|
(Applicable to all Federal-aid constriction Contracts and to all related subcontracts of $ 10 ,000 or
<br /> more .)
<br /> a. By submission of this bid , the execution of this Contract or subcontract, or the
<br /> consummation 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 that the firm
<br /> does not maintain or provide for its employees any segregated facilities at any of its establishments , and
<br /> that the firm does not permit its employees to perform their services at any location , under its control ,
<br /> where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation
<br /> of the EEO provisions of this Contract. The fine further certifies that no employee will be denied access to
<br /> adequate facilities on the basis of sex or disability.
<br /> b . As used in this certification, the term " segregated facilities " means any waiting rooms ,
<br /> work areas , restrooms and washrooms , restaurants and other eating areas , timeclocks , locker rooms , and
<br /> other storage or dressing areas , parking lots , drinking fountains , recreation or entertainment areas ,
<br /> transportation, and housing facilities provided for employees which are segregated by explicit directive , or
<br /> are , in fact, segregated on the basis of race , color, religion, national origin, age or disability, because of
<br /> habit, local custom, or otherwise . The only exception will be for the disabled when the demands for
<br /> accessibility override (e . g . disabled parking) .
<br /> c . The Contractor agrees that it has obtained or will obtain identical certification from
<br /> proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material
<br /> supply agreements of $ 10 , 000 or more and that it will retain such certifications in its files .
<br /> IV . PAYMENT OF PREDETERMINED MINIMUM WAGE
<br /> (Applicable to all Federal-aid construction Contracts exceeding $2 , 000 and to all related
<br /> subcontracts , except for projects located on roadways classified as local roads or rural minor collectors ,
<br /> which are 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 rebate on any
<br /> account [ except such payroll deductions as are pennitted by regulations (29 CFR 3 ) issued by the Secretary
<br /> of Labor under the Copeland Act (40 U . S . C . 276c)] the frill amounts of wages and bona fide fringe
<br /> benefits (or cash equivalents thereof) due at time of payment . The payment shall be computed at wage rates
<br /> not less than those contained in the wage detennination of the Secretary of Labor (hereinafter " the wage
<br /> determination") which is attached hereto and made a part hereof, regardless of any contractual relationship
<br /> which 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 conformed
<br /> under paragraph 2 of this Section IV and the DOL poster (WH- 1321 ) or Form FHWA - 1495 ) shall be
<br /> posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and
<br /> accessible place where it can be easily seen by the workers . For the purpose of this Section , contributions
<br /> made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b) (2) of the Davis -
<br /> Bacon Act (40 U . S . C . 276a) on behalf of laborers or mechanics are considered wages paid to such laborers
<br /> or mechanics , subject to the provisions of Section IV , paragraph 3b , hereof. Also , for the purpose of this
<br /> Section , 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 to be
<br /> constrictively made or incurred during such weekly period . Such laborers and mechanics shall be paid the
<br /> appropriate wage rate and fringe benefits on the wage detennination for the classification of work actually
<br /> performed, without regard to skill , except as provided in paragraphs 4 and 5 of this Section IV .
<br />
|