|
each July for the duration of the project, indicating the number of b . Laborers or mechanics performing work in more
<br /> than one
<br /> minority, women , and non-minority group employees currently classification may be compensated at the rate specified
<br /> for each
<br /> engaged in each work classification required by the contract work . classification for the time actually worked therein , provided , that
<br /> the
<br /> This information is to be reported on Form FHWA- 1391 . If on -the employer's payroll records accurately set forth the time spent in each
<br /> job training is being required by special provision , the contractor will classification in which work is performed .
<br /> be required to collect and report training data .
<br /> c. All rulings and interpretations of the Davis-Bacon Act and
<br /> III . NONSEGREGATED FACILITIES related acts contained in 29 CFR 1 , 3 , and 5 are herein incorporated
<br /> (Applicable to all Federal-aid construction contracts and to all by reference in this contract.
<br /> related subcontracts of $ 10 , 000 or more . ) 2 . Classification :
<br /> a . By submission of this bid , the execution of this contract or a . The SHA contracting officer shall require that any
<br /> class of
<br /> subcontract, or the consummation of this material supply agreement laborers or mechanics employed under the contract, which is not
<br /> or purchase order, as appropriate , the bidder, Federal-aid construc- listed in the wage determination , shall be classified in conformance
<br /> tion contractor, subcontractor, material supplier, or vendor, as with the wage determination .
<br /> appropriate , certifies that the firm does not maintain or provide for its
<br /> employees any segregated facilities at any of its establishments , and b . The contracting officer shall approve an additional classifica-
<br /> that the firm does not permit its employees to perform their services tion , wage rate and fringe benefits only when the following
<br /> criteria
<br /> at any location , under its control , where segregated facilities are have been met:
<br /> maintained . The firm agrees that a breach of this certification is a
<br /> violation of the EEO provisions of this contract. The firm further ( 1 ) the work to be performed by the additional
<br /> classifica-
<br /> certifies that no employee will be denied access to adequate facilities tion requested is not performed by a classification
<br /> in the wage
<br /> on the basis of sex or disability. determination ;
<br /> b . As used in this certification , the term "segregated facilities" (2 ) the additional classification is utilized in the area by the
<br /> means any waiting rooms , work areas , restrooms and washrooms , construction industry;
<br /> restaurants and other eating areas , timeclocks , locker rooms , and
<br /> other storage or dressing areas , parking lots, drinking fountains , ( 3 ) the proposed wage rate , including any bona fide fringe
<br /> recreation or entertainment areas , transportation , and housing benefits , bears a reasonable relationship to the wage rates
<br /> contained
<br /> facilities provided for employees which are segregated by explicit in the wage determination ; and
<br /> directive , or are , in fact, segregated on the basis of race , color,
<br /> religion , national origin , age or disability, because of habit, local (4 ) with respect to helpers , when such
<br /> a classification
<br /> custom , or otherwise . The only exception will be for the disabled prevails in the area in which the work is performed .
<br /> when the demands for accessibility override (e. g . disabled parking ) .
<br /> c. If the contractor or subcontractors , as appropriate, the
<br /> c. The contractor agrees that it has obtained or will obtain laborers and mechanics (if known ) to be employed in the additional
<br /> identical certification from proposed subcontractors or material classification or their representatives , and the contracting
<br /> officer
<br /> suppliers prior to award of subcontracts or consummation of material agree on the classification and wage rate (including the amount
<br /> supply agreements of $ 10 , 000 or more and that it will retain such designated for fringe benefits where appropriate ) , a
<br /> report of the
<br /> certifications in its files . action taken shall be sent by the contracting officer to the DOL ,
<br /> Administrator of the Wage and Hour Division , Employment Standards
<br /> IV. PAYMENT OF PREDETERMINED MINIMUM WAGE Administration , Washington , D . C . 20210 . The Wage and Hour
<br /> Administrator, or an authorized representative , will approve, modify ,
<br /> (Applicable to all Federal-aid construction contracts exceeding or disapprove every additional classification action within 30 days of
<br /> $2 , 000 and to all related subcontracts , except for projects located on receipt and so advise the contracting officer orwill notify the contract-
<br /> roadways classified as local roads or rural minor collectors , which are ing officer within the 30-day period that additional time is necessary.
