HomeMy WebLinkAboutOrd.4185.01-10-2011 BILL NO. 10-180 ORDINANCE NO. 1065
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A TRANSPORTATION ENHANCEMENT FUNDS
PROGRAM AGREEMENT WITH THE MISSOURI HIGHWAYS
AND TRANSPORTATION COMMISSION FOR THE SOUTH
SIDE TRAIL CONNECTION PROJECT, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute a
Transportation Enhancement Funds Program Agreement with the
Missouri Highways and Transportation Commission for the South
Side Trail Connection Project . A copy of said Agreement is
attached to this Ordinance and made a part hereof .
ARTICLE 2 . This Ordinance shall be in full force and effect
ten days after its passage and approval .
PASSED AND APPROVED THIS `D DAY OF l.G(IIIIQ� ,
20/.
ry E . Red ' ger, Mayor
ATTEST:
AAAJ a
•�
Gayle Conrad, City C1
�y
.. 4
RECEIVED
CCO Form: RM12 FB 17 201f City of Cape Girardeau
Approved: 04/95 (MGB) D10 ENING STP-1500(021)
Revised: 12/10 (MWH)
Modified:
CFDA Number: CFDA #20.205
CFDA Title: Highway Planning and Construction
Award name/number: STP — 1500(021)
Award Year: 2010
Federal Agency: Federal Highway Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
TRANSPORTATION ENHANCEMENT FUNDS
PROGRAM AGREEMENT
THIS AGREEMENT is entered into by the Missouri Highways and Transportation
Commission (hereinafter, "Commission") and City of Cape Girardeau (hereinafter, .
"City").
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations in this Agreement, the parties agree as follows:
(1) PURPOSE: The United States Congress has authorized, in 23 U.S.C.
§101, §104 and §133, funds to be used for transportation enhancement activities. The
purpose of this Agreement is to grant the use of such transportation enhancement funds
to the City.
(2) LOCATION: The transportation enhancement funds which are the subject
of this Agreement are for the project at the following location:
Project will consist of construction of two trail segments to improve connectivity. The
main segment will begin at the intersection of West End Blvd. and Linden Street and
extend south to the current terminus of the Cape La Croix Trail. The second segment
will be the connection from the Cape La Croix Trail to the Shawnee Park ball fields.
Both segments are within the City of Cape Girardeau, Missouri
The general location of the project is shown on attachment marked "Exhibit A"
and incorporated herein by reference.
(3) REASONABLE PROGRESS POLICY: The project as described in this
agreement is subject to the reasonable progress policy set forth in the Local Public
Agency (LPA) Manual. If the project is within a Transportation Management Area that
has a reasonable progress policy in place, the project is subject to that policy. If the
project is withdrawn for not meeting reasonable progress, the City agrees to repay the
Commission for any progress payments made to the City for the project and agrees that
the Commission may deduct progress payments made to the City from future payments
to the City.
(4) INDEMNIFICATION:
(A) To the extent allowed or imposed by law, the City shall defend,
indemnify and hold harmless the Commission, including its members and the Missouri
Department of Transportation (MoDOT or Department) employees, from any claim or
liability whether based on a claim for damages to real or personal property or to a
person for any matter relating to or arising 'out of the City's wrongful or negligent
performance of its obligations under this Agreement.
(B) The City will require any contractor procured by the City to work
under this Agreement:
(1) To obtain a no cost permit from the Commission's district
engineer prior to working on the Commission's right-of-way, which shall be signed by an
authorized contractor representative (a permit from the Commission's district engineer
will not be required for work outside of the Commission's right-of-way); and
(2) To carry commercial general liability insurance and
commercial automobile liability insurance from a company authorized to issue insurance
in Missouri, and to name the Commission, and MoDOT and its employees, as additional
named insureds in amounts sufficient to cover the sovereign immunity limits for Missouri
public entities as calculated by the Missouri Department of Insurance, Financial
Institutions and Professional Registration, and published annually in the Missouri
Register pursuant to Section 537.610, RSMo. The City shall cause insurer to increase
the insurance amounts in accordance with those published annually in the Missouri
Register pursuant to Section 537.610, RSMo.
