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O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders, P.E., Public Works Director/County Engineer
Agenda Date: December 11, 2017
Subject: Emergency Construction Contract w/ Seton Construction Inc.
Upper Hoh Road MP 8.0 Emergency Repair, County Project No.
X02038
Statement of Issue: Execution of an emergency road reconstruction contract with
Seton Construction Inc. for a washout at Upper Hoh Road mile post 8.0.
Analysis/Strategic Goals/Pro's Ei Con's: Flows on the Hoh River reached 32,000 cfs
on November 22. The Hoh River is a dynamic river which changes its channel location
regularly during high flow events. This event washed out a portion of the road at
Upper Hoh Road mile post 8.0, requiring road closure, and cutting off access for
residents and the Olympic National Park Hoh Rain Forest visitor center.
Fiscal Impact/Cost Benefit Analysis: Contract amount is $150,000. Public Works
anticipates state and/or federal funding assistance for this emergency repair.
However, no funding assistance has been secured at this time.
Recommendation: Public Works recommends that the Board execute all three
originals of the contract with Seton Construction and return two (2) originals to Public
Works for further processing.
Department Contact: Mark Thurston P.E., Project Manager, 385-9160
Reviewed By:
Hip Mol County Ad i�trator Date
CONTRACT
JEFFERSON COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this day of , 20, between the COUNTY OF
JEFFERSON, acting through the Jefferson County Commissioners and the Director of Public Works under and by virtue
of Title 36, RCW, as amended and Seton Construction of Port Townsend, Washington hereinafter called the Contractor.
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the
parties hereto covenant and agree as follows:
1. The Contractor agrees to furnish all labor and equipment and do certain work, to -wit: That the Contractor herein
will undertake and complete the following described work:
Haul and place rip rap and other work at the Upper Hoh Road MP 8.0 road washout site as directed by the County
Engineer and his designee(s) in accordance with the terms and conditions of this Agreement including_ quoted
rates - Attachment C
for the total sum not to exceed One hundred fifty thousand dollars ($150,000.00). Work is to be directed by the County
Engineer and his designee(s) and will be in accordance with any relevant plans and specifications developed for the
project and specifically transmitted to the Contractor which include the Washington State Department of Transportation
Standard Specifications most current version.
The Contractor shall complete the described work as follows: Work to proceed immediately followiniz verbal
authorization by the County Engineer and to be pursued at the direction of the Couply Engineer and his designee(s) until
work is complete or otherwise terminated by the County.
The Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that
may be required for the transfer of materials and for constructing and completing the work provided for in this contract
and every part thereof.
2. The County of Jefferson hereby promises and agrees with the Contractor to employ, and does employ the
Contractor to furnish the goods and equipment described and to furnish the same according to the attached specifications
and the terms and conditions herein contained, and hereby contracts to pay for the same according to the attached
specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the
condition provided for in this contract. The County further agrees to employ the Contractor to perform any alterations in
or additions to the work provided for in this contract that may be ordered and to pay for the same under the terms of this
contract and the attached specifications at the time and in the manner and upon the conditions provided for in this
contract.
3. The Contractor for himself, and for his heirs, executor, administrators, successors, and assigns, does hereby agree
to the full performance of all the covenants herein contained upon the part of the Contractor.
4. Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance from
companies licensed in the State with a Best's rating of no less than A: VII. The Contractor shall provide to the County
Risk Manager certificates of insurance with original endorsements affecting insurance required by this clause prior to the
commencement of work to be performed.
The insurance policies required shall provide that thirty (30) days prior to cancellation, suspension, reduction or
material change in the policy, notice of same shall be given to the County Risk Manager by registered mail, return receipt
requested, for all of the following stated insurance policies.
Upper Hoh Road MP 8.0 Washout Repair Revised 4/2017
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If any of the insurance requirements are not complied with at the renewal date of the insurance policy, payments
to the Contractor shall be withheld until all such requirements have been met, or at the option of the County, the County
may pay the renewal premium and withhold such payments from the moneys due The Contractor.
All notices shall name the Contractor and identify the agreement by contract number or some other form of
identification necessary to inform the County of the particular contract affected.
A. Workers Compensation and Employers Liability Insurance. The Contractor shall procure and maintain
for the life of the contract, Workers Compensation Insurance, including Employers Liability Coverage, in
accordance with the laws of the State of Washington.
B. General Liability(1) - with a minimum limit per occurrence of one million dollars ($1,000,000) and an
aggregate of not less than two million dollars ($2,000,000) for bodily injury, death and property damage unless
otherwise specified in the contract specifications. This insurance coverage shall contain no limitations on the
scope of the protection provided and indicate on the certificate of insurance the following coverage:
1. Broad Form Property Damage with no employee exclusion;
2. Personal Injury Liability, including extended bodily injury;
3. Broad Form Contractual/Commercial Liability including completed operations (contractors only);
4. Premises - Operations Liability (M&C);
5. Independent Contractors and Subcontractors; and
6. Blanket Contractual Liability.
(1)Note: The County shall be named as an additional insured party under this policy.
C. Automobile (2) - with a minimum limit per occurrence of $1,000,000 for bodily injury, death and
property damage unless otherwise specified in the contract specifications. This insurance shall indicate on the
certificate of insurance the following coverage:
1. Owned automobiles;
2. Hired automobiles; and,
3. Non -owned automobiles.
(2) Note: The County shall be named as an additional insured party under this policy.
Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of
the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured
retention or The Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate
certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of
the requirements stated herein.
Failure of The Contractor to take out and/or maintain any required insurance shall not relieve The Contractor from
any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the
obligations concerning indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County
(including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so
affected shall protect both parties and be primary coverage for any and all losses covered by the above described
insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse
against the County (including its employees and other agents and agencies) for payment of any premiums or for
Upper Hoh Road MP 8.0 Washout Repair Revised 4/2017
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assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above
described insurance policies shall be assumed by and be at the sole risk of The Contractor.
It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts
provided herein, or any portion thereof, may be withheld from payment due, or to become due, to The Contractor until
such time as The Contractor shall furnish additional security covering such judgment as may be determined by the
County.
The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts
and specific service agreements.
Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch.
48.62 RCW shall be non-contributory with respect to any policy of insurance the Contractor must provide in order to
comply with this Agreement.
If the proof of insurance or certificate of coverage indicating the County is an "additional insured" to a policy
obtained by the Contractor refers to an endorsement (by number or name) but does not provide the full text of that
endorsement, then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that
full text to the County within 30 days of the execution of this Agreement.
The County may, upon the Contractor's failure to comply with all provisions of this contract relating to insurance,
withhold payment or compensation that would otherwise be due to the Contractor.
5. The Contractor shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of
Washington and venue shall be in Jefferson County, WA.
The Contractor shall indemnify and hold the County, and its officers, employees, and agents harmless from and
shall process and defend at its own expense, including all costs, attorney fees and expenses relating thereto, all claims,
demands, or suits at law or equity arising in whole or in part, directly or indirectly, from the Contractor's negligence or
breach of any of its obligations under this Agreement; provided that nothing herein shall require a Contractor to indemnify
the County against and hold harmless the County from claims, demands or suits based solely upon the conduct of the
County, its officers, employees and agents, and; provided further that if the claims or suits are caused by or result from the
concurrent negligence of. (a) the Contractor's agents or employees; and, (b) the County, its officers, employees and
agents, this indemnity provision with respect to claims or suits based upon such negligence, and/or the costs to the County
of defending such claims and suits, etc., shall be valid and enforceable only to the extent of the Contractor's negligence, or
the negligence of the Contractor's agents or employees.
Claims against the County shall include, but not be limited to assertions that the use and transfer of any software,
book, document, report, film, tape, or sound reproduction of material of any kind, delivered hereunder, constitutes an
infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice or an
unlawful restraint of competition.
The Contractor specifically assumes potential liability for actions brought against the County by Contractor's
employees, including all other persons engaged in the performance of any work or service required of the Contractor
under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically waives
any immunity under the state industrial insurance law, Title 51 R.C.W. The Contractor recognizes that this waiver was
specifically entered into pursuant to provisions of R.C.W. 4.24.115 and was subject of mutual negotiation.
6. The Contractor's relation to the County shall be at all times as an independent Contractor, and nothing herein
contained shall be construed to create a relationship of employer-employee or master -servant, and any and all employees
of the Contractor or other persons engaged in the performance of any work or service required of the Contractor under this
Agreement shall be considered employees of the Contractor only and any claims that may arise on behalf of or against
said employees shall be the sole obligation and responsibility of the Contractor.
Upper Hoh Road MP 8.0 Washout Repair Revised 4/2017
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7. The Contractor shall not sublet or assign any of the services covered by this contract without the express written
consent of the County or its authorized representative. Assignment does not include printing or other customary
reimbursable expenses that may be provided in an agreement.
8. Nothing in the foregoing clause shall prevent the County, at its option, from additionally requesting that the
Contractor deliver to the County an executed bond as security for the faithful performance of this contract and for
payment of all obligations of The Contractor.
The Contractor will declare management option of the statutory retained percentage on Exhibit B.
10. The Contractor will certify compliance with wage payment statutes on Exhibit C.
11. Exhibit D includes labor, equipment, and material rates, and "Terms for Emergency Rates", which are hereby
made a part of this contract.
12. Exhibit E includes Buy America requirements, and Required Contract Provisions Federal -Aid Construction
Contracts (FHWA 1273), which are hereby made a part of this contract.
Upper Hoh Road MP 8.0 Washout Repair Revised 4/2017
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IN WITNESS WHEREOF, the Contractor has executed this instrument on the day and year first below written, and the
Board of County Commissioners has caused this instrument to be executed by and in the name of said County of Jefferson
the day and year fust above written.
Executed by the Contractor _ November 27 .20 17
Contractor:
Seton Construction Inc.
(Please print)
Bruce B. Seton, Jr.
(Please print)
(Signature)
SETONCI1650A
State of Washington, Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
Kathleen Kler, Chair
Kate Dean, Member
David W. Sullivan, Member
Approved as to form only:
a G 4�It /T-2
Philip C. Hunsucker Date
Chief Civil Deputy P
Mont Re' If f5at&
Pubii or Director/County Engineer
Upper Hoh Road MP 8.0 Washout Repair Revised 4/2017
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CERTIFICATION REGARDING
DEBARTNIENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION
The Contractor certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency;
(2) Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State,
or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
(4) Have not within a 3 -year period preceding this contract had one or more public transactions (Federal, State, or
local) terminated for cause or default.
Where the Contractor is unable to certify to any of the statements in this certification, such Contractor shall attach an
explanation.
Seton Construction, Inc.
