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(1) The number and work hours of minority and non -
<br />minority group members and women employed in each work
<br />classification on the project;
<br />(2) The progress and efforts being made in cooperation
<br />with unions, when applicable, to increase employment
<br />opportunities for minorities and women; and
<br />(3) The progress and efforts being made in locating, hiring,
<br />training, qualifying, and upgrading minorities and women.
<br />b. The contractors and subcontractors will submit an annual
<br />report to the contracting agency each July for the duration of
<br />the project indicating the number of minority, women, and non -
<br />minority group employees currently engaged in each work
<br />classification required by the contract work. This information is
<br />to be reported on Form FHWA-1391. The staffing data should
<br />represent the project work force on board in all or any part of
<br />the last payroll period preceding the end of July. If on-the-job
<br />training is being required by special provision, the contractor
<br />will be required to collect and report training data. The
<br />employment data should reflect 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 Federal -aid construction
<br />contracts and to all related construction subcontracts of more
<br />than $10,000. 41 CFR 60-1.5.
<br />As prescribed by 41 CFR 60-1.8, the contractor must ensure
<br />that facilities provided for employees are provided in such a
<br />manner that segregation on the basis of race, color, religion,
<br />sex, sexual orientation, gender identity, or national origin
<br />cannot result. The contractor may neither require such
<br />segregated use by written or oral policies nor tolerate such use
<br />by employee custom. The contractor's obligation extends
<br />further to ensure that its employees are not assigned to
<br />perform their services at any location under the contractor's
<br />control where the facilities are segregated. The term "facilities"
<br />includes waiting rooms, work areas, restaurants and other
<br />eating areas, time clocks, restrooms, washrooms, locker
<br />rooms and other storage or dressing areas, parking lots,
<br />drinking fountains, recreation or entertainment areas,
<br />transportation, and housing provided for employees. The
<br />contractor shall provide separate or single -user restrooms and
<br />necessary dressing or sleeping areas to assure privacy
<br />between sexes.
<br />IV. DAVIS-BACON AND RELATED ACT PROVISIONS
<br />This section is applicable to all Federal -aid construction
<br />projects exceeding $2,000 and to all related subcontracts and
<br />lower -tier subcontracts (regardless of subcontract size), in
<br />accordance with 29 CFR 5.5. The requirements apply to all
<br />projects located within the right-of-way of a roadway that is
<br />functionally classified as Federal -aid highway. 23 U.S.C. 113.
<br />This excludes roadways functionally classified as local roads
<br />or rural minor collectors, which are exempt. 23 U.S.C. 101.
<br />Where applicable law requires that projects be treated as a
<br />project on a Federal -aid highway, the provisions of this subpart
<br />will apply regardless of the location of the project. Examples
<br />include: Surface Transportation Block Grant Program projects
<br />funded under 23 U.S.C. 133 [excluding recreational trails
<br />projects], the Nationally Significant Freight and Highway
<br />Projects funded under 23 U.S.C. 117, and National Highway
<br />Freight Program projects funded under 23 U.S.C. 167.
<br />The following provisions are from the U.S. Department of
<br />Labor regulations in 29 CFR 5.5 "Contract provisions and
<br />related matters" with minor revisions to conform to the FHWA-
<br />1273 format and FHWA program requirements.
<br />1. Minimum wages (29 CFR 5.5)
<br />a. Wage rates and fringe benefits. All laborers and
<br />mechanics employed or working upon the site of the work (or
<br />otherwise working in construction or development of the
<br />project under a development statute), will be paid
<br />unconditionally and not less often than once a week, and
<br />without subsequent deduction or rebate on any account
<br />(except such payroll deductions as are permitted by
<br />regulations issued by the Secretary of Labor under the
<br />Copeland Act (29 CFR part 3)), the full amount of basic hourly
<br />wages and bona fide fringe benefits (or cash equivalents
<br />thereof) 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 contractual relationship which may
<br />be alleged to exist between the contractor and such laborers
<br />and mechanics. As provided in paragraphs (d) and (e) of 29
<br />CFR 5.5, the appropriate wage determinations are effective by
<br />operation of law even if they have not been attached to the
<br />contract. Contributions made or costs reasonably anticipated
<br />for bona fide fringe benefits under the Davis -Bacon Act 40
<br />U.S.C. 3141(2)(B)1 on behalf of laborers or mechanics are
<br />considered wages paid to such laborers or mechanics, subject
<br />to the provisions of paragraph 1.e. of this section; also, regular
<br />contributions made or costs incurred for more than a weekly
<br />period (but not less often than quarterly) under plans, funds, or
<br />programs which cover the particular weekly period, are
<br />deemed to be constructively made or incurred during such
<br />weekly period. Such laborers and mechanics must be paid the
<br />appropriate wage rate and fringe benefits on the wage
<br />determination for the classification(s) of work actually
<br />performed, without regard to skill, except as provided in
<br />paragraph 4. of this section. Laborers or mechanics performing
<br />work in more than one classification may be compensated at
<br />the rate specified for each classification for the time actually
<br />worked therein: Provided, That the employer's payroll records
<br />accurately set forth the time spent in each classification in
<br />which work is performed. The wage determination (including
<br />any additional classifications and wage rates conformed under
<br />paragraph 1.c. of this section) and the Davis -Bacon poster
<br />(WH -1321) must be posted at all times by the contractor and
<br />its subcontractors at the site of the work in a prominent and
<br />accessible place where it can be easily seen by the workers.
<br />b. Frequently recurring classifications. (1) In addition to wage
<br />and fringe benefit rates that have been determined to be
<br />prevailing under the procedures set forth in 29 CFR part 1, a
<br />wage determination may contain, pursuant to § 1.3(f), wage
<br />and fringe benefit rates for classifications of laborers and
<br />mechanics for which conformance requests are regularly
<br />submitted pursuant to paragraph 1.c. of this section, provided
<br />that:
<br />(i) The work performed by the classification is not
<br />performed by a classification in the wage determination for
<br />which a prevailing wage rate has been determined;
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