(C) In no event shall the language of this Agreement constitute or be
construed as a waiver or limitation for either party's rights or defenses with regard to
each party's applicable sovereign, governmental, or official immunities and protections
as provided by federal and state constitution or law.
(5) AMENDMENTS: Any change in this Agreement, whether by modification
or supplementation, must be accomplished by a formal contract amendment signed and
approved by the duly authorized representatives of the City and the Commission.
(6) COMMISSION REPRESENTATIVE: The Commission's District Engineer
is designated as the Commission's representative for the purpose of administering the
provisions of this Agreement. The Commission's representative may designate by
written notice other persons having the authority to act on behalf of the Commission in
furtherance of the performance of this Agreement.
(7) NONDISCRIMINATION ASSURANCE: With regard to work under this
Agreement, the City agrees as follows:
(A) Civil Rights Statutes: The City shall comply with all state and
federal statutes relating to nondiscrimination, including but not limited to Title VI and
Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000d and §2000e, et
seq.), as well as any applicable titles of the "Americans with Disabilities Act" (42 U.S.C.
§12101, et seq.). In addition, if the City is providing services or operating programs on
behalf of the Department or the Commission, it shall comply with all applicable
provisions of Title II of the "Americans with Disabilities Act".
(B) Administrative Rules: The City shall comply with the administrative
rules of the United States Department of Transportation relative to nondiscrimination in
federally-assisted programs of the United States Department of Transportation (49
C.F.R. Part 21) which are herein incorporated by reference and made part of this
Agreement.
(C) Nondiscrimination: The City shall not discriminate on grounds of
the race, color, religion, creed, sex, disability, national origin, age or ancestry of any
individual in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The City shall not participate either directly or
indirectly in the discrimination prohibited by 49 C.F.R. §21.5, including employment
practices.
(D) Solicitations for Subcontracts, Includinq Procurements of Material
and Equipment: These assurances concerning nondiscrimination also apply to
subcontractors and suppliers of the City. These apply to all solicitations either by
competitive bidding or negotiation made by the City for work to be performed under a
subcontract including procurement of materials or equipment. Each potential
subcontractor or supplier shall be notified by the City of the requirements of this
Agreement relative to nondiscrimination on grounds of the race, color, religion, creed,
sex, disability or national origin, age or ancestry of any individual.
(E) Information and Reports: The City shall provide all information and
reports required by this Agreement, or orders and instructions issued pursuant thereto,
and will permit access to its books, records, accounts, other sources of information, and
its facilities as may be determined by the Commission or the United States Department
of Transportation to be necessary to ascertain compliance with other contracts, orders
and- instructions. Where any information required of the City is in the exclusive
possession of another who fails or refuses to furnish this information, the City shall so
certify to the Commission or the United States Department of Transportation as
appropriate and shall set forth what efforts it has made to obtain the information.
(F) Sanctions for Noncompliance: In the event the City fails to comply
with the nondiscrimination provisions of this Agreement, the Commission shall impose
such contract sanctions as it or the United States Department of Transportation may
determine to be appropriate, including but not limited to:
1. Withholding of payments under this Agreement until the City
complies; and/or
2. Cancellation, termination or suspension of this Agreement, in
whole or in part, or both.
(G) Incorporation of Provisions: The City shall include the provisions of
paragraph (7) of this Agreement in every subcontract, including procurements of
materials and leases of equipment, unless exempted by the statutes, executive order,
administrative rules or instructions issued by the Commission or the United States
Department of Transportation. The City will take such action with respect to any
subcontract or procurement as the Commission or the United States Department of
Transportation may direct as a means of enforcing such provisions, including sanctions
for noncompliance; provided that in the event the City becomes involved or is
threatened with litigation with a subcontractor or supplier as a result of such direction,
the City may request the United States to enter into such litigation to protect the
interests of the United States.