Name of Contractor (Please print)
Bruce B. Seton, Jr., President
Name and Title of Authorized Representative (Please print)
Signature of Authorize
I am unable to certify to the above statement. An explanation is attached.
Upper Hoh Road MP 8.0 Washout Repair Revised 4/2017
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EXHIBIT B
CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT OF
STATUTORY RETAINED PERCENTAGE
A. I hereby elect to have the retained percentage of this contract held in a fund by the Owner until (30) days
following final acceptance of the work.
Date 11/27/17 SignedG�
B. I hereby elect to have the Owner deposit the retained percentage of this contract in an interest bearing account, not
subject to withdrawal until after final acceptance of the work.
Date
Signed
C. I hereby elect to have the Owner invest the retained percentage of this contract from time to time as such retained
percentage accrues.
I hereby designate _
as the repository for the escrow of said funds.
I hereby further agree to be fully responsible for payment of all costs or fees incurred as a result of placing said retained
percentage in escrow and investing it as authorized by statute. The Owner shall not be liable in any way for any costs or
fees in connection therewith.
Date Signed
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Exhibit C
Certification of Compliance with Wage Payment Statutes
The bidder hereby certifies that, within the three-year period immediately preceding the
bid solicitation date (INSERT DATE), the bidder is not a "willful" violator, as defined in
RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined
by a final and binding citation and notice of assessment issued by the Department of Labor
and Industries or through a civil judgment entered by a court of limited or general
jurisdiction.
I certify under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct.
-
Bidder's Business Name
Signature of Authorized Offic. I*
Printed Name
Title
Date City State
Check One:
Sole Proprietorship ❑ Partnership ❑ Joint Venture ❑ CorporationK
State of Incorporation, or if not a corporation, State where business entity was formed:
A S 1-(, P(E;-r 1 i j
If a co -partnership, give firm name under which business is transacted-
* if a corporation, proposal must be executed in the corporate name by the president or vice-
president (or any other corporate officer accompanied by evidence of authority to sign). If a co-
partnership, proposal must be executed by a partner.
Exhibit D
EMERGENCY PAY RATE SCHEDULE for 2014-2015
(COMPANY)
State Rate
) C)ass Excavator
I Class Excavator
Class Excavator
:Y Dump Truck
ip Truck with Pub
Class Dozer
Sov for Mobiliza
f6l.ee167 001189 00 W
160t6700 ta9004 or, GG
110.00 125.00
120.00 135.00
t 57 00 179 0 Z6
127 00 taa 00
107.00 12900
Regular Overtime R lar Overtime
7000 96 55
Lsoorer fine. icku and common small tools) 86.00 82.66
700 95g_ --
IFW"er (inc. kups and traffic control devices) 40'A 84 8g
°�g6g�6
gg-� 00 93
Materlads (FOS @ Pit qua
FOB Price
3 to 4 -man Rock
CANYON CREEK QUARRY
24.00/TON
Location:
SHINE QUARRY
24 OOI TON
Location:
PENNY CREEK QUARRY
24.00/TON
Heavy Loose Rip Rap
CANYON CREEK QUARRY
1
Location:
SHINE QUARRY
17.00/TON
Location:
PENNY CREEK QUARRY
17.00/TON
Clean Pit Run
CANYON CREEK QUARRY
6.50/TON
Location:
SHINE QUARRY
5.50/TON
Location.
PENNY CREEK QUARRY
5.50/TON .
Crushed Surfacing
CANYON CREEK QUARRY
11 50/TON
Location:
SHINE QUARRY
11.50/TON
Location:
PENNY CREEK QUARRY
11.5 /T N
Quany Spalls
CANYON CREEK QUARRY
12.50frON
Location:
SHINE QUARRY
12.50/TON
Location:
PENNY CREEK QUARRY
12.50/TON
ATTACH ADOMNAL SHEM AS NEEDED
List Permitted Oumosfte Locations (if any)
Bruce B. Seton, Jr. , President Seton Construction, Inc.
Authorized Company Representative
1 of 1 12/5/I3
TERMS FOR EMERGENCY RATES
1. The Agency assumes rates are as stated for a period of 6 months or until modified in writing by
the Contractor. Rates will be fixed prior to initiating work and will remain firm for the duration
of any contract.
2. Operated equipment rates listed shall be full compensation for all work accomplished with said
equipment and shall include (but not be limited to) operators, fuel, maintenance, and all costs
incidental to furnishing and operating the equipment including overhead, profit, B&O tax,
premiums on insurance policies, etc.
3. By virtue of WAC 458-20-171, retail sales tax does not apply to charges made for the
construction or repair of County roads. On such projects, the contractor shalr pay sales/use tax
on materials and supplies used or consumed in the performance of the work.
4. Rates for trucks apply from an agreed upon point of departure and return each day.
5. Rates for equipment will be paid only when the equipment is operated or when an operator is
on site ready to operate the equipment. No payment will be made for equipment parked at the
site. When an operator is responsible for operating more than one piece of equipment, the
equipment time will be split to reflect the actual time operated and the cumulative equipment
time shall not exceed the operator's time on site for the day.
6. All equipment provided shall be in good working condition. No compensation will be provided
for maintenance of equipment before, during, or after projects. Payment will cease
immediately for any equipment that is broken down and for any other equipment that is idled
as a result of the breakdown.
7. Mobilization costs apply only to the transporting vehicle and not to the equipment being
transported.
