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DocuSign Envelope ID:07C464C4-FDB6-434A-A01 B-558064E4E858
<br /> PO#:461001815
<br /> Routing#:22-HA3-ZG-00070
<br /> b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the
<br /> project, indicating the number of minority, women, and non-minority group employees currently engaged in each work
<br /> classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data
<br /> should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-
<br /> the-job training is being required by special provision,the contractor will be required to collect and report training data. The
<br /> employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of
<br /> July
<br /> I11. NON-SEGREGATED FACILITIES
<br /> This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of$10,000 or more.
<br /> The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race,
<br /> color,religion,sex,or national origin cannot result. The contractor may neither require such segregated use by written or oral policies
<br /> nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned
<br /> to perform their services at any location,under the contractor's control, where the facilities are segregated. The term "facilities"
<br /> includes waiting rooms,work areas,restaurants and other eating areas,time clocks,restrooms,washrooms,locker rooms,and other
<br /> storage or dressing areas,parking lots,drinking fountains,recreation or entertainment areas,transportation,and housing provided for
<br /> employees The contractor shall provide separate or single-user restrooms and 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 projects exceeding$2,000 and to all related subcontracts and lower-tier
<br /> subcontracts(regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway
<br /> that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor
<br /> collectors,which are exempt.Contracting agencies may elect to apply these requirements to other projects.
<br /> The following provisions are from the U.S.Department of Labor regulations in 29 CFR 5.5"Contract provisions and related matters"
<br /> with minor revisions to conform to the FHWA-1273 format and FHWA program requirements
<br /> 1. Minimum wages
<br /> a. All laborers and mechanics employed or working upon the site of the work,will be paid unconditionally and not less often
<br /> than once a week,and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted
<br /> by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)),the full amount of wages and bona
<br /> fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less than those contained in
<br /> the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any
<br /> contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
<br /> Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-Bacon
<br /> Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of
<br /> paragraph l.d.of this section;also,regular contributions made or costs incurred for more than a weekly period(but not less
<br /> often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be
<br /> constructively made or incurred during such weekly period.Such laborers and mechanics shall be paid the appropriate wage
<br /> rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill,
<br /> except as provided in 29 CFR 5.5(a)(4) Laborers or mechanics performing work in more than one classification may be
<br /> compensated at the rate specified for each classification for the time actually worked therein:Provided,That the employer's
<br /> payroll records accurately set forth the time spent in each classification in which work is performed.The wage determination
<br /> (including any additional classification and wage rates conformed under paragraph l.b.of this section)and the Davis-Bacon
<br /> poster(WH-1321)shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent
<br /> and accessible place where it can be easily seen by the workers.
<br /> b.
<br /> (1) The contracting officer shall require that any class of laborers or mechanics,including helpers,which is not listed in
<br /> the wage determination and which is to be employed under the contract shall be classified in conformance with the
<br /> wage determination.The contracting officer shall approve an additional classification and wage rate and fringe benefits
<br /> therefore only when the following criteria have been met:
<br /> (i) The work to be performed by the classification requested is not performed by a classification in the wage
<br /> determination;and
<br /> (ii) The classification is utilized in the area by the construction industry;and
<br /> (iii) The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to the wage rates
<br /> contained in the wage determination.
<br /> (2) If the contractor and the laborers and mechanics to be employed in the classification(if known),or their representatives,
<br /> and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits
<br /> where appropriate),a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage
<br /> and Hour Division,Employment Standards Administration,U.S.Department of Labor,Washington,DC 20210.The
<br /> Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification
<br /> action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the
<br /> 30-day period that additional time is necessary.
<br /> (3) In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives,and
<br /> the contracting officer do not agree on the proposed classification and wage rate(including the amount designated for
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