(8) ASSIGNMENT: The City shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(9) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the State of Missouri. The City shall comply with all local, state
and federal laws and regulations relating to the performance of this Agreement.
(10) CANCELLATION: The Commission may cancel this Agreement at any
time for a material breach of contractual obligations by providing the City with written
notice of cancellation. Should the Commission exercise its right to cancel this
Agreement for such reasons, cancellation will become effective upon the date specified
in the notice of cancellation sent to the City.
(11) ACCESS TO RECORDS: The City and its contractors must maintain all
records relating to this Agreement, including but not limited to invoices, payrolls, etc.
These records must be available at no charge to the Federal Highway Administration
(FHWA) and the Commission and/or their designees or representatives during the
period of this Agreement and any extension, and for a period of three (3) years after the
date on which the City receives reimbursement of their final invoice from the
Commission.
(12) FEDERAL-AID PROVISIONS: Because responsibility for the performance
of all functions or work contemplated as part of this project is assumed by the City, and
the City may elect to construct part of the improvement contemplated by this Agreement
with its own forces, a copy of Section II and Section III, as contained in the United
States Department of Transportation Form Federal Highway Administration (FHWA)
1273 "Required Contract Provisions, Federal-Aid Construction Contracts," is attached
and made a part of this Agreement as Exhibit B. Wherever the term "the contractor" or
words of similar import appear in these sections, the term "the City' is to be substituted.
The City agrees to abide by and carry out the condition and obligations of "the
contractor" as stated in Section ll, Equal Opportunity, and Section III, Nonsegregated
Facilities, as set out in Form FHWA 1273.
(13) ACQUISITION OF RIGHT OF WAY: With respect to the acquisition of
right of way necessary for the completion of the project, City shall acquire any additional
necessary right of way required for this project and in doing so agrees that it will comply
with all applicable federal laws, rules and regulations, including 42 U.S.C. 4601-4655,
the Uniform Relocation Assistance and Real Property Acquisition Act, as amended and
any regulations promulgated in connection with the Act.
(14) MAINTENANCE OF DEVELOPMENT: The City shall maintain the herein
contemplated improvements without any cost or expense to the Commission. All
maintenance by the City shall be done for the safety of the general public and the
esthetics of the area. In addition, if any sidewalks or bike trails are constructed on the
Commission's right-of-way pursuant to this Agreement, the City shall inspect and
maintain the sidewalks or bike trails constructed by this project in a condition reasonably
safe to the public and, to the extent allowed by law, shall indemnify and hold the
Commission harmless from any claims arising from the construction and maintenance
of said sidewalks or bike trails. If the City fails to maintain the herein contemplated
improvements, the Commission or its representatives, at the Commission's sole
discretion shall notify the City in writing of the City's failure to maintain the improvement.
If the City continues to fail in maintaining the improvement, the Commission may
remove the herein contemplated improvement whether or not the improvement is
located on the Commission's right of way. Any removal by the Commission shall be at
the sole cost -and expense of the City. Maintenance includes but is not limited to
mowing and trimming between shrubs and other plantings that are part of the
improvement.
(15) PLANS: The City shall prepare preliminary and final plans and
specifications for the herein improvements. The plans and specifications shall be
submitted to the Commission for the Commission's review and approval. The
Commission has the discretion to require changes to any plans and specification prior to
any approval by the Commission.
(16) REIMBURSEMENT: The cost of the contemplated improvements will be
borne by the United States Government and by the City as follows:
(A) Any federal funds for project activities shall only be available for
reimbursement of eligible costs which have been incurred by City. Any costs
incurred by City prior to authorization from FHWA and notification to proceed
from the Commission are not reimbursable costs. The federal share for this
project will be Eighty percent (80%) not to exceed $160,972.00. The calculated
federal share for seeking federal reimbursement of participating costs for the
herein improvements will be determined by dividing the total federal funds
applied to the project by the total participating costs. Any costs for the herein
improvements which exceed any federal reimbursement or are not eligible for
federal .reimbursement shall be the sole responsibility of City. The Commission
shall not be responsible for any costs associated with the herein improvement
unless specifically identified in this Agreement or subsequent written
amendments.