8. Materials prices listed are FOB at the pit/quarry and do not include sales tax. Sales tax will be
added to any invoice.
9. Cost for Contractor -provided pickups, traffic control devices, and common small tools shall be
incidental to the rates for laborers, flaggers, and equipment.
Updated 2/15/2013
Exhibit E
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Appendix 33.94
Emergency Relief Program
Emergency Work Contract
1 (August 6, 2012)
2 In accordance with Buy America requirements contained in 23 CFR 635.410, the major
3 quantities of steel and iron construction material that is permanently incorporated into
4 the project shall consist of American-made materials only. Buy America does not apply
5 to temporary steel items, e.g., temporary sheet piling, temporary bridges, steel
6 scaffolding and falsework.
7
8 Minor amounts of foreign steel and iron may be utilized in this project provided the cost
9 of the foreign material used does not exceed one-tenth of one percent of the total
10 contract cost or $2,500.00, whichever is greater.
11
12 American-made material is defined as material having all manufacturing processes
13 occurring domestically. To further define the coverage, a domestic product is a
14 manufactured steel material that was produced in one of the 50 States, the District of
15 Columbia, Puerto Rico, or in the territories and possessions of the United States.
16
17 If domestically produced steel billets or iron ingots are exported outside of the area of
18 coverage, as defined above, for any manufacturing process then the resulting product
19 does not conform to the Buy America requirements. Additionally, products
20 manufactured domestically from foreign source steel billets or iron ingots do not
21 conform to the Buy America requirements because the initial melting and mixing of
22 alloys to create the material occurred in a foreign country.
23
24 Manufacturing begins with the initial melting and mixing, and continues through the
25 coating stage. Any process which modifies the chemical content, the physical size or
26 shape, or the final finish is considered a manufacturing process. The processes include
27 rolling, extruding, machining, bending, grinding, drilling, welding, and coating. The
28 action of applying a coating to steel or iron is deemed a manufacturing process.
29 Coating includes epoxy coating, galvanizing, aluminizing, painting, and any other
30 coating that protects or enhances the value of steel or iron. Any process from the
31 original reduction from ore to the finished product constitutes a manufacturing process
32 for iron.
33
34 Due to a nationwide waiver, Buy America does not apply to raw materials (iron ore and
35 alloys), scrap (recycled steel or iron), and pig iron or processed, pelletized, and reduced
36 iron ore.
37
38 The following are considered to be steel manufacturing processes:
39
40 1. Production of steel by any of the following processes:
41
42 a. Open hearth furnace.
43
44 b. Basic oxygen.
45
46 c. Electric furnace.
47
48 d. Direct reduction.
49
50 2. Rolling, heat treating, and any other similar processing.
51
52 3. Fabrication of the products.
06051.GR1 1
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Appendix 33.94
1
2 a. Spinning wire into cable or strand.
3
4 b. Corrugating and rolling into culverts.
5
6 c. Shop fabrication.
7
8 A certification of materials origin will be required for any items comprised of, or
9 containing, steel or iron construction materials prior to such items being incorporated
10 into the permanent work. The certification shall be on DOT Form 350-109EF provided
11 by the Engineer, or such other form the Contractor chooses, provided it contains the
12 same information as DOT Form 350-109EF.
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REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS
FHWA-1273 -- Revised May 1, 2012
I. General
Il. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water Pollution Control Act
X. Compliance with Governmentwide Suspension and Debarment Requirements
XI. Certification Regarding Use of Contract Funds for Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian Development Highway System or
Appalachian Local Access Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each construction contract funded
under Title 23 (excluding emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each subcontract and further require its
inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other
agreements for supplies or services).
The applicable requirements of Form FHWA-1273 are incorporated by reference for work done
under any purchase order, rental agreement or agreement for other services. The prime
contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or
service provider.
Form FHWA-1273 must be included in all Federal -aid design -build contracts, in all subcontracts
and in lower tier subcontracts (excluding subcontracts for design services, purchase orders,
rental agreements and other agreements for supplies or services). The design -builder shall be
responsible for compliance by any subcontractor, lower -tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal
documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in
all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental
agreements and other agreements for supplies or services related to a construction contract).
2. Subject to the applicability criteria noted in the following sections, these contract provisions
shall apply to all work performed on the contract by the contractor's own organization and with
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Emergency Relief Program
Emergency Work Contract
the assistance of workers under the contractor's immediate superintendence and to all work
performed on the contract by piecework, station work, or by subcontract.
3. A breach of any of the stipulations contained in these Required Contract Provisions may be
sufficient grounds for withholding of progress payments, withholding of final payment,
termination of the contract, suspension / debarment or any other action determined to be
appropriate by the contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract, the contractor shall not use
convict labor for any purpose within the limits of a construction project on a Federal -aid highway
unless it is labor performed by convicts who are on parole, supervised release, or probation.
The term Federal -aid highway does not include roadways functionally classified as local roads
or rural minor collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid
construction contracts and to all related construction subcontracts of $10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or
architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies:
Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as
amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts
200, 230, and 633.
