|
<br />)
<br />
<br />each July for the duration of the pro;ect. indicating the number of
<br />millOrtty. women, and non-minority group employees currently
<br />enpa9ed in each work classification required by the contract work.
<br />ThIs Information is 10 be reported on Form FHWA-1391. If on-the
<br />job traming is being required by special provision, the contractor will
<br />be required to collect and report training data.
<br />
<br />III. NONSEGREGATED FACILITIES
<br />
<br />(Applicable to all Federal-aid construction contracts and to all
<br />related subcontracts of $10,000 or more.)
<br />a. By submission of this bid, Ihe 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 construe.
<br />lion contractor, subcontractor, material supplier, or vendor, as
<br />appropriale, certifies that the firm does nol maintain or provide for its
<br />employees any segregated facilities at any of its establishmenls, and
<br />that (he firm does not pennit its employees to perform their services
<br />at any location, under ils control, where segr~ated facilities are
<br />maintained, The firm agrees that a breach of lhls certification is a
<br />violation of the EEO provisions of this contract. The firm further
<br />certifies that no employee W'ill be denied access to adequate facilities
<br />on the basis of se)!; or disability,
<br />b. As used in this certification, the (erm .segregated facilities"
<br />means any waiting rooms, work areas, restrooms and washrooms,
<br />restaurants and other eating areas, timectocks, locker rooms, and
<br />other storage or dressing areas, parking lots, drinking fountains,
<br />recr~tion or entertainment areas, transportalion, and housina
<br />facilities provided for employees which are segregated by expliCIt
<br />directive, or are, in fad, segregated on the basis of race, color,
<br />reltgion, national origin, age or disabmty, because of habit. local
<br />:~~rheo~e~~en~~~r a~:s~~rt~x:~~~~ ~1.lg~~i~~rb~~ ~~i~:f
<br />
<br />
<br />c. The contractor agrees that it has obtained or will obtain
<br />identical certification from proposed subcontractors or malerial
<br />suppliers prior to award of subcontracts or consummalion of malerial
<br />supply agreements of $10,000 or more and that it will relain such
<br />certifICations in its files.
<br />
<br />IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
<br />
<br />, )
<br />
<br />(Applicable to aU Federaleaid construction contracts exceeding
<br />$2,000 and to all related subcontracts, except forprojecls located on
<br />roadways classified as local roads or rural mlllor colleclors, which are
<br />exempt)
<br />1. General:
<br />a. All mechanics and laborers employed or working upon the
<br />site of the work will be paid unconditionally and nol less often than
<br />once a week and without subsequenl deduction or rebate on any
<br />account (except such payroll deduclions as are permitted by
<br />regulations (29 CFR 3) issued by Ihe Secretary of labor under the
<br />Copeland Act (40 U.S.C. 276c)) !he lull amounts of wages and bona
<br />fide fringe benefits (or cash equivalents thereof) due a1 time of
<br />rha~~~e ~~~~~dj~tl::a~~: :r:~t~~t~~nW;Pt~~a~~~r~~~~~f
<br />
<br />labor (hereinafter "'the wage delenninationR) which is attached hereto
<br />and made a part hereof, regardless of any contractual relationship
<br />which may be alleged 10 exist between lhe contractor or its subcon.
<br />tractors and such laborers and mechanics. lhe wage delermination
<br />(including any additional cfassifications and wage rales conformed
<br />
<br />~~~~~a~':f~K~l~~~JI~~~le~o;'~e~n~II~~ ~~;s~:;re(~~~;~~1
<br />
<br />and its subcontractors al the site of the work in a prominent and
<br />accessible place where it can be easily seen by the workers. For Ihe
<br />purpose of this Section, contributions made or costs reasonably
<br />
<br />~~~t-"~:;,~o~~~~ ~d~.~~ji6~)~r:~~?:r~:~~ ~~~J,~fn\~
<br />
<br />are considered wages paid 10 such laborers or mechanics, subjec1lo
<br />the provisions of Section IV, paragraph 3b, hereof. Also, for the
<br />purpose of this Seclion, regular contributions made or costs incurred
<br />for more than a weekty period (but not less often than Quarterly)
<br />under plans, funds, or programs, which cover the particular weekly
<br />period, are deemed to be conslruclively made or incurred during soch
<br />weekly period. Such laborers and mechanics shall be paid the
<br />appropriate ~ge.rate and fringe benefits on the wage determination
<br />for the clbssiflcahon of work actually performed, without regard 10
<br />skill, except as provided in paragraphs 4 and 5 of Ihis Seclion IV.