(17) PROGRESS PAYMENTS: The City may request that progress payments
be made for the herein improvements as work progresses but not more than once every
two weeks. Progress payments must be submitted monthly for amounts equal to or
greater than $10,000.00. The City shall repay any progress Payments which involve
ineligible costs.
(18) PERMITS: The City shall secure any necessary approvals or permits from
any federal or state agency as required for the completion of the herein improvements.
If this improvement is on the right of way of the Commission, the City must secure a
permit from the Commission prior to the start of any work on the right of way. The
permits which may be required include, but are not limited to, environmental,
architectural, historical or cultural requirements of federal or state law or regulation.
(19) INSPECTION OF IMPROVEMENTS AND RECORDS: The City shall
assure that representatives of the Commission and FHWA shall have the privilege of
inspecting and reviewing the work being done by the City's contractor and subcontractor
on the herein project. The City shall also assure that its contractor, and all
subcontractors, if any, maintain all books, documents, papers and other evidence
pertaining to costs incurred in connection with the Transportation Enhancement
Program Agreement, and.make such materials available at such contractor's office at all
reasonable times at no charge during this Agreement period, and for three (3) years
from the date of final payment under this Agreement, for inspection by the Commission,
FHWA or any authorized representatives of the Federal Government and the State of
Missouri, and copies shall be furnished, upon request, to authorized representatives of
the Commission, State, FHWA, or other Federal agencies.
(20) CREDIT FOR DONATIONS OF FUNDS, MATERIALS OR SERVICES: A
person may offer to donate funds, materials or services in connection with this project.
Any donated funds, or the fair market value of any donated materials or services that
are accepted and incorporated into this project shall be credited according to 23 U.S.C.
§323.
(21) DISADVANTAGED BUSINESS ENTERPRISES (DBE): The Commission
will advise the City of any required goals for participation by disadvantaged business
enterprises (DBEs) to be included in the City's proposal for the work to be performed.
The City shall submit for Commission approval a DBE goal or plan. The City shall
comply with the plan or goal that is approved by the Commission and all requirements
of 49 C.F.R. Part 26, as amended.
(22) VENUE: It is agreed by the parties that any action at law, suit in equity, or
other judicial proceeding to enforce or construe this Agreement, or regarding its alleged
breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
(23) NOTICE TO BIDDERS: The City shall notify the prospective bidders that
disadvantaged business enterprises shall be afforded full and affirmative opportunity to
submit bids in response to the invitation and will not be discriminated against on
grounds of race, color, sex, or national origin in consideration for an award.
(24) FINAL AUDIT: The Commission may, in its sole discretion, perform a final
audit of project costs. The United States Government shall reimburse the City, through
the Commission, any monies due. The City shall refund any overpayments as
determined by the final audit.
(25) OMB AUDIT: If the City expend(s) five hundred thousand ($500,000) or
more in a year in federal finance assistance it is required to have an independent
annual audit conducted in accordance with OMB Circular A-133. A copy of the audit
report shall be submitted to MoDOT within the earlier of thirty (30) days after receipt of
the auditor's report(s), or nine (9) months after the end of the audit period. Subject to
the requirements of OMB Circular A-133, if the City expend(s) less than five hundred
thousands dollars ($500,000) a year, the City may be exempt from auditing
requirements for that year but records must be available for review or audit by
applicable state and federal authorities.
(26) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF
2006: The City shall comply with all reporting requirements of the Federal Funding
Accountability and Transparency Act (FFATA) of 2006, as amended. This Agreement is
subject to the award terms within 2 C.F.R. Part 170.
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last
written below.
Executed by the City this day of_January , 2011.