The contractor and all subcontractors must comply with: the requirements of the Equal
Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41
CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with
Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29
CFR 1625-1627. The contracting agency and the FHWA have the authority and the
responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of
1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and
related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to
conform to the U.S. Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to
discriminate and to take affirmative action to assure equal opportunity as set forth under laws,
executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60
and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed
herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractor's project activities under this contract. The provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35
and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this
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contract, the contractor agrees to comply with the following minimum specific requirement
activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure
that it has made every good faith effort to provide equal opportunity with respect to all of its
terms and conditions of employment and in their review of activities under the contract.
b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees
are treated during employment, without regard to their race, religion, sex, color, national origin,
age or disability. Such action shall include: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or
on-the-job training."
2. EEO Officer: The contractor will designate and make known to the contracting officers an
EEO Officer who will have the responsibility for and must be capable of effectively administering
and promoting an active EEO program and who must be assigned adequate authority and
responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire,
supervise, promote, and discharge employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant of, and will implement, the
contractor's EEO policy and contractual responsibilities to provide EEO in each grade and
classification of employment. To ensure that the above agreement will be met, the following
actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before
the start of work and then not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be reviewed and explained. The meetings
will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be given a thorough indoctrination
by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty
days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the project will be instructed by the
EEO Officer in the contractor's procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily
accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement such policy will be brought to
the attention of employees by means of meetings, employee handbooks, or other appropriate
means.
4. Recruitment: When advertising for employees, the contractor will include in all
advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minorities and
women in the area from which the project work force would normally be derived.
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a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic
and direct recruitment through public and private employee referral sources likely to yield
qualified minorities and women. To meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such identified sources procedures
whereby minority and women applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring
hall referrals, the contractor is expected to observe the provisions of that agreement to the
extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of discriminating against minorities or
women, or obligates the contractor to do the same, such implementation violates Federal
nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as
applicants for employment. Information and procedures with regard to referring such applicants
will be discussed with employees.
S. Personnel Actions: Wages, working conditions, and employee benefits shall be established
and administered, and personnel actions of every type, including hiring, upgrading, promotion,
transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion,
sex, national origin, age or disability. The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to insure that working
conditions and employee facilities do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification
to determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine
whether there is evidence of discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the discrimination may extend
beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the
contractor in connection with its obligations under this contract, will attempt to resolve such
complaints, and will take appropriate corrective action within a reasonable time. If the
investigation indicates that the discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon completion of each investigation,
the contractor will inform every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and
women who are applicants for employment or current employees. Such efforts should be aimed
at developing full journey level status employees in the type of trade or job classification
involved.
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b. Consistent with the contractor's work force requirements and as permissible under Federal
and State regulations, the contractor shall make full use of training programs, i.e.,
apprenticeship, and on-the-job training programs for the geographical area of contract
performance. In the event a special provision for training is provided under this contract, this
subparagraph will be superseded as indicated in the special provision. The contracting agency
may reserve training positions for persons who receive welfare assistance in accordance with
23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training
programs and entrance requirements for each.
d. The contractor will periodically review the training and promotion potential of employees
who are minorities and women and will encourage eligible employees to apply for such training
and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the
contractor will use good faith efforts to obtain the cooperation of such unions to increase
opportunities for minorities and women. Actions by the contractor, either directly or through a
contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint
training programs aimed toward qualifying more minorities and women for membership in the
unions and increasing the skills of minorities and women so that they may qualify for higher
paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union
agreement to the end that such union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor
union except that to the extent such information is within the exclusive possession of the labor
union and such labor union refuses to furnish such information to the contractor, the contractor
shall so certify to the contracting agency and shall set forth what efforts have been made to
obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals
within the time limit set forth in the collective bargaining agreement, the contractor will, through
independent recruitment efforts, fill the employment vacancies without regard to race, color,
religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or
qualifiable minorities and women. The failure of a union to provide sufficient referrals (even
though it is obligated to provide exclusive referrals under the terms of a collective bargaining
agreement) does not relieve the contractor from the requirements of this paragraph. In the
event the union referral practice prevents the contractor from meeting the obligations pursuant
to Executive Order 11246, as amended, and these special provisions, such contractor shall
immediately notify the contracting agency.
8. Reasonable Accommodation for Applicants / Employees with Disabilities: The
contractor must be familiar with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established there under. Employers must provide
reasonable accommodation in all employment activities unless to do so would cause an undue
hardship.
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9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The
contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age
or disability in the selection and retention of subcontractors, including procurement of materials
and leases of equipment. The contractor shall take all necessary and reasonable steps to
ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors and suppliers and lessors of their
EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their
EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE
program are incorporated by reference.
b. The contractor or subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts.
Failure by the contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as the contracting
agency deems appropriate.
11. Records and Reports: The contractor shall keep such records as necessary to document
compliance with the EEO requirements. Such records shall be retained for a period of three
years following the date of the final payment to the contractor for all contract work and shall be
available at reasonable times and places for inspection by authorized representatives of the
contracting agency and the FHWA.
a. The records kept by the contractor shall document the following:
(1) The number and work hours of minority and non -minority group members and women
employed in each work classification on the project;
(2) The progress and efforts being made in cooperation with unions, when applicable, to
increase employment opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and
upgrading minorities and women;
b. The contractors and subcontractors will submit an annual report to the contracting agency
each July for the duration of the project, indicating the number of minority, women, and non -
minority group employees currently engaged in each work classification required by the contract
work. This information is to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of the last payroll period preceding
the end of July. If on-the-job training is being required by special provision, the contractor will
be required to collect and report training data. The employment data should reflect the work
force on board during all or any part of the last payroll period preceding the end of July.
