110Miscellaneous Provisions

110.1-COMMON CARRIER RATES: The common carrier rates and taxes which are current on the date of opening the bids shall be considered as applicable to all items subject to transportation charges there under. 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 sixty (60) days after final acceptance of the work. If such rates or taxes are thereafter reduced by public authority on any materials entering into and forming a part of the Contract, an am ount 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. 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. 110.2-MINIMUM WAGE DETERMINATIONS: The Contractor shall comply with the requirements of the Davis-Bacon Act on all Federal- aid construction projects, as applicable. 110.3-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: 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. Contractors and subcontractors are required to give written notice to any labor union with which they have a c ollective 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 en forced and any breach of them will be regarded as a material breach of the Contract. 94