Executed by the Commission this -LO
ay of ePj , 20//
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION CITY OFC E GIRARDEAU
`7"
By ,
Title Chief Financial Officer Title Scott A. Me �, City Manager
Set*aryt
ST: ATTEST:
By 4"//j Aill
lhe)CCo:m:�mLssion
Title Gayle L. Conrad, City Clerk
Approved as to Form: Approved as to Form:
�Vfv
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Title W.,,Eric Cunningham, City Attorney
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R QUIRED CONTRACT PROVISIONS
FEDERAWkID CONSTRUCTION CONTRACTS
Page W^6 Selection of Labor. Doing the performance of this contract,the
1. General ...................................... 1 contractor shall not-
ll.
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ll. Nondiscrimination .......................: ..... 1
111, Nonsegregated Facilities ............. . ......... 3 a. discriminate against labor from any other State,possession,
IV. Payment of Predetemdned Minimum Wage........... 3 or territory of the United States(except for employment preference for
V. Statements and Payrolls ........................ 6 Appalachian contracts,when applicable,as specified In Attachment A),
VI. Record of Materials.Supplies,and Labor ............ 6 of
Vll. Subletting or Assigning the Contract ................ 7
VIII. Safety: Accident Prevention ...................... 7 b. employ convict labor for any purpose within the Omits of the
IX. Fake Statements Concerning Highway Projects ....... 7 project unless I is labor performed by convicts who are on parte,
X. hrpfemenMtion of Clean Ah Act and Federal - supervised release,or probation.
Water Pollution Control Ad ......... ............. B
XI. Certification Regarding Debarment.Suspension,
Inefigiblity,and voluntary Exclusion ................ 8 IL NONDISCRIMINATION
XII. Certification Regarding Use of Contract Funds for
Lobbying ...................................... 9 (Applicable to all Federal-aid construction contracts and to all related
subcontracts of$10,000 or more.)
ATTACHMENTS
1. Equal Ernployn ent Oppontvnity: Equal employment opportu-
A. Employrrart Preference for Appalachian Contracts. nity (EEO) requirements not to dlaCrvmbhate and.to take affirmative
(btcluded in Appetachleh contracts only) action to assure equal opportunity,as sat forth under laws,executive
orders,rules,regulations(28 CFR 35,29 CFR 1630 and 41 CFR 60)
and orders of the Secretary of Labor as modified by the provisions
1. GENERAL presaibed herein, and Imposed pursuant to 23 U.S.C. 140 shall
constitute it* EEO and specific atfkrtwtive action standards for the
1.These contract provisions shell apply to all work perfarmed on the cortradoes project adivftks undert a contrsd The Equal Opportunity
contract by the contractors own organmetion and with the assislance of Cormtnrctbn Contract Specifications set forth under 41 CFR 60-4.3 and
workers under the corkradors Immediate superintendence and to all the provisions of the American Dkabititiea Act of 1990 (42 U.S.C.
work performed on the contract by piecework, station work, or by 12101 st seg.)set forth under 26 CFR 35 and 29 CFR 1630 ars
suutrad. Incorporated by re%w= kr this contract. In the execution of this
contract,the cordracW agrees to comply with the following mfttimum
2. Except as Wwwise provided for in each section,the contractor specific requirement activities of EEO:
step Insert in each subcontract all of the stipulations contained In these
Required Contred Provisions,and further require their inclusion in arty a. The contractor will work with the State highway agency(SHA)
lower tier subcontract or purchase order that may in tum be made. The and the Federal Gov rnment in carrying out EEO ob lOatiom and in their
Required Contract Provisions shell not be Incorporated by reference in review of his/her activities under the contract.
any case. The prime contractor"A be responsible for:cornplance by
any wbewtrador or lower ter sudor with these Required b.The contractor will accept as his operating policy the fallowing
Contrad Provisions. statement
3. A breach of any of the spputations contained in these Required "Il to the policy of this Company to same that applicarts are
Contract Provisions shall be sufficient grounds for termination of the employed,and teat employees are treated during employrrher>t,
.contract. without regard tothetr race,religion,sex,color,national origin,age
or dianbit". Such action shall Include:employment.upgrading,
4. A breach of the following clauses of the Required Contract demotion,or transfer,recrulment or recruitment advertising;layoff .
provisions may also be grounds for debarment as provided In 29 CFR or termination;rates of pay or other fomes of compensation;and
5.12: selection for training.Including apprentieeshlp.preapprenticeship,
and/or on-t►e-job training..
