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a. By submission of this bid, the execution of the contractor subcontract, or the consummation
<br />of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid
<br />construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies
<br />that the firm does not maintain or provide for its employees any segregated facilities at any of
<br />its establishments, and that the firm does not permit its employees to perform their services
<br />at any location, under its control, where segregated facilities are maintained. The firm agrees
<br />that a breach of this certification is a violation of the EEO provisions of this contract. The firm
<br />further certifies that no employee will be denied access to adequate facilities on the basis of
<br />sex or disability.
<br />b. As used in this certification, the term 11segregated facilities"
<br />means any waiting rooms, work
<br />areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker
<br />rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or
<br />entertainment areas, transportation, and housing facilities provided for employees which are
<br />segregated by explicit directive, or are, in fact, segregated on the basis of race, color,
<br />religion, national origin, age or disability, because of habit, local custom, or otherwise. The
<br />only exception will be for the disabled when the demands for accessibility override (e.g.
<br />disabled parking).
<br />C, The contractor agrees that it has obtained or will obtain identical certification from proposed
<br />subcontractors or material suppliers prior to award of subcontracts or consummation of
<br />material supply agreements of $10,000 or more and that it will retain such certifications in its
<br />files.
<br />8. PAYMENT OF PREDETERMINED MINIMUM WAGE
<br />(Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts,
<br />except for projects located on roadways classified as local roads or rural minor collectors, which are
<br />exempt.)
<br />(1) General
<br />a. All mechanics and laborers employed or working upon the site of the work will be paid
<br />unconditionally and not less often than once a week and without subsequent deduction or
<br />rebate on any account [except such payroll deductions as are permitted by regulations (29
<br />CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full
<br />amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
<br />payment. The payment shall be computed at wage rates not less than those contained in the
<br />wage determination of the Secretary of Labor (hereinafter "the wage determination") which is
<br />attached hereto and made a part hereof, regardless of any contractual relationship which
<br />may be alleged to exist between the contractor or its subcontractors and such laborers and
<br />mechanics. The wage determination (including any additional classifications and wage rates
<br />conformed under paragraph 2 of this Section IV and the DOL poster (WH -1 321) or Form
<br />FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site
<br />of the work in a prominent and accessible place where it can be easily seen by the workers.
<br />For the purpose of this Section, contributions made or costs reasonably anticipated for bona
<br />fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf
<br />of laborers or mechanics are considered wages paid to such laborers or mechanics, subject
<br />to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section,
<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
<br />determination for the classification of work actually performed, without regard to skill, except
<br />as provided in paragraphs 4 and 5 of this Section IV.
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