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EXHIBIT 12-E Local Assistance Procedures Manual
<br />Attachment B IPS&E Checklist Instructions
<br />wOl be required to collect and report training data- The
<br />emptoymsnt data should reflect She work tome. on board during
<br />all Or any part of the test payroll period preceding the end of
<br />July -
<br />111. NONSEGREGATED FACILITIES
<br />This provisicii is applicable to all Fedemt-aid construction
<br />contracts and to all related corstmetion subcontracts of
<br />$10,090 or more -
<br />The contractor must ensure that f rcisliliies provided fur
<br />employees are provided in such a manner that segregator on
<br />the ibasis of race, color, refigion� sex, or national origin cannot
<br />result The contractor may neither require such segrogated
<br />use by written or oral policies nor tolerate such use by
<br />employee custom. The contractor'sobiigadon extends further
<br />to ensure that its employees are not assigned to perform their
<br />services at any location under the contractors control, where
<br />the facilf ies are segregated. The term "facilities" includes
<br />waiting rooms, work areas, restaurants and other eating areas,.
<br />time clocks, reatments, washrooms, locker rooms, and other
<br />storage orrtressing areas, parsing lots, drinking fountains,
<br />recreation or entertainment areas, transportation, and housing
<br />pmvidedforemployess. The contractor shall provide separate
<br />or single -tater rest ems and necessary dressing or sleeping
<br />areas to assure privacy behvcen sewer
<br />IV. DAVIS-BACON AND RELATED ACT PROVISIONS
<br />This section is applicable to all Federal -aid ooistmetion
<br />projects exceeding $2,000 and be al[ related subcontracts and
<br />lower --tier subcontracts (regardless of subcontract size). The
<br />requirements applyto all projects located within the right-of-
<br />way of a roadway that is functionally classified as Federal -aid
<br />highway- This excludes roadways functionally classified as
<br />local reads or rare[ minor collectors, which are exempt
<br />Cordmdirg agencies may elect to aptly these requiremenis to
<br />other Projects.
<br />The folkawing praWshoms; are from the U -S- Department of
<br />Labor regulations in 29 CFR 5.5 'Contract provisions and
<br />related maters" with minor revisionsto conform to the FHWA-
<br />1273 format and FHWA program requirements.
<br />1. Minimum wages
<br />a. All laborers and mechanics employed orwodring upon
<br />the site of the work, will be (raid unconditionally and not less
<br />often than once a week, and withal subsequent deduction or
<br />rebate on any account (except such payroll deductions as are
<br />permitted by regulations issued by the Secretary of Labor
<br />under the Copeland Act (29 CFR pad 3)), the full amourd of
<br />wages and bona fide fringe benefits (or cash equivalents
<br />thereat) due at time of payment computed at rates not less
<br />duan those contained in the wage determination of the
<br />Sectary of Labor which is alrached hereto and made a. pard
<br />hereof, regardless of any contractual relationship which may
<br />be allegedto exist between the contractor and such laborers
<br />and mechaNce.
<br />Contributionsmade or rests reasonably anticipated for bona
<br />fide fringe benefits under section 1(b)(2) of the Davis -Bacon
<br />Act on behalf of laborers or mechanics are considered wages
<br />paid to such laborers or mechanics, subject to the provisions
<br />Page 12-14
<br />July 31, 2012
<br />Of Paragraph td. of this sGUM else, regularconfibutions
<br />made or costs incurred for more them a weekly pored (but not
<br />less often Phan quarterly) under purrs, funds, or programs
<br />which. cover the Particular weekly pe<ridd, are deemed to he
<br />constructively made or incurred during such weekly period.
<br />Such laborers and mechanics shall be paid the appropriate
<br />wage rate and fringe benefits on the wage delamtinadion for
<br />the classification of work actually performed, without regard to
<br />skill, except as provided in 29 CFR -9.5(a)(4). Laborers or
<br />mechanics performing work In more than one crasswcation
<br />may be compensated at the rate sPectfied for each
<br />class ficadon for the time actually wcgdked therein: Pmvicied,
<br />That the employers payrol€ records accurately set ford, the
<br />time spent in each classification in Which work is performed.
<br />The wage determination (including any additional chassigcation
<br />and wage rotes conformed Under paragraph t -b, of this
<br />section) and ft Davis-Bamn poster (WH -1321) shall be
<br />Posted at all times bythe contractor and its subcontractors of
<br />the site of the work in a prominent and accessible place where
<br />it can be easily seen by the workem-
<br />b.(1) The contracting officer shall require that any class of
<br />laborers or mechanics, including helpers, which is not flsfed in
<br />the wage determination and which Is to be employed under the
<br />contact 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 />0) The work to be performed by the classification
<br />requested is not Performed by a classification in the wage.
<br />deiemiinagon, and
<br />(ii) The clasaifiUnion is ufilVed in the area by the
<br />c:anstruoion industry, and
<br />(iii) The Proposed war9e fats, including any bona fide
<br />fringe benefits, bears a reasonable relationship bathe
<br />wage rates 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 oificer:agree on the
<br />classification and wage rate (including Eke amount
<br />designated for fringe benefits where appropriate), a report of
<br />Me action taken shall be sent by the contracting officer to the
<br />AAdministrator of the Wage and Hour Division, Employment
<br />Standards Administration, U.S. Departmentof Labor,
<br />Washington, DC 20210. The Adiffir si etor, or an authorized
<br />representative, will approve, m O*, orolsappmve every
<br />additiorel classification action withhn 30 days of receipt and
<br />SO advise Che cordraeft oftcer Of Will notify the contracting
<br />officer within the 30 -day period that additional finis is
<br />necessary.
<br />(3) In the event the contractor, the laborers or mechanics
<br />to be employed in the classification or their representatives,
<br />antl the contracting officer do not agree or the proposed
<br />classification and wage rate Mc[udlrg the amount
<br />designated for fringe benefits, where appropriate), the
<br />contracting officer shall refer the questions, including the
<br />views of all iriterested Partes and the racommendatkn of the
<br />contracting officer, to the Wage and your Administrator for
<br />determination. The Wage and HdurAdminist mier, or an
<br />authorized repfesentallve, will Issue a determination within
<br />30 days of receipt and so advise the contracting officer or
<br />OR 12-05
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