|
<br />Tram time to time, (hereinafter referred to as the Regulations),
<br />which are herein incorporated by reference and made a part of
<br />this contract.
<br />b. Nondiscrimination: The contracio*, with regard to tht work
<br />performed by it durin;; the contract. droll not di<crimirnte on
<br />the ground- of race, color, sex or national origin in the .=election
<br />and retemion of subconuartors, including procurements of ma~
<br />teriale and lenses of equipment. The contractor shall not partici•
<br />pate either directly or indirectly in the discrimination prohibited
<br />by Ketion 21.5 of the Regulations, including nnployrncnt practices
<br />when tht contract eovere a program set forth in Appendix B of
<br />the Regulationn
<br />c. Solicietions for Subcomracts, Including Procurcmente of
<br />Materiels and Equipment: In all solicitations either by competi•
<br />fire bidding ar negotiation mode by the contractor for work tc be
<br />performed under a subcontract, including procurements of me~
<br />teriale or leans of equipment, each potential subcontractor oc
<br />supplier shall be notified by the contractor oI the contractor's
<br />obligations under thin contract and the Regulations relative to
<br />nondiecriminetion on the grounds of race, color, sex or national
<br />origin
<br />d. Information and Reports: The contractor shall provide all
<br />information and reports required by the Regulations, or dimc•
<br />lien issued pu+'*nant thereto, and shall permit access to f:e books,
<br />records, account+, Othrt' aOlli'CGP of information and its facilities
<br />a may be determined by the State highway department or the
<br />Federal Highway Administration to be pertinent to, ascertain
<br />eompllence with such Regidations or directives. 'hero any inlor•
<br />mtt(on required of a contractor Ss to the exclusive posaeasion of
<br />artather who fella or Ief11Ka to furnish this infonnetion the con•
<br />Tractor shall w certify to the State highway departmem, or the
<br />Federal Hlghwsy Adminietradon oe appropriate, end shell Kt
<br />forth what eRorb It ]tan made to obtain the information,
<br />e. Sanctions for Noncompliance: In the event of the contractors
<br />nonwmpllance with the nordiariminmion provisions of this con•
<br />tract, the State highway deportment shall impox each contract
<br />eancllom as it or the Federal Highway Adminietation may deter•
<br />mitre to be appropriate, Including, but not limited to:
<br />(1) withholding of payments to the contractor under the
<br />connect until the contractor complies, end/or
<br />(2) eancelletlon, termination or suspension of the contrecq
<br />In whole or In part.
<br />L lncorporetlon of Provisions: The tontractor shall Include the
<br />provlelan of this paragraph 8 In ovary subcontract, Including pro•
<br />evnmeae of materleb and leaKS o! equipment, unless esampt by
<br />the Regulation, or dltectires Issued pursuant thereto. The con•
<br />tractor shall mks such action with respect to any subcontractor or
<br />pracuremant as the. State hlpMvay department or the Federal
<br />Highway Adminbtrollon may direct se a means of cntorcing snch
<br />provlalone lneludlnp annetlam for noncompliance: Prorided, how•
<br />aver, that, (n the event a contracor becomes involved in, or b
<br />threatened with, lltigatlon w9th a subcontractor or supplier as e
<br />recall of arch direction, the dontractor me'y request the State
<br />hlghwey department to enter Into each litigation to protect
<br />tho Interne oI the State, and, in addition, the conuartor may
<br />request the United Stntta to enter into such litigation
<br />to protect the interests of the United States.
<br />lit. PlONSEGftEGATED FACI61TIE5
<br />(Applicable to Federal old construction contrarte and related
<br />aubeontraoe exceeding 510,000 which are not exempt from the
<br />Equal Opporntnity c]mre.)