Section I,paragraph 2;
Section IV,paragraphs 1,2,3,4,and 7; 2- EEO Officer: The cortrWor will designate and mance knownt to
Section V,paragraphs 1 and 2a through 4 the SHA contracting officers an EEO Offloerwhowlp have the responsl-
biCQy for and must be capabie of effectK"administering and promoting
5. Disputes artslng out of the labor starWards provisions of Section an active contractor program of EEO and who mist be assigned
IV(eu=W paragraph 5) and Section V of these Required Contract adequate authority and responsibility to do so.
Provisions sMH not be subject to the general disputes clause of this
contract. Such disputes shall be resolved In accordance with the 3. Disserrdnation of Policy: All members of the contractor's staff
procedures of the U.S.Department of labor(DOL)as set 16M in 29 who are authorized to hire,supervise,promote,and discharge employ-
CFR 5,S.and 7. Disputes within the meaning of its clause include ees,or who recommend such action,or who are substantially Involved
disputes between the contractor(or any of Its subcontractors)and the in such action,will be made fully cognizant of,and will implement,the
contracting agency,the DOL,or the contractors employees or Lair contractors EEO policy and contractual responsibilities to provide EEO
representatives, in each grade and classification of employment. To ensure that the
above agreement will be met,the following actions Nnll be taken as a
minimum:
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a. Periodic meetings of supervisory and personnel office c. The contractor will periodically review selected personnel
employees will be conducted before the start of work and then not lass actions in depth to determine whether_there is evidence of disoilmi-
often than once every six months,at which time the contractors EEO nation. Where evidence is found,the contractor will promptly take
policy and Its Impiemerdatien wig be reviewed and exp4unad. The corrective action. if the review indicates that the discrimination may
mestings wih be conducted by the EEO Officer. extend beyond the actions reviewed,such corrective action shag k>ciude
all affected persons.
b.Aft new supervisory or personnel office amployees wig be given
a thorough indoctrination by the EEO Officer,covering M major aspects d. The contractor win promptly investigate all complaints of
of the contractor's EEO obligations within tt*ty days following thew alleged discrimination made to the contractor in connection with his
reporting for duty with the oontractor. obligations under this Contract,will attempt to resolve such complaints,
and will take appropriate corrective action within a reasonable time. if
c. Ag personnel who are engaged in direct recruitment for the the investigation indicates that the discrimination may affect persons
project wig be instnicted by the EEO Officer in the contractors other than the complainant,such corrective action shalt include such
procedures for boating and hlrN minority group employees. other persons. Upon completion of each investigation,the contractor
d. Notices and posters setting forth the contractor's EEO policy will inform every complainant of all of his avenues of appeal.
will be placed in areas readily accesabte to employees,applicants for
employment and potential employees.
e. The contractors EEO policy and the procedures to implement 6. Training and Promotion:
such policy will be brought to the attention of emptoyees by means of
meetings,employee hsr>dbooks,or other appropriate means. a.The eantraetorwi t assist in beating,qualifying,and increasing
theess�of minority group and women employees,and applicants for
4.Recrultmerd:When advertising for employees,the contractor will
rncluds in■U advertisements for employees the notation: 'An Equal
Opportunity Employer.- All such advertisements will be pieced in b. Consistent with the contractors work force requirements and
publications having a large circulation among mww ty groups in the area as perrtaseibis under Federal and State regulations,the contractor shall
from which the project work face would normally be derived. make fug use of training programs,i.e.,appfentices4,and on-the-job
training programa for the geogrspt>kcat area of contract performance.
a. The contractor will,unless precluded by a valid bargaining Where feasible,25 percent of apprentices or trainees in each occupa-
agreement,conduct syswnatic and direct recruitment through pubac tion shag be In their first year of apprsrticeship or tragi*V. in the event
and private atriployee refe., sources ttcaty is yWd qualified mtrwlty a special provision for training is provided under this contract,this
group spoicants. To meet this fsquaement,the contractor will identify subparagraph will be superseded as Indic"in the spacial provision.