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III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction contracts and to all related
construction subcontracts of $10,000 or more.
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The contractor must ensure that facilities provided for employees are provided in such a manner
that segregation on the basis of race, color, religion, sex, or national origin cannot result. The
contractor may neither require such segregated use by written or oral policies nor tolerate such
use by employee custom. The contractor's obligation extends further to ensure that its
employees are not assigned to perform their services at any location, under the contractor's
control, where the facilities are segregated. The term "facilities" includes waiting rooms, work
areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms,
and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment
areas, transportation, and housing provided for employees. The contractor shall provide
separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy
between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all
related subcontracts and lower -tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-of-way of a roadway that is functionally
classified as Federal -aid highway. This excludes roadways functionally classified as local roads
or rural minor collectors, which are exempt. Contracting agencies may elect to apply these
requirements to other projects.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5
"Contract provisions and related matters" with minor revisions to conform to the FHWA-1273
format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics employed or working upon the site of the work, will be paid
unconditionally and not less often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by regulations issued
by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at
rates not less than those contained in the wage determination of the Secretary of Labor which is
attached hereto and made a part hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid
such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also,
regular contributions made or costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and
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mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except as
provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time
actually worked therein: Provided, That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed. The wage determination (including
any additional classification and wage rates conformed under paragraph 1.b. of this section) and
the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can be easily
seen by the workers.
b. (1) The contracting officer shall require that any class of laborers or mechanics, including
helpers, which is not listed in the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination. The contracting officer
shall approve an additional classification and wage rate and fringe benefits therefore only when
the following criteria have been met:
(i) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(ii) The classification is utilized in the area by the construction industry, and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and
wage rate (including the amount designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the Administrator of the Wage and
Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington,
DC 20210. The Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30 -day period that additional
time is necessary.
(3) In the event the contractor, the laborers or mechanics to be employed in the classification
or their representatives, and the contracting officer do not agree on the proposed classification
and wage rate (including the amount designated for fringe benefits, where appropriate). the
contracting officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Wage and Hour Administrator for
determination. The Wage and Hour Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30 -day period that additional time is necessary.
(4) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the
classification.
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c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
d. If the contractor does not make payments to a trustee or other third person, the contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided,
That the Secretary of Labor has found, upon the written request of the contractor, that the
applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets for the meeting of obligations
under the plan or program.
2. Withholding
The contracting agency shall upon its own action or upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld from the contractor
under this contract, or any other Federal contract with the same prime contractor, or any other
federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held
by the same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees, and
helpers, employed by the contractor or any subcontractor the full amount of wages required by
the contract. In the event of failure to pay any laborer or mechanic, including any apprentice,
trainee, or helper, employed or working on the site of the work, all or part of the wages required
by the contract, the contracting agency may, after written notice to the contractor, take such
action as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds until such violations have ceased.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be maintained by the contractor during the
course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records shall contain the name, address, and
social security number of each such worker, his or her correct classification, hourly rates of
wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or
cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act),
daily and weekly number of hours worked, deductions made and actual wages paid. Whenever
the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall
maintain records which show that the commitment to provide such benefits is enforceable, that
the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
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b. (1) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be maintained under 29 CFR
5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to include an individually identifying
number for each employee ( e.g. , the last four digits of the employee's social security number).
The required weekly payroll information may be submitted in any form desired. Optional Form
WH -347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and current address of each
covered worker, and shall provide them upon request to the contracting agency for transmission
to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for
purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a
violation of this section for a prime contractor to require a subcontractor to provide addresses
and social security numbers to the prime contractor for its own records, without weekly
submission to the contracting agency..
(2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the information required to be provided
under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being
maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is
correct and complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that no deductions have been made
either directly or indirectly from the full wages earned, other than permissible deductions as
set forth in Regulations, 29 CFR part 3;
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates
and fringe benefits or cash equivalents for the classification of work performed, as specified
in the applicable wage determination incorporated into the contract.
(3) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph 3.b.(2) of this section.
(4) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this
section available for inspection, copying, or transcription by authorized representatives of the
contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit
such representatives to interview employees during working hours on the job. If the contractor
or subcontractor fails to submit the required records or to make them available, the FHWA may,
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after written notice to the contractor, the contracting agency or the State DOT, take such action
as may be necessary to cause the suspension of any further payment, advance, or guarantee of
funds. Furthermore, failure to submit the required records upon request or to make such records
available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Employment and
Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her
first 90 days of probationary employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has been certified by the Office of
Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency
(where appropriate) to be eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall
not be greater than the ratio permitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less than the applicable
wage rate on the wage determination for the classification of work actually performed. In
addition, any apprentice performing work on the job site in excess of the ratio permitted under
the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a contractor is performing construction on
a project in a locality other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified in the contractors or
subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for
the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination. Apprentices shall be paid fringe benefits in
accordance with the provisions of the apprenticeship program. If the apprenticeship program
does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable classification. If the Administrator determines
that a different practice prevails for the applicable apprentice classification, fringes shall be paid
in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to utilize apprentices at less than the
applicable predetermined rate for the work performed until an acceptable program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and
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individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration.
The ratio of trainees to journeymen on the job site shall not be greater than permitted under the
plan approved by the Employment and Training Administration.
