(A) Discrimination Prohibited. The hiring of employees for performance of work under a state funded contract shall be done in accordance with Ohio R.C. 153.59 and 153.591, Governor’s amended Executive Order 84-9 of November 30, 1984. The contractor shall not discriminate against or intimidate any person hired for the performance of the work by reason of race, color, religion, national origin, ancestry, sex or handicap. For any violation, the contractor shall suffer such penalties as provided for in Ohio R.C. 153.60. The DOE must ensure that the bidder also agrees that upon the award of this contract he or she shall incorporate this certification on all subcontracts on this project regardless of tier.
(B) Minority Utilization Goals. An appendix item with minority utilization goals on state funded projects for each trade to be used by the contractor in a designated area is located at the end of Ordinance 131-05, passed October 17, 2005. Designated areas are defined as Ohio’s Standard Metropolitan Statistical Areas (SMSA). They are Akron, Cincinnati, Cleveland, Columbus, Dayton, Toledo and Youngstown- Warren. In cases where the project is not located in a designated area, the contractor may adopt minority utilization goals of the nearest designated area.
(C) Monthly Forms. The CE must ensure that the contractor submits statewide Input 29 Forms monthly to the Ohio Department of Administrative Services.
(D) Prevailing Wage Requirements.
(1) The Prevailing Wage Compliance Officer shall monitor the contractor to ensure they are in compliance with the following prevailing wage requirements and to provide guidance when requested. When corrective actions are required, the Prevailing Wage Compliance Officer shall inform the CE. The DOE reserves the right to withhold reimbursement until such time that prevailing wage requirements are being met and appropriately monitored.
(2) The DOE is required to monitor the contractor and subcontractors to ensure prevailing wages are paid to all laborers and mechanics employed on the project. The prime contractor is responsible for all forms to be furnished to subcontractors along with wage rates or any other modification vital to the project. An owner, foremen and/or supervisor performing any kind of work on the project must be added to payrolls. If an owner, foremen and/or supervisor is working more than 20% in a given work week on the project, they are to be paid prevailing wage for the classification of work performed and listed on the payroll. If the owner, foreman and/or supervisor are the sole worker(s) on the job, they are to be included on the payroll. The contractors and subcontractors shall submit to the DOE certified payrolls each week beginning three weeks after the start of work. The original payroll with an original signature must be submitted on the Statement of Compliance Form, WH-347, or equivalent and shall show the following:
(a) Employee name, address, Social Security number, classification and hours worked;
(b) The basic hourly and overtime rate paid, total pay and the manner in which fringe benefit payments have been irrevocably made;
(c) The project number and pay week dates; and
(d) Original signature of a company officer on the certification statement.
(3) This form (located at the end of Ordinance 131-05, passed October 17, 2005) must accompany each certified payroll.
(4) It is the DOE’s responsibility to check every payroll to ensure those employees working in crafts covered by the prevailing wage laws are being paid the correct wage and fringe benefits for the craft they are performing. The prevailing wages must be supplied in the bidding documents. The Prevailing Wage Coordinator will monitor the DOE’s prevailing wage compliance efforts.
(5) All apprentices must be registered with the U.S. Department of Labor (USDOL), Bureau of Apprenticeship and Training (BAT) (BAT, Columbus Office 614-469-7375). A copy of the apprentice certification obtained from the USDOL, BAT, must accompany the first certified payroll submitted for all apprentices working on the project. The apprentice agreement from the union is not acceptable.
(E) Bulletin Board Requirements.
(1) It is the DOE’s responsibility to ensure the contractor has a bulletin board placed in a location easily accessible to both the employee and the public and should include, but not be limited to, the following:
(a) The law;
(b) The law (en Espanol);
(c) Ohio Fair Employment Practices Law;
(d) FHWA Notice (1022);
(e) Wage rate information (FHWA 1495);
(f) Wage rate information (FHWA 1495A) (en Espanol);
(g) Contractually required wage rates;
(h) Family and Medical Leave Act of 1993;
(i) Minor labor laws;
(j) Federal minimum wage;
(k) U.S. Department of Labor (1321);
(l) Contractor’s EEO Policy; and
(m) The company EEO Officer’s name and telephone number.
(2) If a bulletin board is not practical (e.g., no field office), the project superintendent may keep the bulletin board requirements in a notebook in his or her vehicle.
(Ord. 131-05, passed 10-17-2005)