Federal-aid Program Administration

Archived: see https://www.fhwa.dot.gov/specialfunding/adhs/ for current information.

Approved Criteria for Appalachian Development Highway System

Attachment 4 Additional Information Relative to 23 CFR 633.B Appendix B

Formerly Federal-aid Policy Guide Non-Regulatory Supplement NS 23 CFR, Part 633B,
December 9, 1991, Transmittal 1
See Order 1321.1C FHWA Directives Management

1. Purpose. To implement revisions to the Federal Highway Administration (FHWA) Form PR 1316, Required Contract Provisions Appalachian Development Highway System and Local Access Roads Construction Contracts, required as a result of changes in the Contract Work Hours and Safety Standards Act. These changes were signed into law on November 8, 1985, as a part of the FY 86 Defense Authorization Act.
2. Comments
   1. Implementation of the changes will require revision of the PR 1316. The attached addendum is being issued on an emergency basis in order to adopt those changes which required immediate implementation.
   2. The Attachment shall remain in effect until a revised FHWA Form PR 1316 is issued, incorporating all DOL changes and other changes which have occurred since the last revision of the PR 1316.
3. Action. Contracting agencies shall implement the revisions to the existing FHWA contract provisions in FHWA Form PR 1316 by incorporating the attached addendum in all Appalachian Development Highway System and Local Access Roads Construction Contracts for projects awarded on or after January 1, 1986.

   ADDENDUM TO FHWA FORM PR 1316, REQUIRED CONTRACT PROVISIONS APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM AND LOCAL ACCESS ROADS CONSTRUCTION CONTRACTS

   Under Section VI, replace paragraphs 8a and b with the following new paragraphs:

   8. Overtime requirements.

   1. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen or guards (including apprentices and trainees described in paragraphs 5 and 6 above) shall require or permit any laborer, mechanic, watchman or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman or guard receives compensation at a rate not less than one and one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such work week.
   2. In the event of any violation of paragraph 8a, the contractor and any subcontractor responsible therefore shall be liable to any affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman or guard employed in violation of paragraph 8a, in the sum of $10.00 for each calendar day on which such employee was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by paragraph 8a.