<br />Hy submissio¢ of this b(d, the execution of this contract or eub~
<br />contract, or the conwunmotion of this material supply agreement,
<br />at approprl¢tr, the htddrr, Frdernl•aid construction contrnttor, sub•
<br />contractor, or material supplier, os appropriate, certifies that he
<br />don not mnlntaln or provide for hie employees any eepregs:ed !a•
<br />cilitia at any of his estahlishmente, and that he Joen not permit
<br />his employers to perform their Knica at any Iocetian, under fiis
<br />tantrol, where repregnted facilities are maintained. He certifin
<br />further that he will not maintain or provide for his cmp)oyees any
<br />
<br />segregated facilities at any of his establishments, and that he will
<br />not permit his employees in perform their services at any location,
<br />under his control, where xgregated facilities are maintained. He
<br />agrees that a breach of this certification is a viola7ion of the Equal
<br />Opportunity cbux in this contract. As uxd in this certifitetion,
<br />the term "segregated tacilitics" means any waiting rpoma, work
<br />arena, restrooms and washrooms, restaurams and other eating areas,
<br />umeclocks, locker rooms and other storage or dressing areas, park
<br />ing lore, drinking fountains, recreation or entertainment areas,
<br />transportation, and housing facilities provided (or employee which
<br />are xgregated by explicit directive or are in fact xgregoted on
<br />the basis of race, creed, color, or national origin, because of habit,
<br />local custom, or otherwix. He agrees that (except where he has
<br />obtained identical certifications from propoxd subcontractors and
<br />material suppliers for specific dine periods), he will obtain iden•
<br />tical certification Irom propoxd eubcontractore or materiel 6up•
<br />pliers prior to the award of aubcontrnctn or the consummation of
<br />malerinl supply agreements, exceeding 810,000 which are not
<br />ezempt from the pros'isione of the Equal Opportunity clause, and
<br />that he will retain each certifications in hie files.
<br />IV. PAYMFIVT OF PREDETERMIPJED MIP11MllM WAGES
<br />I. General
<br />All mechanics and laborers employed or working upon the
<br />site of the work will be paid untonditionnlly end not lees often
<br />than once a week, and without ettbxquent deduction or rebate on
<br />any account (except such payroll deductions as ere permitted by
<br />regulations issued 6y the Secretary of Labor under the Copeland
<br />Act (29 CFR, Part 9) ), the tall amounts due a time of payment
<br />computed at•wege rota not leas then thoK contained in the wage
<br />determination decision of the Secretary of Labor which b atuchad
<br />hereto and made a port hrreol, regardleu of any contrsctunl re•
<br />lntionship which inay be alleged to exist between the contractor
<br />end such laborers and mechanics; and the wage determination
<br />decision shall be posted by the contractor et the site of the work
<br />in a prcminent place whore It ran bt sadly Been by the workers.
<br />For the purpox of this clnu.r, rontributlons made or costs reawm
<br />ably anticipated tinder section 1(b)(2) of the DavlrBncon Act on
<br />behalf of laborers or mechanics are considered wages paid to auah
<br />]shoran ar mechenla, subject to the provbions o! Seetlon N,
<br />paragraph 36, hereof. Also for the purpoK~of fhb claws, regular
<br />contr(butlotn made or cosy fncurrad for more than a weekly
<br />period under plans, Sonde, or programs, but eovering the par•
<br />tlcular weakly period,-are deemed to be eonstrudlvely made or
<br />incurred during such weakly period. ..
<br />2. Clas¢ifteatlont
<br />a. The State hlghwey department contncting o6tcer shall
<br />esquire that any close o! laborers ar mechenks, Including appren•
<br />tics and trainees, which Is not listed In the wage determination
<br />and which b to be nnployed under the contract, shall be d¢etlfied
<br />or reclnuified con[ormably to the wage determination, and a n•
<br />port of the action taken shell bra Knt by the State highway
<br />department contrneting officer to the Secretary of Labor.
<br />6. In the event the interested parties cannot agree on the
<br />proper clsesification or reclaeeification of a perticuler clew of la•
<br />boret•e and mechanics, inc)uding apprentices end- trainees, W 6e
<br />used, the question accor..panicd by the recommendation of the
<br />State highway department contrneting officer shell be referred to
<br />the Secretary for final determination.
<br />8. Payment of Fringe Beneflte:
<br />a. The State highway department contracting officer shat]
<br />raqutre, whenever the minimum wage rate preetribed in the con•
<br />vacs !or a close of laborers or mechonla include a fcingn benefit
<br />which !e not ezpresxd as nn hourly wage rate end the contractor
<br />b obligated to pay a cash equiwlent of auah a fringe fxnefih an
<br />hourly cask equivalent thereof to be ntabliehed. In the event the
<br />interested parties cannot agree upon a cash equivalent a4 the
<br />frtnpe benefit, the question, accompanied by the recommendation
<br />of the wntracting officer, shell !re referred to the Secretary of
<br />Labor !or determination.
<br />Pogo 2 Form PR-1177 (¢sr. 9-731
<br />
|