Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 7401 - Contract Administration › Chapter 04000 - Statements and Payrolls › Purpose › Section 37-1-7401-04000-101

Current through June 25, 2024
The rule conforms to Section 110 of the
Mississippi Standard Specifications for Road and Bridge
						Construction
, Title 29 of the
Code of Federal
						Regulations
, Title 23 of the
United States Code
, the
Davis-Bacon Act
and the
U.S. Department of
						Labor
and
The Fair Labor Standards Manual to the Congressional
						Accountability Act
. Forms mentioned may be obtained by contacting
						Contract Administration.
1.
Predetermination of prevailing wage rates
Each contractor and
					 subcontractor must submit 2 copies of form CAD-880 to the Project Engineer and
					 County Engineer weekly. One of such will be forwarded to the Compliance
					 Officer. Such information is utilized to determine future wage rates.
2.
Weekly Labor Payrolls and Weekly
					 Summary of Wage Rates
Once work has begun on a contract, the contractor
					 and/or subcontractor will be required to submit two copies of his/her weekly
					 payroll, forms CAD-880 and CAD-881 (which can be obtained from Contract
					 Administration), on all Federal-Aid projects and two copies of his/her weekly
					 payroll, form CAD-880, on all 100% State Funded projects. If no work is
					 completed, the contractor/subcontractor will be required to submit a negative
					 (NO WORK) statement for the period. When work is completed and a weekly payroll
					 is FINAL, such must be noted thereon. The Project Engineer has one week to
					 check the payrolls and forward such to the Compliance Officer. The warrant will
					 not be issued to the Contractor for payment of the monthly estimate if the
					 required payroll reports have not been received.
3.
Detection of Violation and the
					 withholding of Unpaid Wages and Liquidated Damages
- The rule conforms to
					 the
Work Hours Act of 1962
. Violations will be computed and
					 recorded on form CAD-882 by the Compliance Officer. A copy of such will be
					 forwarded to the Contractor to serve as notification of the violation. Action
					 required to rectify the violation will be shown on this copy. The violation may
					 not be cleared until the Compliance Officer has received a supplemental
					 payroll, proof of restitution signed by the employee, letter of explanation
					 from the contractor and a final determination by the Federal Highway
					 Administration and/or the Secretary of Labor.
4.
Labor Regulations (Employee
					 Interviews)
the rule complies with
Federal Highway
					 Administration Regulations
requiring labor compliance interviews of
					 employees of contractors and subcontractors on all Federal-Aid projects. Form
					 CAD-440 will be the reporting instrument in this instance.
5.
Employee Information
					 Requirements
the rule complies with
U.S. Department of Labor
					 Regulations
. Contractors and Subcontractors are required to display
					 information on Federal-Aid projects. Posters PR-1022, FHWA 1495, EEO Poster and
					 Job & Health Protection. Wage rates as published by the Department of
					 Labor, the company EEO policy statement, a letter stating the companies EEO
					 Officer, MBE Liaison Officer, and Safety Officer, a letter to the Project
					 Engineer designating a responsible person and alternate along with their
					 telephone numbers to implement the traffic control plan, Job Superintendent
					 information, 404 permit (when required), and the name and telephone numbers of
					 physicians, hospitals, and/or ambulances must be posted.
6.
Non-Discrimination Construction
					 Contracts
the rule conforms to Title 49
Code of Federal
					 Regulations
, Title VI of
the Civil Rights Act of 1964
and Title 42
U.S. Code
.
7.
Annual Equal Opportunity Reports by
					 Contractors and Subcontractors on Federal-Aid Projects
the rule conforms
					 to the
Federal Highway Administration Regulations
. The
					 regulations require each prime contractor and subcontractor who holds a
					 subcontract of $10,000 or more to submit annual reports on Form FHWA-1391. The
					 Compliance Officer will submit the FHWA-1391 to the prime contractor each year.
					 The prime contractor will furnish such to the subcontractors as
					 needed.
8.
On-the-Job
					 Training Programs
the rule conforms to the
Federal Highway
					 Administration Regulations
, Special Provisions No. 907-906-2 of the
Federal Transmittal No. 147 dated June 26, 1975
. When trainees
					 are required and prior to commencing construction, the contractor shall submit
					 to the Compliance Officer /Contract Administration Division for approval, the
					 selected classification and the approximate start date of each trainee. When
					 each trainee is assigned to a project, the contractor will immediately submit
					 Form FHWA-320 in duplicate directly to the Compliance Officer/Contract
					 Administration Division. Notification will be forwarded to the Project Engineer
					 and daily statements regarding the trainee will be maintained in the project
					 diary. The contractor will complete form CAD-685 weekly and submit such to the
					 Project Engineer and the trainee will be interviewed at least once during
					 his/her training program using form CAD-440 on Federal-Aid projects. Full and
					 proper documentation of the contractors' activity is very important because
					 training represents a pay item under the contract. 102 Electronic links to all
					 materials referenced (manuals, laws, regulations, etc.) relative to the
					 Administrative Procedures Act Rules for the Contract Administration Division
					 may be accessed via the department's internet website as follows:
http://www.gomdot.com