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DocuSign Envelope ID:3EC52891-FE1A-4181-9C9B-6ADF674328A7 <br /> MTC/City of Pleasanton <br /> Innovative Deployments to Enhance Arterials(IDEA)Category 1 <br /> Page 17 <br /> Bonding Requirements(Model provision): The Contractor may be required to obtain <br /> performance and payment bonds when necessary to protect the operator's interest. <br /> The following situations may warrant a performance bond: <br /> a. Operator property or funds are to be provided to the contractor for use in performing the <br /> contract or as partial compensation(as in retention of salvaged material). <br /> b. A contractor sells assets to or merges with another concern, and the operator, after <br /> recognizing the latter concern as the successor in interest,desires assurance that it is <br /> financially capable. <br /> c. Substantial progress payments are made before delivery of end items starts. <br /> d. Contracts are for dismantling, demolition, or removal of improvements. <br /> 2. Davis-Bacon Act <br /> (a)The Agency head shall cause or require the contracting officer to insert in full in any contract <br /> in excess of$2,000 which is entered into for the actual construction, alteration and/or repair, <br /> including painting and decorating, of a public building or public work, or building or work <br /> financed in whole or in part from Federal funds or in accordance with guarantees of a Federal <br /> agency or financed from funds obtained by pledge of any contract of a Federal agency to make a <br /> loan, grant or annual contribution(except where a different meaning is expressly indicated), and <br /> which is subject to the labor standards provisions of any of the acts listed in §5.1,the following <br /> clauses (or any modifications thereof to meet the particular needs of the agency,Provided, That <br /> such modifications are first approved by the Department of Labor): <br /> (1)Minimum wages. (i)All laborers and mechanics employed or working upon the site of the <br /> work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the <br /> construction or development of the project),will be paid unconditionally and not less often than <br /> once a week, and without subsequent deduction or rebate on any account(except such payroll <br /> deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland <br /> Act(29 CFR part 3)),the full amount of wages and bona fide fringe benefits (or cash equivalents <br /> thereof)due at time of payment computed at rates not less than those contained in the wage <br /> determination of the Secretary of Labor which is attached hereto and made a part hereof, <br /> regardless of any contractual relationship which may be alleged to exist between the contractor <br /> and such laborers and mechanics. <br /> Contributions made or costs reasonably anticipated for bona fide fringe benefits under section <br /> 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to <br /> such laborers or mechanics, subject to the provisions of paragraph(a)(1)(iv) of this section; also, <br /> regular contributions made or costs incurred for more than a weekly period(but not less often <br /> than quarterly)under plans, funds, or programs which cover the particular weekly period, are <br /> deemed to be constructively made or incurred during such weekly period. Such laborers and <br /> mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination <br /> for the classification of work actually performed,without regard to skill, except as provided in <br /> §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be <br /> compensated at the rate specified for each classification for the time actually worked therein: <br /> Provided, That the employer's payroll records accurately set forth the time spent in each <br /> classification in which work is performed. The wage determination(including any additional <br /> classification and wage rates conformed under paragraph(a)(1)(ii)of this section)and the Davis- <br />