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EXHIBIT "C"
<br />Local Assistance Procedures Manual
<br />b. The contractors and subcontractors will submit an annual
<br />report to the contracting agency each July for the duration of the
<br />project indicating the number of minority, women, and non -minority
<br />group employees currently engaged in each work classification
<br />required by the contract work. This information is to be reported on
<br />Form FHWA-1391. The staffing data should represent the project
<br />work force on board in all or any part of the last payroll period
<br />preceding the end of July. If on-the-job training is being required by
<br />special provision, the contractor will be required to collect and report
<br />training data. The employment data should reflect the work force on
<br />board during all or any part of the last payroll period preceding the
<br />end of July.
<br />III. NONSEGREGATED FACILITIES
<br />This provision is applicable to all Federal -aid construction contracts
<br />and to all related construction subcontracts of more than $10,000.
<br />41 CFR 60-1.5.
<br />As prescribed by 41 CFR 60-1.8, the contractor must ensure that
<br />facilities provided for employees are provided in such a manner that
<br />segregation on the basis of race, color, religion, sex, sexual
<br />orientation, gender identity, or national origin cannot result. The
<br />contractor may neither require such segregated use by written or
<br />oral policies nor tolerate such use by employee custom. The
<br />contractor's obligation extends further to ensure that its employees
<br />are not assigned to perform their services at any location under the
<br />contractor's control where the facilities are segregated. The term
<br />"facilities" includes waiting rooms, work areas, restaurants and other
<br />eating areas, time clocks, restrooms, washrooms, locker rooms and
<br />other storage or dressing areas, parking lots, drinking fountains,
<br />recreation or entertainment areas, transportation, and housing
<br />provided for employees. The contractor shall provide separate or
<br />single -user restrooms and necessary dressing or sleeping areas to
<br />assure privacy between sexes.
<br />IV. DAVIS-BACON AND RELATED ACT PROVISIONS
<br />This section is applicable to all Federal -aid construction projects
<br />exceeding $2,000 and to all related subcontracts and lower -tier
<br />subcontracts (regardless of subcontract size), in accordance with 29
<br />CFR 5.5. The requirements apply to all projects located within the
<br />right-of-way of a roadway that is functionally classified as Federal -
<br />aid highway. 23 U.S.C. 113. This excludes roadways functionally
<br />classified as local roads or rural minor collectors, which are exempt.
<br />23 U.S.C. 101. Where applicable law requires that projects be
<br />treated as a project on a Federal -aid highway, the provisions of this
<br />subpart will apply regardless of the location of the project. Examples
<br />include: Surface Transportation Block Grant Program projects
<br />funded under 23 U.S.C. 133 [excluding recreational trails projects],
<br />the Nationally Significant Freight and Highway Projects funded
<br />under 23 U.S.C. 117, and National Highway Freight Program
<br />projects funded under 23 U.S.C. 167.
<br />The following provisions are from the U.S. Department of Labor
<br />regulations in 29 CFR 5.5 "Contract provisions and related matters"
<br />with minor revisions to conform to the FHWA-1273 format and
<br />FHWA program requirements.
<br />Exhibit 12-G
<br />Required Federal -Aid Contract Language
<br />1. Minimum wages (29 CFR 5.5)
<br />a. All laborers and mechanics employed or working upon the site
<br />of the work, will be paid unconditionally and not less often than once
<br />a week, and without subsequent deduction or rebate on any account
<br />(except such payroll deductions as are permitted by regulations
<br />issued by the Secretary of Labor under the Copeland Act (29 CFR
<br />part 3)), the full amount of wages and bona fide fringe benefits (or
<br />cash equivalents thereof) due at time of payment computed at rates
<br />not less than those contained in the wage determination of the
<br />Secretary of Labor which is attached hereto and made a part hereof,
<br />regardless of any contractual relationship which may be alleged to
<br />exist between the contractor and such laborers and mechanics.
<br />Contributions made or costs reasonably anticipated for bona fide
<br />fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf
<br />of laborers or mechanics are considered wages paid to such laborers
<br />or mechanics, subject to the provisions of paragraph 1.d. of this
<br />section; also, regular contributions made or costs incurred for more
<br />than a weekly period (but not less often than quarterly) under plans,
<br />funds, or programs which cover the particular weekly period, are
<br />deemed to be constructively made or incurred during such weekly
<br />period. Such laborers and mechanics shall be paid the appropriate
<br />wage rate and fringe benefits on the wage determination for the
<br />classification of work actually performed, without regard to skill,
<br />except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics
<br />performing work in more than one classification may be
<br />compensated at the rate specified for each classification for the time
<br />actually worked therein: Provided, That the employer's payroll
<br />records accurately set forth the time spent in each classification in
<br />which work is performed. The wage determination (including any
<br />additional classification and wage rates conformed under paragraph
<br />1.b. of this section) and the Davis -Bacon poster (WH-1321) shall be
<br />posted at all times by the contractor and its subcontractors at the site
<br />of the work in a prominent and accessible place where it can be
<br />easily seen by the workers.
<br />b. (1) The contracting officer shall require that any class of
<br />laborers or mechanics, including helpers, which is not listed in
<br />the wage determination and which is to be employed under the
<br />contract shall be classified in conformance with the wage
<br />determination. The contracting officer shall approve an
<br />additional classification and wage rate and fringe benefits
<br />therefore only when the following criteria have been met:
<br />(i) The work to be performed by the classification requested is
<br />not performed by a classification in the wage determination;
<br />and
<br />(ii) The classification is utilized in the area by the construction
<br />industry; and
<br />(iii) The proposed wage rate, including any bona fide fringe
<br />benefits, bears a reasonable relationship to the wage rates
<br />contained in the wage determination.
<br />(2) If the contractor and the laborers and mechanics to be
<br />employed in the classification (if known), or their
<br />representatives, and the contracting officer agree on the
<br />classification and wage rate (including the amount designated
<br />for fringe benefits where appropriate), a report of the action
<br />taken shall be sent by the contracting officer to the Administrator
<br />of the Wage and Hour Division, U.S. Department of Labor,
<br />Washington, DC 20210. The Administrator, or an authorized
<br />representative, will approve, modify, or disapprove every
<br />additional classification action within 30 days of receipt and so
<br />advise the contracting officer or will notify the contracting officer
<br />within the 30-day period that additional time is necessary.
<br />Page 13 of 28
<br />August 2022
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