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Last modified
3/2/2021 3:23:16 PM
Creation date
8/3/2020 4:06:08 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/07/2020
Control Number
2020-124D
Agenda Item Number
8.M.
Entity Name
CK Contractors and Development, LLC
Subject
2020 Agreement Utility Services; construction/repair water services RFP 2020039
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2020 Annual Labor Contract <br />RFP #2020039 <br />provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, <br />apprentices must be paid the full amount of fringe benefits listed on the wage determination for the <br />applicable classification. If the Administrator determines that a different practice prevails for the <br />applicable apprentice classification, fringes shall be paid in accordance with that determination. In the <br />event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship <br />Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will <br />no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work <br />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 <br />thejob site shall not be greater than permitted underthe 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 <br />the 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 <br />the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the <br />full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and <br />Hour Division determines that there is an apprenticeship program associated with the corresponding <br />journeyman wage rate on the wage determination which provides for less than full fringe benefits for <br />apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating <br />in a training plan approved by the Employment and Training Administration shall be paid not less than the <br />applicable wage rate on the wage determination for the classification of work actually performed. In <br />addition, any trainee performing work on the job site in excess of the ratio permitted under the registered <br />program shall be paid not less than the applicable wage rate on the wage determination for the work <br />actually performed. In the event the Employment and Training Administration withdraws approval of a <br />training program, the contractor will no longer be permitted to utilize trainees at less than the applicable <br />predetermined rate for the work performed until an acceptable program is approved. <br />(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen <br />under this part shall be in conformity with the equal employment opportunity requirements of Executive <br />Order 11246, as amended, and 29 CFR part 30. <br />9.3.5 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 />9.3.6 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 FEMA may by appropriate <br />instructions require, and also a clause requiring the subcontractors to include these clauses in any lower <br />tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or <br />lower tier subcontractor with all the contract clauses in 29 CFR 5.5. <br />9.3.7 Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 <br />may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor <br />as provided in 29 CFR 5.12. <br />9.3.8 Compliance with Davis -Bacon and Related Act requirements. All rulings and <br />interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein <br />incorporated by reference in this contract. <br />Sample Agreement - Page 16 of 21 <br />
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