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each July for the duration of the project, indicating the number of
<br />minority, women, and non -minority group employees currently
<br />engaged in each work classification required by the contract work.
<br />This information is lobe reported on Form FHWA-1391. If on -the
<br />job training is being required by special provision, the contractor will
<br />be required to collect and report training data.
<br />ill. NONSEGREGATED FACILITIES
<br />(Applicable to all Federal -aid construction contracts and to all
<br />related subcontracts of Si0,000 or more.)
<br />a. By submission of this bid, the execution of this contract or
<br />subcontract, or the consummation of this material supply agreement
<br />or purchase order, as appropriate, the bidder, Federal -aid construc-
<br />tion contractor, subcontractor, material supplier, or vendor, as
<br />appropriate, certlfes that the firm does not maintain or provide for its
<br />employees any segregated facilities at any of its establishments, and
<br />that the firm does not permit its employees to perform their services
<br />at any location, under its control, where segregated facilities are
<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
<br />certifies that no employee will be denied access to adequate facilities
<br />on the basis of sex or disability.
<br />b. As used in this certification, the term "segregated facilities"
<br />means any waiting rooms, work areas. restrooms and washrooms,
<br />restaurants and other eating areas, timeclocks, locker rooms, and
<br />other storage or dressing areas, parking lots, drinking fountains,
<br />recreation or entertainment areas, transportation, and housing
<br />facilities provided for employees which are segregated by explicit
<br />directive, or are, in fact, segregated on the basis of race, color,
<br />religion, national origin, age or dlsabliity, because of habit, local
<br />custom, or otherwise. The only exception will be for the disabled
<br />when the demands for accessibility override (e.g. disabled parking).
<br />c. The contractor agrees that it has obtained or will obtain
<br />Identical certification from proposed subcontractors or material
<br />suppliers prior to award ofsubcontracts or consummatlon of material
<br />supply agreements of $10,000 or more and that it will retain such
<br />certifications in its files.
<br />IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
<br />(Applicable to all Federal -aid construction contracts exceeding
<br />$2,000 and to all related subcontracts, exceppt for projects located on
<br />roadways classified as local roads or rural minorcoil eclors, which are
<br />exernp t.)
<br />1. General:
<br />a. All mechanics and laborers employed or working upon the
<br />site of the work will be paid unconditionally and not less oflen than
<br />once a week and without subsequent deduction or rebate on any
<br />account (except such payroll deductions as are permitted by
<br />regulations (29 CFR 3) issued by the Secretary of Labor under the
<br />Copeland Act (40 U.S.C. 276c)) the full amounts of wages and bona
<br />fide fringe benefits (or cash equivalents thereof) due at time of
<br />payment. The payment shall be computed at wage rates not less
<br />than those contained in the wage determination of the Secretary of
<br />Labor (hereinafter"the wage determination") which is attached hereto
<br />and made a part hereof, regardless of any contractual relationship
<br />which may be alleged to exist between the contractor or its subcon-
<br />tractors and such laborers and mechanics. The wage determination
<br />(including any additional classifications and wage rates conformed
<br />under paragraph 2 of this Section I V and the DOL poster (WH -1321
<br />or Form FHWA-1495) shall be posted at all times by the contractor
<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
<br />purpose of this Section, contributions made or costs reasonably
<br />anticipated for bona fide fringe benefits under Section 1(b)(2) of the
<br />Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics
<br />are considered wages paid to such laborers or mechanics, subject to
<br />the provisions of Section IV, paragraph 3b, hereof. Also, for the
<br />purpose of this Section, regular contributions made or costs incurred
<br />for more than a weekly period (but not less often than quariedyyy)
<br />under plans, funds, or programs, which cover the particular weekry
<br />period, are deemed to be constructively made or incurred during sucFFri
<br />weekly period. Such laborers and mechanics shall be pard the
<br />appropriate wage rate and fringe benefits on the wage determination
<br />for the classification of work actually performed, without regard to
<br />skill, except as provided In paragraphs 4 and 5 of this Section IV.
