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Reso 2026-4028
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Reso 2026-4028
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Last modified
5/29/2026 1:17:47 PM
Creation date
5/19/2026 3:36:45 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2026-4028
Date (mm/dd/yyyy)
05/14/2026
Description
1st Amnd to Agrmnt & Consent to Assignment w/ Phillips Heavy, Inc., f/k/a Phillips & Jordan, Incorporated, as Secondary Contractor, for diaster debris
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Contractors are required to pay wages to laborers and mechanics at a rate not less than the <br />prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, <br />contractors must be required to pay wages not less than once a week. If the grant award contains <br />Davis Bacon provisions, the City will place a copy of the current prevailing wage determination <br />issued by the Department of Labor in the solicitation document. The decision to award a contract <br />shall be conditioned upon the acceptance of the wage determination. <br />(1) Minimum wages <br />(i) Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site <br />of the work (or otherwise working in construction or development of the project under a <br />development statute), will be paid unconditionally and not less often than once a week, and without <br />subsequent deduction or rebate on any account (except such payroll deductions as are permitted <br />by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full <br />amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at <br />time of payment computed at rates not less than those contained in the wage determination of the <br />Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual <br />relationship which may be alleged to exist between the contractor and such laborers and <br />mechanics. As provided in paragraphs (d) and (e) of this section, the appropriate wage <br />determinations are effective by operation of law even if they have not been attached to the contract. <br />Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis - <br />Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid <br />to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of this section; also, <br />regular contributions made or costs incurred for more than a weekly period (but not less often than <br />quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed <br />to be constructively made or incurred during such weekly period. Such laborers and mechanics <br />must be paid the appropriate wage rate and fringe benefits on the wage determination for the <br />classification(s) of work actually performed, without regard to skill, except as provided in <br />paragraph (a)(4) of this section. Laborers or mechanics performing work in more than one <br />classification may be compensated at the rate specified for each classification for the time actually <br />worked therein: Provided, That the employer's payroll records accurately set forth the time spent <br />in each classification in which work is performed. The wage determination (including any <br />additional classifications and wage rates conformed under paragraph (a)(1)(iii) of this section) and <br />the Davis -Bacon poster (WH-1321) must be posted at all times by the contractor and its <br />subcontractors at the site of the work in a prominent and accessible place where it can' be easily <br />seen -by the workers. <br />(ii) Frequently recurring classifications. <br />(A) In addition to wage and fringe benefit rates that have been determined to be prevailing under <br />the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to 1�.3(), <br />wage and fringe benefit rates for classifications of laborers and mechanics for which conformance <br />requests are regularly submitted pursuant to paragraph (a)(1)(iii) of this section, provided that: <br />(1) The work performed by the classification is not performed by a classification in the wage <br />determination for which a prevailing wage rate has been determined; <br />(2) The classification is used in the area by the construction industry; and <br />2 <br />
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