of the
contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account asset for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
2. Withholding. HUD or its designee shall upon its own
action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally - assisted contract subject to Davis - Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wag es required by the contract In the event of failure to pay any laborer or mechanic, including any
apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after
written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The
Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts.
3. (i) Payrolls and basic records. Payrolls and basic
records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name,
address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona f ide fringe benefits or cash equivalents thereof of the types described in Section l (b)(2 )(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5. 5 (a)(1 )(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in Section l (b)(2 )(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215 -0140 and 1215 - 0017.)
(ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee.
The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR
5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e. g., the last four digits of the employee’ s social security number). The
required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division
Web site at h t p : / / www . d o l . g o v / e s a / w h d / f o r m s / w h 3 4 7 in s t r . h t m or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall
maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee i f the agency is a party to the contract, but i f the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the
contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission
to HUD or its designee. (Approved by the Office of
Management and Budget under OMB Control Number 1215 -
0149.)
(b) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5. 5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR
5. 5(a)(3)(i), and that such information is correct and complete;
Previous editions are obsolete form HUD-4010 (06/2009)
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
(c) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph A. 3. (i i )( b).
(d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. I f the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. . Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and
individually registered in a bona f ide apprenticeship
program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the
Office, or i f a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency ( where
appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who
is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman’ s hourly rate) specified in the contractor’ s or subcontractor’ s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. I f the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable
classification. I f the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) i ) Trainees. Except as provided in 29 CFR 5 . 16
,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ‘ , to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’ s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. I f the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the W age and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by
Previous editions are obsolete form HUD-4010 (06/2009)
the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered prog ram shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the
event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract
6. . Subcontracts. The contractor or subcontractor
will insert in any subcontracts the clauses contained
in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also 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 the contract clauses in this paragraph.
7 . C o n t r a c t t e r m i n a t i o n ; d e b a r m e n t . A b r e a c h o f t h e c o n t r a c t c l a u s es i n 2 9 C FR 5 . 5 m a y b e g r o u n d s f o r termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5. 12.
8. Compliance with Davis-Bacon and Related Act
Requirements. All rulings and interpretations of the DavisBacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract
9. Disputes concerning labor standards. Disputes
arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor ( or any of its subcontractors) and HUD or its designee, the U. S.
Department of Labor, or the employees or their
representatives.
10. . ( i ) Certification of Eligibility. By entering int o this contract the contract or certifies that neither it ( nor he or she) nor any pers on or fi rm who has an interest in the contract or’ s firm is a pers on or firm ineligible to be awarded Government contracts by virtue of Sec t ion 3 ( a) of the Davis - Bac on Act or 29 CFR 5 . 12 ( a)( 1 ) or to be awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
(ii) ) No part of this contract shall be subcontracted to any person or f i rm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5. 12(a)(1) or to be awarded HUD contracts or
participate in HUD programs pursuant to 24 CFR Part 24. (iii) i ) The penalty for making false statements is prescribe d in the U.S. Criminal Code, 18 U.S. C. 1001. Additionally, U.
S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,
“Federal Housing Administration transactions”, provides in part: “Whoever, for the purpose of . . . influencing in any way the action of such Administration makes, utters or
publishes any statement knowing the same to be false shall be fined not more than $5,000 or imprisoned not more than two years, or both.”
11. Complaints, Proceedings, or Testimony by
Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has f i led any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his
employer.
B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $ 25 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph.
Previous editions are obsolete form HUD-4010 (06/2009)
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any l i abilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contract or or subcontractor
shall insert in any subcontracts the clauses set forth in subparagraph ( 1 ) through ( 4 ) of this paragraph and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through ( 4) of this paragraph.
C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91 -54, 83 Stat 96). 4 0 U S C 3 7 0 1 e t s e q . (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
Informational Items 8
March 17, 2022
Patricia Krause, City Clerk / Assistant to the City Manager City Council Staff Report
Informational Items.
SUMMARY:
Items included in this section provide City Council with updates on business not requiring a full report.
FISCAL IMPACT:
N/A
ANALYSIS:
All items under this category are considered for informational purpose only.
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
N/A
ATTACHMENTS:
8a: City Project List
Streets
Name Owner Priority Estimated Cost Update
Yosemite Ave. Pedestrian Project (CalTrans) Michael Pitcock Lonnie Statzer High $6 Million Caltrans is lead agency
I, H & G Streets Rehabilitation Michael Pitcock
Lonnie Statzer Medium $750,000 (Measure L) Postponed until 2022/23 2022 Slurry and Cape Seals Michael Pitcock
Lonnie Statzer High $500,000 Scheduled for Summer 2022
Housing Development
Name Owner Priority Estimated Cost Update
Pecan / Pasadena Subdivision Michael Pitcock High NA Homes in Construction.
Bentley Estates Michael Pitcock High NA Tentative Map Approved Economic Development
Name Owner Priority Estimated Cost Update
F St and Yosemite Redevelopment (Burned Building) Michael Pitcock High N/A Received application for a Fuel Station/Convienence Store
Facilities / Property
Name Owner Priority Estimated Cost Update
ADA Transition Plan Implementation Lonnie Statzer Low Unfunded Ongoing 109 E St. Public Works Shop Sale Lonnie Statzer Low N/A For sale Local Hazardous Mitigation Plan Update Lonnie Statzer Low N/A County Wide Plan Process has Started Public Safety
City Projects
Name Owner Priority Estimated Cost Update
License Plate Reader Program Michael Pitcock High
$10,000 up front and $3,300
monthly for maintenance and
monitoring.
Approved by Council. Working with County
Sheriff on implementing the concept.
Utilities
Name Owner Priority Estimated Cost Update
WWTP Biosolids Screening Upgrade - Self Help Enterprises Grant Michael Pitcock High $150k Unfunded Grant Application submitted Water System Consolidation - Hickman Michael Pitcock High $3M Unfunded Grant Application submitted Parks and Trails
Name Owner Priority Estimated Cost Update
Triangle Parcel - Neighborhood Park Michael Pitcock
Lonnie Statzer Low Unfunded On Hold
S. Reinway Sports Complex Michael Pitcock
Lonnie Statzer Low Unfunded On Hold
Dog Park (Prop 68 Per Capita Grant) Lonnie Statzer High $180,000 Grant Approved - in design. Construction in Spring 2022.
Beard Park Improvements (Prop 68 Competitive Grant) Lonnie Statzer High 1.5 Million Unfunded Grant Denied. Waiting to see if another cycle to apply is available.
Other Projects
Name Owner Priority Estimated Cost Update