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<br /> (1)The number and work hours of minority and non- Projects funded under 23 U.S.C. 117,and National Highway I
<br /> minority group members and women employed in each work Freight Program projects funded under 23 U.S.C. 167.
<br /> classification on the project;
<br /> The following provisions are from the U.S. Department of Labor
<br /> (2)The progress and efforts being made in cooperation regulations in 29 CFR 5.5"Contract provisions and relatedI
<br /> with unions,when applicable,to increase employment matters"with minor revisions to conform to the FHWA-1273
<br /> opportunities for minorities and women;and format and FHWA program requirements.
<br /> (3)The progress and efforts being made in locating, hiring,
<br /> training,qualifying,and upgrading minorities and women. 1. Minimum wages(29 CFR 5.5)
<br /> b. The contractors and subcontractors will submit an annual a. All laborers and mechanics employed or working upon
<br /> report to the contracting agency each July for the duration of the site of the work,will be paid unconditionally and not less I
<br /> the project indicating the number of minority,women,and non- often than once a week,and without subsequent deduction or
<br /> minority group employees currently engaged in each work rebate on any account(except such payroll deductions as are
<br /> classification required by the contract work.This information is permitted by regulations issued by the Secretary of Labor
<br /> to be reported on Form FHWA-1391.The staffing data should under the Copeland Act(29 CFR part 3)),the full amount of
<br /> represent the project work force on board in all or any part of wages and bona fide fringe benefits(or cash equivalentsI
<br /> the last payroll period preceding the end of July.If on-the-job thereof)due at time of payment computed at rates not less
<br /> training is being required by special provision,the contractor than those contained in the wage determination of the
<br /> will be required to collect and report training data.The Secretary of Labor which is attached hereto and made a part
<br /> employment data should reflect the work force on board during hereof, regardless of any contractual relationship which may I
<br /> all or any part of the last payroll period preceding the end of be alleged to exist between the contractor and such laborers
<br /> July. and mechanics.
<br /> III.NONSEGREGATED FACILITIES Contributions made or costs reasonably anticipated for bona I
<br /> fide fringe benefits under section 1(b)(2)of the Davis-Bacon Act
<br /> This provision is applicable to all Federal-aid construction on behalf of laborers or mechanics are considered wages paid
<br /> contracts and to all related construction subcontracts of more to such laborers or mechanics,subject to the provisions of
<br /> than$10,000.41 CFR 60-1.5. paragraph 1.d.of this section;also, regular contributions made I
<br /> or costs incurred for more than a weekly period(but not less
<br /> As prescribed by 41 CFR 60-1.8,the contractor must ensure often than quarterly)under plans,funds,or programs which
<br /> that facilities provided for employees are provided in such a cover the particular weekly period,are deemed to be
<br /> manner that segregation on the basis of race,color,religion, constructively made or incurred during such weekly period.
<br /> sex,sexual orientation,gender identity,or national origin cannot Such laborers and mechanics shall be paid the appropriateI
<br /> result.The contractor may neither require such segregated use wage rate and fringe benefits on the wage determination for the
<br /> by written or oral policies nor tolerate such use by employee classification of work actually performed,without regard to skill,
<br /> custom.The contractor's obligation extends further to ensure except as provided in 29 CFR 5.5(a)(4).Laborers or mechanics
<br /> that its employees are not assigned to perform their services at performing work in more than one classification may be
<br /> any location under the contractor's control where the facilities compensated at the rate specified for each classification for the
<br /> are segregated.The term"facilities"includes waiting rooms, time actually worked therein:Provided,That the employer's
<br /> work areas,restaurants and other eating areas,time clocks, payroll records accurately set forth the time spent in each
<br /> restrooms,washrooms,locker rooms and other storage or classification in which work is performed.The wage
<br /> dressing areas,parking lots,drinking fountains,recreation or determination(including any additional classification and wageI
<br /> entertainment areas,transportation,and housing provided for rates conformed under paragraph 1.b. of this section)and the
<br /> employees.The contractor shall provide separate or single-user Davis-Bacon poster(WH-1321)shall be posted at all times by
<br /> restrooms and necessary dressing or sleeping areas to assure the contractor and its subcontractors at the site of the work in a
<br /> privacy between sexes. prominent and accessible place where it can be easily seen by
<br /> the workers.
<br /> IV. DAVIS-BACON AND RELATED ACT PROVISIONS b.(1)The contracting officer shall require that any class of
<br /> laborers or mechanics, including helpers,which is not listed in
<br /> This section is applicable to all Federal-aid construction the wage determination and which is to be employed under the
<br /> projects exceeding$2,000 and to all related subcontracts and contract shall be classified in conformance with the wage
<br /> lower-tier subcontracts(regardless of subcontract size),in determination.The contracting officer shall approve an additional classification and wage rate and fringe benefits
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<br /> accordance with 29 CFR 5.5.The requirements apply to all fits projects located within the right-of-way of a roadway that is therefore only when the following criteria have been met:
<br /> functionally classified as Federal-aid highway.23 U.S.C. 113.
<br /> This excludes roadways functionally classified as local roads or (i)The work to be performed by the classification
<br /> rural minor collectors,which are exempt.23 U.S.C. 101. requested is not performed by a classification in the wage I
<br /> Where applicable law requires that projects be treated as a determination;and
<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 (ii)The classification is utilized in the area bythe
<br /> funded under 23 U.S.C. 133[excluding recreational trails construction industry;andI
<br /> projects],the Nationally Significant Freight and Highway
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