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