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Minnesota Department of Transportation EEO Special Provisions
<br />Office of Civil Rights 07/12
<br />REQUIRED CONTRACT PROVISIONS (cont.)
<br />b. The contractor or subcontractor shall not discriminate on the
<br />basis of race, color, national origin, or sex in the performance of
<br />this contract. The contractor shall carry out applicable
<br />requirements of 49 CFR Part 26 in the award and administration
<br />of DOT -assisted contracts. Failure by the contractor to carry out
<br />these requirements is a material breach of this contract, which
<br />may result in the termination of this contract or such other
<br />remedy as the contracting agency deems appropriate.
<br />11. Records and Reports: The contractor shall keep such
<br />records as necessary to document compliance with the EEO
<br />requirements. Such records shall be retained for a period of three
<br />years following the date of the final payment to the contractor for
<br />all contract work and shall be available at reasonable times and
<br />places for inspection by authorized representatives of the
<br />contracting agency and the FHWA.
<br />a. The records kept by the contractor shall document the
<br />following:
<br />(1) The number and work hours of minority and non -minority
<br />group members and women employed in each work
<br />classification on the project;
<br />(2) The progress and efforts being made in cooperation with
<br />unions, when applicable, to increase employment opportunities
<br />for minorities and women; and
<br />(3) The progress and efforts being made in locating, hiring,
<br />training, qualifying, and upgrading minorities and women;
<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 -
<br />minority group employees currently engaged in each work
<br />classification required by the contract work. This information is
<br />to be reported on Form FHWA-1391. The staffing data should
<br />represent the project work force on board in all or any part of the
<br />last payroll period preceding the end of July. If on-the-job
<br />training is being required by special provision, the contractor will
<br />be required to collect and report training data. The employment
<br />data should reflect the work force on board during all or any part
<br />of the last payroll period preceding the end of July.
<br />III. NONSEGREGATED FACILITIES
<br />This provision is applicable to all Federal -aid construction
<br />contracts and to all related construction subcontracts of $10,000
<br />or more.
<br />The contractor must ensure that facilities provided for employees
<br />are provided in such a manner that segregation on the basis of
<br />race, color, religion, sex, 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
<br />employees are not assigned to perform their services at any
<br />location, under the contractor's control, where the facilities are
<br />segregated. The term "facilities" includes waiting rooms, work
<br />areas, restaurants and other eating areas, time clocks, restrooms,
<br />washrooms, locker rooms, and other storage or dressing areas,
<br />parking lots, drinking fountains, recreation or entertainment
<br />areas, transportation, and housing provided for employees. The
<br />contractor shall provide separate or single -user restrooms and
<br />necessary dressing or sleeping areas to assure privacy between
<br />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). The requirements
<br />apply to all projects located within the right-of-way of a roadway
<br />that is functionally classified as Federal -aid highway. This
<br />excludes roadways functionally classified as local roads or rural
<br />minor collectors, which are exempt. Contracting agencies may
<br />elect to apply these requirements to other projects.
<br />The following provisions are from the U.S. Department of Labor
<br />regulations in 29 CFR 5.5 "Contract provisions and related
<br />matters" with minor revisions to conform to the FHWA-1273
<br />format and FHWA program requirements.
<br />1. Minimum wages
<br />a. All laborers and mechanics employed or working upon the
<br />site of the work, will be paid unconditionally and not less often
<br />than once a week, and without subsequent deduction or rebate on
<br />any account (except such payroll deductions as are permitted by
<br />regulations issued by the Secretary of Labor under the Copeland
<br />Act (29 CFR part 3)), the full amount of wages and bona fide
<br />fringe benefits (or cash equivalents thereof) due at time of
<br />payment computed at rates not less than those contained in the
<br />wage determination of the Secretary of Labor which is attached
<br />hereto and made a part hereof, regardless of any contractual
<br />relationship which may be alleged to exist between the contractor
<br />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
<br />behalf of laborers or mechanics are considered wages paid to
<br />such laborers or mechanics, subject to the provisions of
<br />paragraph I .d. of this section; also, regular contributions made or
<br />costs incurred for more than a weekly period (but not less often
<br />than quarterly) under plans, funds, or programs which cover the
<br />particular weekly period, are deemed to be constructively made
<br />or incurred during such weekly period. Such laborers and
<br />mechanics shall be paid the appropriate wage rate and fringe
<br />benefits on the wage determination for the classification of work
<br />actually performed, without regard to skill, except as provided in
<br />29 CFR 5.5(a)(4). Laborers or mechanics performing work in
<br />more than one classification may be compensated at the rate
<br />specified for each classification for the time actually worked
<br />therein: Provided, That the employer's payroll records accurately
<br />set forth the time spent in each classification in which work is
<br />performed. The wage determination (including any additional
<br />classification and wage rates conformed under paragraph 1.b. of
<br />EEO Page 30
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