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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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(i) Apprentices <br />(A) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the <br />work they perform when they are employed pursuant to and individually registered in a bona fide <br />apprenticeship program registered with the U.S. Department of Labor, Employment and Training <br />Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized <br />by the OA. A person who is not individually registered in the program, but who has been certified <br />by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary <br />employment as an apprentice, will be permitted to work at less than the predetermined rate for the <br />work they perform in the first 90 days of probationary employment as an apprentice in such a <br />program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws <br />approval of an apprenticeship program, the contractor will no longer be permitted to use <br />apprentices at less than the applicable predetermined rate for the work performed until an <br />acceptable program is approved. <br />(B) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of <br />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 <br />the applicable classification. If the Administrator determines that a different practice prevails for <br />the applicable apprentice classification, fringe benefits must be paid in accordance with that <br />determination. <br />(C) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in <br />any craft classification must not be greater than the ratio permitted to the contractor as to the entire <br />work force under the registered program or the ratio applicable to the locality of the project <br />pursuant to paragraph (a)(4)(i)(D) of this section. Any worker listed on a payroll at an apprentice <br />wage rate, who is not registered or otherwise employed as stated in paragraph (a)(4)(i)(A) of this <br />section, must be paid not less than the applicable wage rate on the wage determination for the <br />classification of work actually performed. In addition, any apprentice performing work on the job <br />site in excess of the ratio permitted under this section must be paid not less than the applicable <br />wage rate on the wage determination for the work actually performed. <br />(D) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a <br />project in a locality other than the locality in which its program is registered, the ratios and wage <br />rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality <br />in which the construction is being performed must be observed. If there is no applicable ratio or <br />wage rate for the locality of the project, the ratio and wage rate specified in the contractor's <br />registered program must be observed. <br />(ii) Equal employment opportunity. The use of apprentices and journeyworkers under this part must <br />be in conformity with the equal employment opportunity requirements of Executive Order 11246, <br />as amended, and 29 CFR part 30. <br />(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 />(6) Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses <br />contained in paragraphs (a)(1) through L11 of this section, along with the applicable wage <br />determination(s) and such other clauses or contract modifications as the Federal agency may by <br />
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