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MnDOT Contract No. 1029944
<br />intimidate, or prevent the employment of any person or persons identified in clause 1 of this section, or on being
<br />hired, prevent or conspire to prevent, the person or persons from the performance of work under any contract on
<br />account of race, creed or color; 3) That a violation of this section is a misdemeanor; and 4) That this contract may
<br />be canceled or terminated by the state of Minnesota, or any county, city, town, township, school, school district or
<br />a ny other person authorized to contracts for employment, and all money due, or to become due under the
<br />contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this Agreement.
<br />18. Appendix II 2 CFR Part 200 Federal Contract Clauses. The Local Government agrees to comply with the following
<br />federal requirements as identified in 2 CFR 200, Uniform Administrative Requirements, Cost Principles and Audit
<br />Requirements for Federal Awards, and agrees to pass through these requirements to its subcontractors and third
<br />party contractors, as applicable. In addition, the Local Government shall have the same meaning as "Contractor' in
<br />the federal requirements listed below.
<br />18.1. Remedies. Contracts for more than the simplified acquisition threshold currently set at $150,000, which is
<br />the inflation adjusted amount determined by the Civilian Agency Acquisition Council and Defense
<br />Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative,
<br />contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide
<br />for such sanctions and penalties as appropriate.
<br />18.2. Termination. All contracts in excess of $10,000 must address termination for cause and for convenience by
<br />the non -Federal entity including the manner by which it will be effected and the basis for settlement.
<br />18.3. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet
<br />the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal
<br />opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal
<br />Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by
<br />Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
<br />implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal
<br />Employment Opportunity, Department of Labor."
<br />18.4. Davis -Bacon Act, as amended. (40 U.S.C. 3141-3148) When required by Federal program legislation, all
<br />prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision
<br />for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
<br />Department of Labor regulations (29 CFR 5, "Labor Standards Provisions Applicable to Contracts Covering
<br />Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be
<br />required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
<br />wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages
<br />not less than once a week. The non -Federal entity must place a copy of the current prevailing wage
<br />determination issued by the Department of Labor in each solicitation. The decision to award a contract or
<br />subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity
<br />must report all suspected or reported violations to the Federal awarding agency. The contracts must also
<br />include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented
<br />by Department of Labor regulations (29 CFR 3, "Contractors and Subcontractors on Public Building or Public
<br />Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each
<br />contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the
<br />construction, completion, or repair of public work, to give up any part of the compensation to which he or
<br />she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the
<br />Federal awarding agency.
<br />18.5. Contract Work Hours and Safety Standards Act. (40 U.S.C. 3701-3708) Contract Work Hours and Safety
<br />Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in
<br />excess of $100,000 that involve the employment of mechanics or laborers must include a provision for
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