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MTC/City of San Leandro <br />Master Funding Agreement for FY 2021-22 to FY 2030-31 <br />Page 38 <br /> <br /> <br />2. DAVIS-BACON ACT <br />For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, the <br />Contractor shall comply with the Davis-Bacon Act and the Copeland “Anti-Kickback” Act. Under 49 <br />U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA <br />assisted construction, alteration, or repair projects. The Contractor will comply with the Davis-Bacon <br />Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 C.F.R. part 5, <br />“Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted <br />Construction.” In accordance with the statute, the Contractor shall pay wages to laborers and mechanics <br />at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of <br />Labor. In addition, the Contractor agrees to pay wages not less than once a week. The Contractor shall <br />also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL <br />regulations at 29 C.F.R. part 3, “Contractors and Subcontractors on Public Building or Public Work <br />Financed in Whole or in part by Loans or Grants from the United States.” The Contractor is prohibited <br />from inducing, by any means, any person employed in the construction, completion, or repair of public <br />work, to give up any part of the compensation to which he or she is otherwise entitled. <br /> <br />3. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT <br />Contract Work Hours and Safety Standards Act - (i) The AGENCY’s contractor agrees to comply <br />with section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. section 333, and <br />applicable DOL regulations, "Safety and Health Regulations for Construction" 29 C.F.R. Part 1926. <br />Among other things, the AGENCY’s contractor agrees that it will not require any laborer or mechanic to <br />work in unsanitary, hazardous, or dangerous surroundings or working conditions. <br />(ii) Subcontracts - The AGENCY’s contractor also agrees to include the requirements of this section in <br />each subcontract. The term "subcontract" under this section is considered to refer to a person who <br />agrees to perform any par t of the labor or material requirements of a contract for construction, alteration <br />or repair. A person who undertakes to perform a portion of a contract involving the furnishing of <br />supplies or materials will be considered a "subcontractor" under this section if the work in question <br />involves the performance of construction work and is to be performed: (1) directly on or near the <br />construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier <br />of materials which will become an integral part of the construction is a "subcontractor" if the supplier <br />fabricates or assembles the goods or materials in question specifically for the construction project and <br />the work involved may be said to be construction activity. If the goods or materials in question are <br />ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The <br />requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or <br />materials or articles normally available on the open market. <br />4. COPELAND ANTI-KICKBACK ACT <br />Compliance with Copeland Act requirements - The AGENCY’s contractor shall comply with the <br />requirements of 29 CFR part 3, which are incorporated by reference in this contract. <br />411