.16 Enhanced Minimum Wage Provision (July 2022).pdf
PDF 97 KB Posted
- Attached to
- Tree Trimming & Stump Removal Services
- Solicitation number
- 6100065367
- Issued by
- Fulton County, Pennsylvania
About this file
This is an Enhanced Minimum Wage Provision document applicable to Pennsylvania state and local contracts, specifically relating to tree trimming and stump removal services for the Department of Transportation (PennDOT) in Greene County. The provision establishes wage requirements for all contractors and subcontractors performing work on state routes, PennDOT facilities, and other areas where PennDOT holds responsibility. Services include tree trimming, stump removal, and waste disposal such as chipping, mulching, leaves, and branches, with fly chipping available upon request. The contract is designated exclusively for certified small businesses, with only DGS-certified small businesses eligible to submit bids and receive awards. All bids must be submitted electronically through the Commonwealth's electronic system (SRM) via the PA Supplier Portal at www.pasupplierportal.state.pa.us.
The Enhanced Minimum Wage Provision requires contractors and lessors to pay no less than $15.00 per hour to employees for all hours directly performing contracted services, and for ancillary service hours when employees spend at least twenty percent of their time on such services weekly. Beginning July 1, 2023, and annually thereafter, the minimum wage rate increases by the annual cost-of-living adjustment based on the Consumer Price Index for All Urban Consumers (CPI-U) for Pennsylvania, New Jersey, Delaware, and Maryland, with adjusted amounts published in the Pennsylvania Bulletin by March 1 each year. Exceptions apply to employees exempt under the Minimum Wage Act of 1968, those covered by collective bargaining agreements, and employees required to earn higher wages under prevailing wage, Davis-Bacon, or other state and local laws. Contractors must post the provisions conspicuously at work sites, maintain employment and wage records for compliance documentation, and include these provisions in all subcontracts. Failure to comply may result in contract termination, nonpayment, debarment, or referral for civil or criminal action.
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Text version
Enhanced Minimum Wage Provisions (July 2022)
1. Enhanced Minimum Wage. Contractor/Lessor agrees to pay no less than $15.00 per hour to its employees for all hours worked directly performing the services called for in this Contract/Lease, and for an employee’s hours performing ancillary services necessary for the performance of the contracted services or lease when such employee spends at least twenty per cent (20%) of their time performing ancillary services in a given work week.
2. Adjustment. Beginning July 1, 2023, and annually thereafter, the minimum wage rate shall be increased by an annual cost-of-living adjustment using the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) for Pennsylvania, New Jersey, Delaware, and Maryland. The applicable adjusted amount shall be published in the Pennsylvania Bulletin by March 1 of each year to be effective the following July 1.
3. Exceptions. These Enhanced Minimum Wage Provisions shall not apply to employees:
a. exempt from the minimum wage under the Minimum Wage Act of 1968;
b. covered by a collective bargaining agreement;
c. required to be paid a higher wage under another state or federal law governing the services, including the Prevailing Wage Act and Davis-Bacon Act; or
d. required to be paid a higher wage under any state or local policy or ordinance.
4. Notice. Contractor/Lessor shall post these Enhanced Minimum Wage Provisions for the entire period of the contract conspicuously in easily-accessible and well-lighted places customarily frequented by employees at or near where the contracted services are performed.
5. Records. Contractor/Lessor must maintain and, upon request and within the time periods requested by the Commonwealth, furnish all employment and wage records necessary to document compliance with these Enhanced Minimum Wage Provisions.
6. Sanctions. Failure to comply with these Enhanced Minimum Wage Provisions may result in the imposition of sanctions, which may include, but shall not be limited to, termination of the contract or lease, nonpayment, debarment or referral to the Office of General Counsel for appropriate civil or criminal referral.
7. Subcontractors. Contractor/Lessor shall include the provisions of these Enhanced Minimum Wage Provisions in every subcontract so that these provisions will be binding upon each subcontractor.
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