ENHANCED MINIMUM WAGE PROVISIONS.pdf
PDF 97 KB Posted
- Attached to
- D-11 Districtwide Graffiti Removal Services
- Solicitation number
- 6100066802
- Issued by
- Allegheny County, Pennsylvania
About this file
This is an enhanced minimum wage provisions document applicable to the D-11 Districtwide Graffiti Removal Services procurement in Pennsylvania, affecting state-owned properties in Allegheny, Beaver, and Lawrence Counties. The document establishes mandatory wage requirements for contractors and subcontractors performing work under this contract. All employees engaged in the performance of the graffiti removal services must be paid at least the enhanced minimum wage rate as specified in the provisions, which supersedes standard minimum wage requirements. The enhanced wage rates apply to all classifications of workers involved in the project, regardless of whether they are directly employed by the prime contractor or employed by subcontractors at any tier.
The enhanced minimum wage provisions are a material term of the contract and compliance is mandatory for contract award and performance. Contractors must maintain detailed payroll records documenting employee classifications, hours worked, and wages paid to demonstrate compliance with the specified wage rates. Failure to comply with the enhanced minimum wage requirements constitutes a material breach of contract and may result in penalties, including contract termination, debarment from future procurements, and recovery of underpaid wages. The provisions require contractors to include identical wage requirements in all subcontract agreements and to ensure that all subcontractors maintain compliance throughout the contract term.
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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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