Every trainee must be paid at not less than the rate specified in the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified
in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with
the provisions of the trainee program. If the trainee program does not mention fringe benefits,
trainees shall be paid the full amount of fringe benefits listed on the wage determination unless
the Administrator of the Wage and Hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman wage rate on the wage determination
which provides for less than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed.
In the event the Employment and Training Administration withdraws approval of a training
program, the contractor will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill training programs which have
been certified by the Secretary of Transportation as promoting EEO in connection with Federal -
aid highway construction programs are not subject to the requirements of paragraph 4 of this
Section IV. The straight time hourly wage rates for apprentices and trainees under such
programs will be established by the particular programs. The ratio of apprentices and trainees to
journeymen shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any
subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract, and for debarment as a contractor and a subcontractor
as provided in 29 CFR 5.12.
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8. Compliance with Davis -Bacon and Related Act requirements. All rulings and
interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are
herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this contract.
Such disputes shall be resolved in accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any
person or firm who has an interest in the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR
5.12(a)(1).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
1001.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
The following clauses apply to any Federal -aid construction contract in an amount in excess of
$100,000 and subject to the overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR
5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include
watchmen and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of
the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual
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was required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.
3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting
agency shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on account of
work performed by the contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally -assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (2.) of this section.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
set forth in paragraph (1.) through (4.) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (1.) through (4.) of this section.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction contracts on the National Highway
System.
1. The contractor shall perform with its own organization contract work amounting to not less
than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total
original contract price, excluding any specialty items designated by the contracting agency.
Specialty items may be performed by subcontract and the amount of any such specialty items
performed may be deducted from the total original contract price before computing the amount
of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term "perform work with its own organization" refers to workers employed or leased by
the prime contractor, and equipment owned or rented by the prime contractor, with or without
operators. Such term does not include employees or equipment of a subcontractor or lower tier
subcontractor, agents of the prime contractor, or any other assignees. The term may include
payments for the costs of hiring leased employees from an employee leasing firm meeting all
relevant Federal and State regulatory requirements. Leased employees may only be included
in this term if the prime contractor meets all of the following conditions:
(1) the prime contractor maintains control over the supervision of the day-to-day activities of
the leased employees;
(2) the prime contractor remains responsible for the quality of the work of the leased
employees;
(3) the prime contractor retains all power to accept or exclude individual employees from
work on the project; and
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(4) the prime contractor remains ultimately responsible for the payment of predetermined
minimum wages, the submission of payrolls, statements of compliance and all other Federal
regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized
knowledge, abilities, or equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the contract as a whole and in
general are to be limited to minor components of the overall contract.
2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is
computed includes the cost of material and manufactured products which are to be purchased
or produced by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by
the firm, has full authority to direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations (regardless of who performs the
work) and (b) such other of its own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is necessary to assure the
performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the
written consent of the contracting officer, or authorized representative, and such consent wher
given shall not be construed to relieve the contractor of any responsibility for the fulfillment of
the contract. Written consent will be given only after the contracting agency has assured that
each subcontract is evidenced in writing and that it contains all pertinent provisions and
requirements of the prime contract.
5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build
contracts; however, contracting agencies may establish their own self -performance
requirements.
LTJ IMUc119211VAUT01dIDMI ke17;M21Z19calk,
This provision is applicable to all Federal -aid construction contracts and to all related
subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal,
State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall
provide all safeguards, safety devices and protective equipment and take any other needed
actions as it determines, or as the contracting officer may determine, to be reasonably
necessary to protect the life and health of employees on the job and the safety of the public and
to protect property in connection with the performance of the work covered by the contract.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the
contractor enters into pursuant to this contract, that the contractor and any subcontractor shall
not permit any employee, in performance of the contract, to work in surroundings or under
conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as
determined under construction safety and health standards (29 CFR 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3704).
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3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or
authorized representative thereof, shall have right of entry to any site of contract performance to
inspect or investigate the matter of compliance with the construction safety and health
standards and to carry out the duties of the Secretary under Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C.3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
This provision is applicable to all Federal -aid construction contracts and to all related
subcontracts.
In order to assure high quality and durable construction in conformity with approved plans and
specifications and a high degree of reliability on statements and representations made by
engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential
that all persons concerned with the project perform their functions as carefully, thoroughly, and
honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any
facts related to the project is a violation of Federal law. To prevent any misunderstanding
regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each
Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to
all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or
Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the character, quality, quantity, or cost
of the material used or to be used, or the quantity or quality of the work performed or to be
performed, or the cost thereof in connection with the submission of plans, maps, specifications,
contracts, or costs of construction on any highway or related project submitted for approval to
the Secretary of Transportation; or
Whoever knowingly makes any false statement, false representation, false report or false claim
with respect to the character, quality, quantity, or cost of any work performed or to be
performed, or materials furnished or to be furnished, in connection with the construction of any
highway or related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false representation as to material fact in
any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads
Act approved July 1, 1916. (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION
CONTROL ACT
This provision is applicable to all Federal -aid construction contracts and to all related
subcontracts.
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By submission of this bid/proposal or the execution of this contract, or subcontract, as
appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as
appropriate, will be deemed to have stipulated as follows:
1. That any person who is or will be utilized in the performance of this contract is not prohibited
from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306
of the Clean Air Act.
2. That the contractor agrees to include or cause to be included the requirements of paragraph
(1) of this Section X in every subcontract, and further agrees to take such action as the
contracting agency may direct as a means of enforcing such requirements.