sources of potential mesorty group employees,and establish with such
identbfbd sources procedures whereby mirnofty group allocarft may c, The contractor will advise employees and applicants for
be referred to Cie contractor for wrooymert consideration. employment of available tratnbV programs and entrance requirements
for each.
b. in the evrrt the contractor las a vat bargaining agreement
providtng for excl Calve hireg hall referrals,he Is expected to observe the d. The Contractor wain peniod=W review the training and
provtskm of that agreement to the extent that the system permits the promotion potential of minority group and women employees and will
conttadoes compliance with EEO contract provisions. (The DOL has encourage eligible employees to apply for such training and promotion.
held that where implementation of such agreements have the effect of
ekscrintinat V against rrlirto(tties Qr woman,or ods the Contractor 7. Lhillotm if the contractor relies in whole or in part upon unions as
to do the same,such implementation violates Executive Order 11246. a source of employees,tate contractor will use Meller best efforts to
as unaided.) obtain the cooperation of such unions to increase opportunities for
minority groups and women wittbn the unions,and to effect referrals by
c. The contractor wig encourage his prosect employees to refer such urtane of minority and female employees. Actions by the
minority group applicsr>ts for amployment, information and procedures contractor curer directly or Cmough a contractors association acting as
with regard to referring minorty,group applicants will be discussed with agent will include the procedures set forth below:
a. The Contractor wig use best efforts to develop,in cooperation
S. Personnel Actions: Wages,working conditions,and employee with the unions,joint training programs aimed toward qualityi more
benefits shall be establist+ed and administered,and personnel actions minority group members and women for membership in the unions and
of every type,Wa-xtrhg hiring,upgrading,promotion,transfer.demotim increasing the skills of minority group employees and women so that
layoff,and termination, shall be taken without nqud to race,calor, they may qualify for higher pa ytng employment.
religion.sex,national origin,age or disability. The following procedures
shall be followed: b. The contractor will use best efforts to incorporate an EEO
clause kto each union agreement to the end that such union will be
a.The contractor will conduct periodic inspections of project sites contractually bound to rotor applicants wttitotA regard to their race,color,
to insure that wwidng conditions and employee fact ies do not indicate religion,sex,national origin,age or disabirdy.
dmcr minatory treatment of project site personnel.
c. The contractor is to obtain information as to the referral
b. The contractor will periodcaDy evaluate the spread of wages practices and policies of the labor union except that to the extent such
paid within each ctaselfication to determine any evidence of dtauxtmtna- information Is within the exclusive possessan of the labor union and
tory wage practices. such labor nation fefuses to fumish such Information to the contractor,
the connector shag to certify to the SHA and shall set loft what efforts
have been made to obtain such information.
Page 2
d. In the avant the union is unable to provide the contractor with ill. NONSEGREGATED FACILITIES
a reasonable flow of minority and women referrals within the time limit
set forth In the collective bargaining agreement,the contractor will, (Applicable to all Federataid construction contracts and to all related
through independent recruitment efforts,flit the employment vacancies subcontracts of$10,000 or more.)
without regard to race, color, renglof% sex, national origin, age or
disabillity;matdngfulleffortatoobtainqualifiedand/orqualifiableminortty a. By submission of this bid, the execution of this contract or
group persons and woman. (The.DOL has held that R shed be no subcontract,or the consummation of this material suppty agreement or
N.I a that the union with which the contractor has i colledi a purchase order,as appropriate,the bidder, Federal-aid construction
bargaining agreement providing for exclusive referral failed to refer contractor,subcontractor,material supplier,or vendor,as appropriate,
minority employees.) In the evert the union WerfsI practice prevents certifies that the firm does not maintain or provide for its employees any
Me contractor from meeting the obligations pursuant to ExeaAive Order segregated facilities at any of Its establishments,and that the firm does
11248,as amended,and these special provisions,such contractor shall not permit its employees to perform their services at any location,under
immediately notify the SHA its'cor",where segregated facilities are maintained. The firm agrees
that a breach of this certification is a violation of the E£0 provisions of
8. Selection of Subcontractors.Procuramnerrt of Materials and this contract: The firm further certifies that no employee will be denied
Leasing of Equipment: The contractor stall not discriminate on the access to adequate facilities on the basis of sex or disability.
