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job training 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 />
<br /> a. By ~submission of this bid, the execution of this contract or
<br />subcontract, ortho consummation of this matedal supply agreement
<br />or purchase order, as appropriate, the bidder, Federal-aid construc-
<br />tion contractor, subcontractor, matedal supplier, or vendor, as
<br />appropriate, certifies that the firm does not maintain or provide for its
<br />employees any segregated facilities at any of its establishments, and
<br />that the firm does not permit its employees to perform their services
<br />at any location, under its control, where segregated facilities are
<br />maintained. The firm agrees that a breach of this certification is a
<br />violation of the EEO provisions of this contract. The firm further
<br />certifies that no employee will be denied access to adequate facilities
<br />on the basis of sex or disability.
<br />
<br /> b~ As used in this certification, the term "segregated facilities"
<br />means any waiting rooms, work areas, restmoms and washrooms,
<br />restaurants and other eating areas, timeciocks, locker moms, and
<br />other storage or dressing areas, parking lots, ddnking fountains,
<br />recreation or entertainment areas, transportation, and housing
<br />facilities provided for employees which are segregated by explicit
<br />directive, or are, in fact, segregated on the basis of race, color,
<br />religion, national origin, age or disability, because of habit, local
<br />custom, or othenNise. 'The only exception will be for the disabled
<br />when the demands for accessibility override (e.g. disabled parking).
<br />
<br /> c. The contractor agrees that it has obtained or will obtain
<br />identical certification from proposed subcontmctore or matedal
<br />suppliers prior to award of subcontracts or consummation of material
<br />supply agreements of $10,000 or more and that it will retain such
<br />certifications in its tiles.
<br />
<br />IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
<br />
<br /> (Applicable to all Federal-aid construction contracts exceeding
<br />$2,000 and to all related subcontracts, except for projects located on
<br />roadways classified as local roads or rural minor collectors, which are
<br />exempt.)
<br />
<br /> 1. General:
<br />
<br /> a. All mechanics and.laborers employed orworking upon the
<br />site of the work will be paid unconditionally and not less often than
<br />once a week and without subsequent deduction or rebate on any
<br />account [except such payroll deductions as are permitted by
<br />regulations (29 CFR 3) issued by the Secretary of Labor under the
<br />Copeiand Act (40 U.S.C. 276c)] the full amounts of wages and bona
<br />fide fringe benefits (or cash equivalents thereof) due at time of
<br />payment. The payment shall be computed at wage rates not less
<br />than those contained in the wage determination of the Secretary of
<br />Labor (hereinafter "the wage determination") which is attached hereto
<br />and made a part hereof, mcjardless of any contractual relationship
<br />which may be alleged to exist bet~veen the contractor or its subcon-
<br />tractors and such laborers and mechanics. The wage determination
<br />(including any additional classifications and wage rates conformed
<br />under paragraph 2 of this Section IV and the DOL poster (WH-1321)
<br />or Form FHWA-1495) shall be posted at all times by the contractor
<br />and~its subcontractors at the site of the work in a prominent and
<br />accessible place where it can be easily seen by the workers. For the
<br />purpose of this Section, contributions made or costs reasonably
<br />anticipated for bona fide tinge benefits under Section 1(b)(2) of the
<br />Davis-Bacon Act (40 U.S.C. 276a)on behalf of laborers or mechan-
<br />ics are considered wages paid to such laporars or mechanics,
<br />subject to the provisions of Section IV, paragraph 3b, hereof. Aisc,
<br />for the purpose of this Section, regular conthbutions made or costs
<br />incurred for more than a weekly period (but not less often than
<br />~ quarterly) under plans, funds, or programs, which coverthe particular
<br />weekly period, are deemed to be constructively made or incurred
<br />during such weekly period. Such laborare and mechanics shall be
<br />paid the appropriate wage rate and fringe honer'ds on the wage
<br />determination for the classification of work actually performed,
<br />without regard to skill, except as provided in paragraphs 4 and 5 of
<br />this Section IV.
