|
DocuSign Envelope ID: 27562A39-54B9-4980-BOFD-AE1DCBC76974
<br />will be required to collect and report training data. The
<br />employment data should retied the work force on board during
<br />all or any part of the last payroll period preceding the end of
<br />July.
<br />III. NONSEGREGATED FACILITIES
<br />This provision Is applicable to all Fadefal-ald construction
<br />contracts and to all related constnrction subcontracts of
<br />$10,000 or more.
<br />The contractor must ensure that facilities provided for
<br />employees are provided In such a manner that segregation on
<br />the basis of macs, color, reborn, sex, or national origin cannot
<br />mull. The contractor may neither require such segregated
<br />use by mitten or oral policies nor tolerate such use by
<br />employee custom. The contractor's obligation extends further
<br />to ensure that Its employees are not assigned to perform their
<br />services at any location, under the contractors control, where
<br />the facilities are segregated. The tent "WHIles" Includes
<br />waiting rooms, work areas, restaurants and other eating areas,
<br />time clocks, restrooms, washrooms, locker rooms, and other
<br />storage or dressing areas, parking lots, drinking fountains,
<br />recreation or entwtainment areas, transportation, and housing
<br />provided for employees. The contractor shall provide separate
<br />or single -user restrooms and necessary dressing or steeping
<br />areas to assure privacy between sexes.
<br />IV. DAVIS• 3ACON AND RELATED ACT PROVISIONS
<br />This section is applicable to all Fedenal-aid construction
<br />projects exceeding $2,000 and to all related subcontracts and
<br />lower --tier subcontracts {regardless of subcontract size). The
<br />requirements apply to all projects located within the right-of-
<br />way of a roadway that is functionally classified as Federal -aid
<br />highway. This excludes roadways functionally classified as
<br />local roads or rural minor collectors, which are exempt.
<br />Contracting agendas may elect to apply these requirements to
<br />other projects.
<br />The following provisions are from the U.S. Department of
<br />Labor regulations in 29 CFR 5.5 "Contract provisions and
<br />related matter" with minor revisions to conform to the FHWA-
<br />1273 format and FHWA program requirements.
<br />1. Minimum wages
<br />a. All laborers and mechanics employed or working upon
<br />the site of the work, Will be paid unconditionally and not less
<br />often than once a week, and without subsequent dedudlon or
<br />rebate on any account (except such payroll deductions as are
<br />permitted by regutations issued by the Secretary of Labor
<br />under the Copeland Act (29 CFR part 3)), the full amount of
<br />wages and bona fide fringe benefits (or cash equivalents
<br />thereat) due at time of payment computed at rates not less
<br />than those contained in the wage determination of the
<br />Secretary of Labor which is attached hereto and made a part
<br />hereof, regardless of any contradioal reladdnship which may
<br />be alleged to exist betweeriihe contractor and such laborers
<br />and mechanics.
<br />Contributions made or costs reasonably anticipated for bona
<br />fide fringe benefits under section 1(bM2) of qts Davis -Bacot
<br />Act on behalf of laborais or mechahice are considered wages
<br />paid to such laborers or mechanics; subject to the provismrts
<br />of paragraph 1.d, of this section; also, regular contributions
<br />made or costa incurred for more than a weekly period (but not
<br />less often than quarterly) under plans, funds, or programs
<br />which cover the particular weekly period, are deemed to be
<br />constructively made or Incurred during such weekly period.
<br />Such laborers and mechanics shall be paid the appropriate
<br />wage rate and fringe benefits on the wage determination for
<br />the dessification of work actually performed, without regard to
<br />skill, except as provided in 29 CFR 5.5(a)(4). Laborers or
<br />mechanics performing work in more than one classification
<br />may be compensated at the rate specified for each
<br />classification for the time actually worked therein: Provided,
<br />That the employer's payroll records accurately set forth the
<br />time spent in each classification in which work is performed.
<br />The wage determination (Including any additional classification
<br />and wage rates conformed under paragraph t.b. of this
<br />section) and the Davis -Bacon poster (WH -1321) strati be
<br />posted at all times by the contractor and its subcontractors at
<br />the site of the work in a prominent and accessible place where
<br />it can be easily seen by the workers.
<br />b.(1) The contracting officer shall require that arty class of
<br />laborers or mechanics, Including helpers, which is not listed in
<br />the wage determination and which is to be employed under the
<br />contract shall be classified in conformance with the wage
<br />determination. The contracting officer shall approve an
<br />additional classification and wage rate and fringe benefits
<br />therefore only when the following criteria have been met:
<br />() The work to be performed by the classification
<br />requested is not performed by a classification in the wage
<br />determination; and
<br />(fl) The classification is utilized in the arca by the
<br />construction industry: and
<br />(M) The proposed wage rate, including any bona fide
<br />hinge benefits, bears a reasonable relationship to the
<br />wage rates contained In the wage detemtinallon.,
<br />(2) If the contractor and the laborers and mechanics to be
<br />employed In the classification (N known), or their
<br />representatives, and the contracting officer agree on the
<br />classification and wage rate (including the amount
<br />designated for fringe benefits where appropriate), a report of
<br />the action taken shall be sent by the contracting officer to the
<br />Administrator of the Wage and Hour Division. Employment
<br />Standards Administration. U.S. Department of Labor,
<br />Washington, DC 20210. The Administrator, or an authorized
<br />representative. will approve, modify, or disapprove every
<br />additional classification action within 30 days of receipt and
<br />so advise the contracting officer or will notify the contracting
<br />officer within the 30 -day period that additional time Is
<br />necessary.
<br />(3) in the event the contractor, the laborers or mechanics
<br />to be employed tri the classification or their representatives,
<br />and the contracting officer do not agree on the proposed
<br />classification and wage rate (incbudhrg the amount
<br />designated for fringe benefits, More appropriate), the
<br />contracting officer shalt refer the questions, inducting the
<br />views of all interested parties and the recommendation of the
<br />contracting offcar, to the Wage and Hour Administrator for
<br />determination. The Wage and Hour Administrator, or an
<br />authorized representative, will issue a determination within
<br />30 days of receipt and so advise the contracts ilofbicer or
<br />P55
<br />
|