will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July
it. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of
310,000 or more.
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result, The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom The contractor's obligation extends further
to ensure thal its employees are not assigned to perform their
services al any location, under the contractor's control, where
the facilities are segregated. The term “facilities" Includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lols, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single-user restrooms and necessary dressing or sleeping
areas to assure privacy belween sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
fower-tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-of-
way of a roadway that is functionally classified as Federal-aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
The following provisions are from the U.S. Department of
Labor regulations In 29 CFR 5.5 “Contract provisions and
related maiters” with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1, Minimum wages
a All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and nof less
offen than once a week, and withoul subsequent deduction or
rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not tess
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardiess of any contractuat relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contribulions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages
pald to such laborers or mechanics, subject to the provisions
of paragraph 1.d. of this section; also, regular contributions
made or costs Incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, of programs
which cover the particular weekly period, are deemed {fo be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided In 29 CFR §.5(a)(4}. Laborers or
mechanics performing work in more than one classification
may be compensated al the rate specified for each
classification for the time actually worked therein: Provided,
That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis-Bacon poster (WH-1321) shail be
posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
b (1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which Is to be employed under the
contract shail be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
{i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is utilized in the area by the
construction Industry; and
(i!) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) if the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage raie (including the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S Department of Labor,
Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is
necessary.
(3) In the event the contractor, the taborers or mechanics
to be employed in the classification or their representatives.
and the contracting officer do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the
contracting officer shall refer ihe questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Wage and Hour Administrator for
delerminalion. The Wage and Hour Administrator, or an
authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or