<br />
<br />Form FHWA-1273 (Rev. 3-94)
<br />
<br />b. Laborers or mechanics performing work in more than one
<br />classificalion may be compensated at the rale specified fOf each
<br />classification for the time actually worked Iherein, provided. that the
<br />
<br />~1~r~fl~~air:o~~O~~:~~~~6~~s:J.'Orth the lime spent in each
<br />
<br />
<br />c. All rulings and interpretations of lhe Davis.Sacon Act and
<br />related acts conlained in 29 CFR 1, 3, and 5 are herein mcorporaled
<br />by reference in this conlrad.
<br />
<br />2. Classification:
<br />
<br />a. The SHA contracting officer shall require that any class of
<br />laborers or mechanics employed under the contrad, which is not
<br />
<br />~:~ ~~ ~g~e~e:~;:t~~~ion, shalf be classified in conformance
<br />
<br />
<br />b. The contracting officershaU approve an additional ciassifica.
<br />lion, wage rate and fringe benefits only when lhe following criteria
<br />have been met:
<br />
<br />(1) the work to be performed by the addilional classir,ca-
<br />tion requested is not performed by a classification in the wage
<br />detennination;
<br />(2) the additional classification is utilized in the area by the
<br />construction industry;
<br />(3) the proposed wage rale, including any bona fide fringe
<br />benefits, beam a reasonable relationship to the wage rates contained
<br />in the wage determination; and
<br />(4) with respect to helpers, when such a classification
<br />prevails in the area in which the work is perfonned.
<br />c. tf the contraclor or subcontractors, as appropriate, the
<br />laborers and mechanics (if known) 10 be employed in the. additional
<br />classifrcation or their represenlalives, and the contractIng officer
<br />agree on the classification and wage rale (including the amount
<br />designated for fringe benefits where approprialel, a report of the
<br />action taken shall be senl by the contracting officer to the DOL,
<br />Administratorof Ihe Wage and Hour Division, Employment Standards
<br />Administralion. Washington, D.C. 20210. The Wage and Hour
<br />Administrator, or an authorized representative, will approve, modify,
<br />or disapprove every additional classificalion adion within 30 days of
<br />f~g~~:c~~~~~d,~:e3~.~~~~~8,~f~~~~~~: ti~~~h:e:=~~
<br />ale, th~ ~b:::;V~~I:ee~~~f~4~r ~~ S~~~i~:~c(~r~h:s aa!~~~~i
<br />
<br />classiflC81ion or their representatives, and the conlracting officer do
<br />not agree on the proposed classificalion and wage rale (including the
<br />
<br />~~n~~n~i~;~iffi~:~~~~~e~~~f~e ~:n~S~di~g~P~::~'Ofl~:
<br />
<br />interested parties and the recommendalion of the contracting offteer,
<br />to the Wage and Hour Admintslrator lor delermination. SaKI
<br />Administrator, or an authorized represenlalive, will issue adetermina-
<br />lion wilhin 30 days of receipt and so advise (he contracting offjcer or
<br />will notify the contracting officer within the 30..(tay period that
<br />additional lime is necessary
<br />
<br />e. The wage rate (includin9 fringe benefits where appropriate)
<br />determined pursuant to~aragr8ptl2c or 2d of Ihis Section IV shall be
<br />
<br />~~ :~ea~rs~;~nP~~~~~ ~~e~~~~1~i:~~n~~a~I:~~~~~i~n
<br />
<br />3. Payment of fringe Benefits:
<br />a. Whenever Ihe minimum wage rate prescribed in the contract
<br />for a class of laborers or mechanics includes a fringe benefil which
<br />is not expressed as an hourly rate, the conlractor or subcontractors.
<br />as appropriate, shall either pay the benefit as stated in the wage
<br />detennination or shall pay another bona fide fringe benefit or an
<br />hourly case equivalentlhereof.
<br />b. If Ihe conlraclor or subcontractor, as appropriate, does not
<br />make payments to a trustee or olher lhird 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, provkled. that the Secretary
<br />of labor has found, upon the written request of the contraclor, lhat
<br />the applicable standards Of the Oavis.Bacon Act have been met. The
<br />Secrelary of Labor may require Ihe contractor 10 set aside in a
<br />separaLe account assets fOf the meeting of obligations under the plan
<br />or program,
<br />
<br />Page 3
<br />
<br />82
<br />
|