W. Va. Code R. § 157-3-12
Current through Register Vol. XLI, No. 45, November 8, 2024
Section 157-3-12 - Miscellaneous Provisions12.1. Common Carrier Rates. The common carrier rates and taxes thereon which are current on the date of opening the bids shall be considered applicable to all items subject to transportation charges there under. 12.1.a. If such rates or taxes are thereafter increased by public authority on any materials entering into and forming a part of the contract, an amount equal to the sum of all such increases, when evidenced by receipted common carrier bills, will be paid to the contractor by the division. All claims for such payments shall be made within 60 days after final acceptance of the work.12.1.b. If such rates or taxes thereafter reduced by public authority on any materials entering into and forming a part of the contract, an amount equal to the sum of all such decreases, when evidenced by receipted common carrier bills, will be deducted by the division from the monies due the contractor on the work performed under the contract.12.1.c. When deliveries of materials are performed by means other than common carriers, an increase or decrease in price will not be allowed or charged for changes in rates or methods of delivery.12.2. Minimum Wage Determinations. All contracts are subject to the fair minimum wage rates determined by W. Va. Code §21-5A, 1931, as amended and/or the U.S. Department of Labor. The West Virginia Division of Labor Wage Rates and Prevailing Wage Classification Work Descriptions in effect at the time of the bid opening will become a part of the contract documents. The contractor must post the West Virginia Division of Labor Wage Rates on the jobsite at a location accessible to employees. 12.2.b. A printed version can be obtained from the Secretary of State's Office or from the West Virginia Department of Transportation, Division of Highways, Contract Administration Division or from the West Virginia Division of Labor at the following address: West Virginia Division of Labor
Building 3, Suite 200
1900 Kanawha Boulevard, East
Charleston, WV 25305
LaborAdministration@wv.govlabor.wv.gov
12.2.c. If the proposal contains U.S. Department of Labor Wage Rates and the wage rates established by the West Virginia Division of Labor the minimum wage paid shall be the higher rate for each job classification.12.2.e. A printed version can be obtained from the West Virginia Department of Transportation, Division of Highways, Contract Administration Division or from the West Virginia Division of Labor at the address listed above.12.3. Nondiscrimination of Employees (Governor's Executive Order). During the performance of this contract for public work or for goods or services, the contractor agrees as follows: 12.3.a. The contractor and subcontractors shall provide equal employment opportunity for all qualified persons and shall not discriminate against any employee or applicant for employment because of race, creed, color or national origin.12.3.b. Contractors and subcontractors are required to give written notice to any labor union with which they have a collective bargaining or other agreement, that they have complied with the requirements of the executive orders by the Governor of the State of West Virginia, dated October 16, 1963, and December 15, 1965. These provisions shall be fully and effectively enforced and any breach of them will be regarded as a material breach of the Contract.12.4. Provisions for West Virginia State Funds Contracts.12.4.a. Applications. These contract provisions shall apply to all work performed on the contract by the contractor with his or her own organization and with the assistance of workmen under his or her immediate superintendence and to all work performed on the Contract by piece work, station work, or by subcontract.12.4.b. Employment Lists, Labor. Selection. A local public employment agency will be designated by the state to prepare the employment lists for the project. At, or prior to contract award, the contractor will be advised of the exact designation and location of the agency selected for this purpose, and the name and location of such agency will be inserted in the contract.
12.4.b.1. All qualified unskilled labor shall be employed insofar as possible from lists furnished to the contractor by the employment agency designated in the contract. The contractor may avail himself or herself of the services of the employment agency for obtaining labor of the intermediate and skilled grade.12.4.b.2. In the performance of this contract, the contractor shall not discriminate against any worker because of race, creed, color or national origin.12.4.c. Payrolls. Submission by the contractor, or subcontractor, of payrolls, or copies thereof, is not required. Each contractor, or subcontractor, shall preserve his or her weekly payroll records for a period of three years from the date of completion of this contract. The payroll records shall set out accurately and completely the project number, name, classification, hourly wage rate of each employee, hours worked by him or her daily and weekly wages earned by him or her, any deductions made from such weekly wages, and the actual weekly wages paid to him or her. Such payroll records shall be made available at all times for inspection by authorized representatives of the division.12.4.d. Payment of Predetermined Minimum Wages. These contract provisions are supplemented elsewhere in the contract by special provisions which set forth the certain predetermined minimum wage rates. The contractor shall pay not less than these rates. 12.4.d.1. The wages of all labor shall be paid in legal tender of the United States, except that this condition will be considered satisfied if payment is made by negotiable check, on a solvent bank, which may be readily cashed by the employee in the local community for the full amount, without discount or collection charges of any kind. Where checks are used for payment, the contractor shall make all necessary arrangements for them to be cashed and shall give information regarding such arrangements.12.4.d.2. The minimum wages specified herein shall be exclusive of any charges for medical examination, medical fees, or insurance, except as specifically required by state law. No individual employed on the project in other than an administrative position shall be paid less than the minimum rate for unskilled labor.W. Va. Code R. § 157-3-12