<br />b. Laborers or mechanics performing work in more than one
<br />classification may be compensated at the rate specified for each
<br />classification for the time actually worked therein, provided, that the
<br />employyeer's payroll records accurately set forth the time spent in each
<br />classification in which work is performed.
<br />c. All rulings and interpretations of the Davis -Bacon Act and
<br />related acts contained in 29 CFR 1, 3, and 5 are herein Incorporated
<br />by reference in this contract.
<br />2. Classification:
<br />a. The SHA contracting officer shall require that any class of
<br />laborers or mechanics employed under the contract, which is not
<br />listed in the wage determination, shalt be classified In conformance
<br />with the wage determination.
<br />b. The contracting of iicershall approve an additional ciassifica-
<br />lion, wage rate and fringe benefits only when the following criteria
<br />have been met:
<br />(1) the work to be performed by the additional classifica-
<br />tion requested is not performed by a classification in the wage
<br />determination;
<br />(2) the additional classification is utilized in the area by the
<br />construction industry;
<br />(3) the proposed wage rate, Including any bona fide fringe
<br />benefits, bears a reasonable relationship to the wage rales contained
<br />in the wage determination: and
<br />(4) with respect to helpers, when such a classification
<br />prevalls In the area in which the work Is performed.
<br />c. If the contractor or subcontractors, as appropriate, the
<br />laborers and mechanics (if known) to be employed in the additional
<br />classification or their representatives, and the contracting officer
<br />agree on the classification and wage rate lincluding the amount
<br />designated for fringe benefits where appropriate}, a report of the
<br />action taken shall be sent by the contracting officer to the DOL,
<br />Administrator of the Wage and Hour Division, Employment Standards
<br />Administration, Washington, D.C. 20210. The Wage and Hour
<br />Administrator, or an authorized representative, will approve, modify,
<br />or disapprove every additional classification action within 30 days of
<br />receipt and so advise the contracting officeror will notify the contract-
<br />ing officer within the 30 -day period that additional time is necessary.
<br />d. In the event the contractor or subcontractors, as appropri-
<br />ate, the laborers or mechanics to be employed In the additional
<br />classification or their representatives, and the contracting officer do
<br />not agree on the proposed classification and wage rate (including the
<br />amount designated for fringe benefits, where appropriate), the
<br />contracting officer shall refer the questions, including the views of all
<br />Interested parties and the recommendation of the contracting officer,
<br />to the Wage and Hour Administrator for determination. Said
<br />Administrator, or an authorized representative, will issue a determina-
<br />tion within 30 days of receipt and so advise the contracting officer or
<br />will notify the contracting officer within the 30 -day period that
<br />additional time is necessary
<br />e. The wage rate (including fringe benefits where appropriate)
<br />determined pursuant to paragraph 2c or 2d of this Section IV shall be
<br />paid to all workers performing work In the additional classification
<br />from the first day on which work Is performed in the classification.
<br />3. Payment of Fringe Benefits:
<br />a. Whenever the minimumwage rate prescribed in the contract
<br />for a class of laborers or mechanics includes a fringe benefit which
<br />Is not expressed as an hourly rate, the contractor or subcontractors,
<br />as appropriate, shall either pay the benefit as stated in the wage
<br />determination or shall pay another bona fide fringe benefit or an
<br />hourly case equivalent thereof.
<br />b. If the contractor or subcontractor, as appropriate, does not
<br />make payments to a trustee or other third person, he/she may
<br />consider as a part of the wages of any laborer or mechanic the
<br />amount of any costs reasonably anticipated in providing bona fide
<br />fringe benefits under a plan or program, provided, that the Secretary
<br />of tabor has found, upon the written request of the contractor, that
<br />the applicable standards oftheDavis-Bacon Act have been met. The
<br />Secretary of Labor may require ine contractor to set aside In a
<br />separate of
<br />assets For the meeting of obligations underthe plan
<br />or program,
<br />Form FHWA•1273 (Rev. 3-94) Page 3
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