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION
This provision is applicable to all Federal -aid construction contracts, design -build contracts,
subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts
or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000
or more — as defined in 2 CFR Parts 180 and 1200.
1. Instructions for Certification — First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the
certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily result
in denial of participation in this covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification set out below. The certification or
explanation will be considered in connection with the department or agency's determination
whether to enter into this transaction. However, failure of the prospective first tier participant to
furnish a certification or an explanation shall disqualify such a person from participation in this
transaction.
c. The certification in this clause is a material representation of fact upon which reliance was
placed when the contracting agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the contracting agency may
terminate this transaction for cause of default.
d. The prospective first tier participant shall provide immediate written notice to the
contracting agency to whom this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant,"
"person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR
Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction
between a grantee or subgrantee of Federal funds and a participant (such as the prime or
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general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a
First Tier Covered Transaction (such as subcontracts). "First Tier Participant' refers to the
participant who has entered into a covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). "Lower Tier Participant' refers any participant
who has entered into a covered transaction with a First Tier Participant or other Lower Tier
Participants (such as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the
department or agency entering into this transaction.
g. The prospective first tier participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or
contracting agency, entering into this covered transaction, without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
h. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant is responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of
its principals, as well as the eligibility of any lower tier prospective participants, each participant
may, but is not required to, check the Excluded Parties List System website
(httos://www.ei)ls.ciov/), which is compiled by the General Services Administration.
i. Nothing contained in the foregoing shall be construed to require the establishment of a
system of records in order to render in good faith the certification required by this clause. The
knowledge and information of the prospective participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of these instructions, if a participant
in a covered transaction knowingly enters into a lower tier covered transaction with a person
who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the department
or agency may terminate this transaction for cause or default.
2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
— First Tier Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it
and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in covered transactions by any Federal department or
agency;
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(2) Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph
(a)(2) of this certification, and
(4) Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State or local) terminated for cause or default.
b. Where the prospective participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior
FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the
certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective lower
tier participant knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department, or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person
to which this proposal is submitted if at any time the prospective lower tier participant learns that
its certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant,"
"person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR
Parts 180 and 1200. You may contact the person to which this proposal is submitted for
assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to
any covered transaction between a grantee or subgrantee of Federal funds and a participant
(such as the prime or general contract). "Lower Tier Covered Transactions" refers to any
covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier
Participant' refers to the participant who has entered into a covered transaction with a grantee
or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier
Participant' refers any participant who has entered into a covered transaction with a First Tier
Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or
is
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voluntarily excluded from participation in this covered transaction, unless authorized by the
department or agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will
include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
g. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant is responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of
its principals, as well as the eligibility of any lower tier prospective participants, each participant
may, but is not required to, check the Excluded Parties List System website
(httos://www.ei)ls.00v/), which is compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to require establishment of a system
of records in order to render in good faith the certification required by this clause. The
knowledge and information of participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph a of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person who
is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction,
in addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including suspension
and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—
Lower Tier Participants:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from participating in covered transactions by any Federal department or
agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
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XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
This provision is applicable to all Federal -aid construction contracts and to all related
subcontracts which exceed $100,000 (49 CFR 20),
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1. The prospective participant certifies, by signing and submitting this bid or proposal, to the
best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract,
the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid or proposal that the participant
shall require that the language of this certification be included in all lower tier subcontracts,
which exceed $100,000 and that all such recipients shall certify and disclose accordingly.
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ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN
DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD
CONTRACTS
This provision is applicable to all Federal -aid projects funded under the Appalachian Regional
Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or
reasonably may be, done as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL wherein the contract work is
situated, or the subregion, or the Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced
personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as
the result of a lawful collective bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1 c) shall not exceed 20 percent of the total number
of employees employed by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the
classifications of the laborers, mechanics and other employees required to perform the contract
work, (b) the number of employees required in each classification, (c) the date on which the
participant estimates such employees will be required, and (d) any other pertinent information
required by the State Employment Service to complete the job order form. The job order may
be placed with the State Employment Service in writing or by telephone. If during the course of
the contract work, the information submitted by the contractor in the original job order is
substantially modified, the participant shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by
the State Employment Service. The contractor is not required to grant employment to any job
applicants who, in his opinion, are not qualified to perform the classification of work required.
4. If, within one week following the placing of a job order by the contractor with the State
Employment Service, the State Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number requested, the State Employment Service
will forward a certificate to the contractor indicating the unavailability of applicants. Such
certificate shall be made a part of the contractor's permanent project records. Upon receipt of
this certificate, the contractor may employ persons who do not normally reside in the labor area
to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1 c)
above.
5.The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual
preference for the use of mineral resource materials native to the Appalachian region.
6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in
every subcontract for work which is, or reasonably may be, done as on-site work.
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AMENDMENT
REQUIRED CONTRACT PROVISIONS
(Exclusive of Appalachian Contracts)
FEDERAL -AID CONSTRUCTION CONTRACTS
The Federal—Aid provisions are supplemented with the following:
XII. Cargo Preference Act
1. U.S. Department of Transportation Federal Highway Administration memorandum dated
December 11, 2015 requires that all federal -aid highway programs awarded after February
15, 2016 must comply with the Cargo Preference Act and its regulation of 46 CFR 381.7
(a) -(b).
Amendment to Form FHWA 1273
Revised January 25, 2016
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