|
MnDOT Contract No. 1052149
<br />17. Discrimination Prohibited by Minnesota Statutes §181.59. The Local Government will comply with the provisions
<br />of Minnesota Statutes §181.59 which requires that every contract for or on behalf of the State of Minnesota, or
<br />any county, city, town, township, school, school district or any other district in the state, for materials, supplies or
<br />construction will contain provisions by which Contractor agrees: 1) That, in the hiring of common or skilled labor
<br />for the performance of any work under any contract, or any subcontract, no Contractor, material supplier or
<br />vendor, will, by reason of race, creed or color, discriminate against the person or persons who are citizens of the
<br />United States or resident aliens who are qualified and available to perform the work to which the employment
<br />relates; 2) That no Contractor, material supplier, or vendor, will, in any manner, discriminate against, or
<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 />any 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. Federal Contract Clauses
<br />18.1. Appendix II 2 CFR Part 200. The Local Government agrees to comply with the following federal
<br />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
<br />third-party contractors, as applicable. In addition, the Local Government shall have the same meaning as
<br />"Contractor" in the federal requirements listed below.
<br />18.1.1. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount
<br />determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations
<br />Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
<br />remedies in instances where contractors violate or breach contract terms, and provide for such
<br />sanctions and penalties as appropriate.
<br />18.1.2. All contracts in excess of $10,000 must address termination for cause and for convenience by the
<br />non-Federal entity including the manner by which it will be effected and the basis for settlement.
<br />18.1.3. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts
<br />that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must
<br />include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive
<br />Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp.,
<br />p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal
<br />Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal
<br />Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
<br />18.1.4. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation,
<br />all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a
<br />provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as
<br />supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
<br />Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with
<br />the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less
<br />than the prevailing wages specified in a wage determination made by the Secretary of Labor. In
<br />addition, contractors must be required to pay wages not less than once a week. The non-Federal
<br />entity must place a copy of the current prevailing wage determination issued by the Department of
<br />Labor in each solicitation. The decision to award a contract or subcontract must be conditioned
<br />upon the acceptance of the wage determination. The non-Federal entity must report all suspected
<br />or reported violations to the Federal awarding agency. The contracts must also include a provision
<br />
|