Special Provisions for Construction Contracts. If this Contract involves Construction work, design for Construction, or Construction services, all such work or services performed by the Contractor and its subcontractors shall be subject to the following requirements in addition to those set forth above in paragraphs (A), (B), and (C):
(1) Federal Labor Standards. The Contractor will comply with the following:
a. The Xxxxx-Xxxxx Act (40 U.S.C. §§ 3141-3148): If required by the federal program legislation, in Construction contracts involving an excess of $2000, and subject to any other federal program limitations, all laborers and mechanics must be paid at a rate not less than those determined by the Secretary of Labor to be prevailing for the City, which rates are to be provided by the WDC. These wage rates are a federally mandated minimum only, and will be superseded by any State or City requirement mandating higher wage rates. The Contractor also agrees to comply with Department of Labor Regulations pursuant to the Xxxxx- Xxxxx Act found in 29 CFR Parts 1, 3, 5 and 7 which enforce statutory labor standards provisions.
b. If required by the federal program legislation and subject to any other federal program limitations, Sections 103 and 107 of the Contract Work Hours and Safe Standards Act (40 U.S.C. §§ 3701-3708), which provides that no laborer or mechanic shall be required or permitted to work more than eight hours in a calendar day or in excess of forty hours in any workweek, unless such laborer or mechanic is paid at an overtime rate of 1½ times his/her basic rate of pay for all hours worked in excess of these limits, under any Construction contract costing in excess of $2000. In the event of a violation of this provision, the Contractor shall not only be liable to any affected employee for his/her unpaid wages, but shall be additionally liable to the United States for liquidated damages.
c. The Xxxxxxxx “Anti-Kickback” Act (18 U.S.C. § 874), as supplemented by the regulations contained in 29 CFR Part 3, requiring that all laborers and mechanics shall be paid unconditionally and not less often than once a week, and prohibiting all but “permissible” salary deductions.
d. If this Contract involves Construction work, design for Construction, or Construction services, a more complete detailed statement of Federal Labor Standards annexed hereto as FEDERAL EXHIBIT 2.
(2) Equal Employment Opportunity. Executive Order 11246, as amended by Executive Order 11375, and as supplemented in Department of Labor r...
Special Provisions for Construction Contracts. In addition to the contractual provisions required in 50.30, each contracting agency shall incorporate into every contract for a construction project in excess of $1,000,000 to which it becomes a party the following language (Refer to EO #50 Part C 50.31): The contractor further agrees that, if required, it shall employ trainees for training level jobs and it shall participate in the on-the-job training programs other than apprenticeship programs which are approved by the DLS and where required by law, the U.S. Department of Labor, Bureau of Apprenticeship Training or the New York State Department of Labor. EO #50 requires the contractor to make a good faith effort to achieve the ration of one (1) trainee to four (4) journey-level employees of each trade on each construction project, provided that the trainee requirement shall not apply to contract in the amount of $1,000,000 or less. As of the writing of this memorandum, as active trainee program is not available; however, the language and intent of the law remain the same.
Special Provisions for Construction Contracts