<br />
<br /> b. Laborers or mechanics performing wbrk in more than one
<br /> classification may be compen§ated at the rate specified for each
<br /> classification for the time actually Worked therein, provided, that the
<br /> employer's payroll records accurately set forth the time spent in each
<br />
<br />Form FHWA-1273 (Rev. 3-94)
<br />
<br />classification in which work is performed.
<br />
<br /> c. All rulings and interpretations of the Davis-Bacon Act and
<br />related acts contained in 29 CFR 1, 3, and 5 are herein incorporated
<br />by reference in this contracL
<br />
<br /> 2. Classification:
<br />
<br /> a. The SHA contracting officer shall require that any class of
<br />laborers or mechanics employed under the contract, which is not
<br />listed in the wage determination, shall be classified in conformance
<br />with the wage determination.
<br />
<br /> b. The contracting officer shall approve an additional classifi-
<br />cation, wage rate and fringe benefits only when the following criteria
<br />have been met:
<br />
<br /> (1) the work to be Performed by the additional classifica-
<br />tion requested is not Performed by a classification in the wage
<br />determination;
<br />
<br /> (2) the additional classification is utilized in the area bythe
<br />construction industry;
<br />
<br /> (3) the proposed wage rate including any bona fide fringe,
<br />benefits, bears a reasonable relationship to the wage rates conta nec
<br />in the wage determination; and
<br />
<br /> (4) with respect to helpers, when such a classification
<br />prevails in the area in which the work is performed.
<br />
<br /> c. If the contractor or subcontractors, as appropriate, the
<br />laborers and mechanics (if known) to be employed in the additional
<br />classification or their representatives, and the contracting officer
<br />agree on the classification and wage rate (including the amount
<br />designated for fringe benefits where appropriate), a report of the
<br />action taken shall be sent by the contracting officer to the DOL,
<br />Administrator of the Wage and Hour Division, Employment Stan-
<br />dards Administration, Washington', D.C. 20210. The Wage and Hour
<br />Administrator, or an authorized representative, will approve, modify,
<br />or disapprove every additional classification action within 30 days of
<br />receipt and so advise the contracting officer or will notify the
<br />contracting officer within the 30-day pedod that additional time is
<br />necessary.
<br />
<br /> d. In the event the contractor or subcontractors, as appropri-
<br />ate, the laborers or mechanics to be employed in the additional
<br />classification or their representatives, .and the contracting officer do
<br />not agree on the proposed classification and wage rate (including the
<br />amount designated for fringe benefits, where appropriate), the
<br />contacting officer shall.refer the questions, including the vie~..of all
<br />interested parties and the recommendation of the contracting omcer,
<br />to the Wage and Hour Administrator for determination. Said
<br />Administrator, or an authorized representative, will issue a determi-
<br />nation within 30 days of receipt and so advise the contracting officer
<br />or will notify the contracting officer within the 30-day period that
<br />additional time is necessary
<br />
<br /> e. The wage rate (including fringe benefits where appropriate)
<br /> determined pursuant to paragraph 2c or 2d of this Section IV snail be
<br /> paid to all workers performing work in the additional cla.s.sifi.ca, tion
<br /> from the first day on which work is performed in the classincat~on.
<br />
<br /> 3. Payment of Fringe Benefits:
<br /> a. Whenever the minimum wage rate prescribed in the
<br /> cent]act for a class of laborers or mechanics includes a fringe
<br /> benefit which is not expressed as an hourly rate, the contractor or
<br /> subcontractors, as appropriate, shall either pay the benefit as stated
<br /> in the wage determination or shall pay another bona fide fringe
<br /> benefit or an hourly case equivalent thereof.
<br />
<br /> b. If the contractor or subcontractor, as appropriate, does not
<br /> make payments to a trustee or other third 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 undera plan or program, provided, that the Secretary
<br /> of Labor has found, upon the written request of the contractor, that
<br /> the applicable standards of the Davis-Bacon Act have been met.
<br /> The Secretary of Labor may require the contractor to set aside in a
<br /> separate account assets for the meeting of obligations under the plan
<br /> or program.
<br />
<br /> 4. Apprentices and Trainees (Prograros of the U.S. DOL)and
<br />
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