<br /> exempt. )
<br /> d . In the event the contractor or subcontractors, as appropri-
<br /> 1 . General : ate , the laborers or mechanics to be employed in the additional
<br /> classification or their representatives , and the contracting officer do
<br /> a . All mechanics and laborers employed or working upon the not agree on the proposed classification and wage rate ( including the
<br /> site of the work will be paid unconditionally and not less often than amount designated for fringe benefits , where appropriate)
<br />, the
<br /> once a week and without subsequent deduction or rebate on any contracting officer shall refer the questions , including the views
<br />of all
<br /> account [except such payroll deductions as are permitted by interested parties and the recommendation of the contracting
<br /> officer,
<br /> regulations (29 CFR 3) issued by the Secretary of Labor under the to the Wage and Hour Administrator for determination
<br />. Said
<br /> Copeland Act (40 U . S . C . 276c)] the full amounts of wages and bona Administrator, oran authorized representative , will issue a determina-
<br /> fide fringe benefits (or cash equivalents thereof) due at time of tion within 30 days of receipt and so advise the contracting
<br /> officer or
<br /> payment. The payment shall be computed at wage rates not less will notify the contracting officer within the 30-day
<br /> period that
<br /> than those contained in the wage determination of the Secretary of additional time is necessary
<br /> Labor ( hereinafter "the wage determination ") which is attached hereto
<br /> and made a part hereof, regardless of any contractual relationship e . The wage rate ( including fringe benefits where appropriate )
<br /> which may be alleged to exist between the contractor or its subcon - determined pursuant to paragraph 2c or 2d of this Section IV shall be
<br /> tractors and such laborers and mechanics . The wage determination paid to all workers performing work in the additional classification
<br /> (including any additional classifications and wage rates conformed from the first day on which work is performed in the classification
<br />.
<br /> under paragraph 2 of this Section IV and the DOL poster (WH- 1321 )
<br /> or Form FHWA- 1495) shall be posted at all times by the contractor 3 . Payment of Fringe Benefits :
<br /> and its subcontractors at the site of the work in a prominent and
<br /> accessible place where it can be easily seen by the workers . For the a . Whenever the minimum wage rate prescribed in the contract
<br /> purpose of this Section , contributions made or costs reasonably for a class of laborers or mechanics includes a fringe benefit
<br /> which
<br /> anticipated for bona fide fringe benefits under Section 1 ( b)(2 ) of the is not expressed as an hourly rate , the contractor or subcontractors
<br />,
<br /> Davis-Bacon Act (40 U . S . C . 276a ) on behalf of laborersor mechanics as appropriate , shall either pay the benefit as stated in the
<br /> wage
<br /> are considered wages paid to such laborers or mechanics , subject to determination or shall pay another bona fide fringe benefit
<br />or an
<br /> the provisions of Section IV, paragraph 3b , hereof. Also , for the hourly case equivalent thereof.
<br /> purpose of this Section , regular contributions made or costs incurred
<br /> for more than a weekly period ( but not less often than quarterly) b . If the contractor or subcontractor, as appropriate
<br />, does not
<br /> under plans , funds, or programs , which cover the particular weekly make payments to a trustee or other third person ,
<br />he/she may
<br /> period , are deemed to be constructively made or incurred during such consider as a part of the wages of any laborer or mechanic
<br /> the
<br /> weekly period . Such laborers and mechanics shall be paid the amount of any costs reasonably anticipated in providing bona
<br /> fide
<br /> appropriate wage rate and fringe benefits on the wage determination fringe benefits under a plan or program , provided , that the Secretary
<br /> for the classification of work actually performed , without regard to of Labor has found , upon the written request of the contractor,
<br /> that
<br /> skill , except as provided in paragraphs 4 and 5 of this Section IV. the applicable standards of the Davis-Bacon Act have been met. The
<br /> Secretary of Labor may require the contractor to set aside in a
<br /> separate account assets for the meeting of obligations under the plan
<br /> or program .
<br /> Form FHWA- 1273 ( Rev . 3-94 ) Page 3
<br />
|