grounds of race,color,religion,sex,national origin,age or disabdity in
Me selection and retention of subcontractors.including procurement of b. As used in this cediftcation,Me term'segregated facilities„
rets; sand leases of aquipmo t. means any wading rooms, work areas, restroome and washrooms,
restaurants and other eating areas,timeclodcs,locker rooms,and other
a. The contractor shall notify all potential subcontractors and storage or dressing areas,parting lots,drinking fountains,recreation or
suppliers of What EEO obligations under this contract entertainment suras,transportation,and housing facilities provided for
employees which are segregated by explicit directive,or are,in fad,
b. 01sadvantaged business enterprises(DBE),as defined In 49 segregated on the basis of race,color,religion,national origin,age or
CFR 23, shall have equal opportunity to,compete for and perform disability, because of habit, local custom, or otherwise. The any
which the contractor erten into pursuant to this contract enc e0on will be for the disabled when the demands for aecessibsty
The contractor nd9 use his best efforts to solicit bids tram and to utilize override(e.g.disabled packing).
DSE subcontractors or subcontractors with meaningful minartty groin
sad finale representation snot their employees. Cantradors ehai4. c. The contractor agrees that it has obtained or will obtain
obtain lists of DBE construction firms from SHA personnel. Identical certification from proposed subcontractors or materistsupptlers
prior to award of subcortracts or consummation of material supply
c.The Contractor willuse his bast efforts to antis subcontrecror agreements of$10,000 or more and that I will retain such certif lcations
eamplance with their EEO obligations. in ns flies.
9. Records and Reports: The contractor shall keep such records ,
as necessary to document compliance with the EEO requirements. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
Such records Shan be retained for a period of three years followtV
completion of the contract work and ohd be available at reasonable (Applicable to all Federal-end construction contracts exceeding
tires and places for Inspection by authorized representatives of the $2,000 and to all related subcontracts,except for projects located on
SHA snd the FHWA. roadways classified as local roads or rural minor colfedors,which are
exempt.)
a. The records kept by the contrador shall document the
follows g: 1. General
(1)The number d minority and non-rnlwrlty group members a.Ali mechanics and laborers employed or wonting upon the site
and women employed in each work classification on the proud; of the work wilt be paid unconditionally and not less often than once a
week and without subsequent deduction or rebate on any account
(2) The progress and efforts being made in cooperation with jexoW auch payroll deductions as we permitted by regulations(29 CFR
unions, when applicable. to Increase employment opportunities for 3)lamed by the Secretary of Labor under the Copeland Act(40 U.S.C.
minorities and women; 278c))the full amounts of wages and bons file fringe benefits(or each
equivalents thereof)due at time of payment- The payment shall be
(3)The progress and efforts being made in locating,tiring, computed at wage rates not less than those contained in the wage
training,qualifying,and upgrading m1nortty and female employees;and determination of the Secretary of Labor(hereinafter"the wage deterni-
nstiW)which is attached hereto and made a pati hereof,regardless of
(4) The progress and efforts beim made in securing the any contractual relationship which may be alleged to a"between the
services of DBE subcontractors or subcontractors with meaningful contractor or its subcontractors and such laborers and machanies.The
minority and fermis representation among their employees. wage determination(h-duds g any additional ctasshfloatione and wage
rates conformed under paragraph 2 of this Section IV and the DOL
b. The contractors will submit an annual report to the SHA each poster(WH-1321)or Form FHWA-1495)sham be posted at an times by
July for the duration of the project,Indicating the number of minority, the contractor and its subcontractors at tits she of the Work In a
worm,and non-mutority group employees currently engaged In each prominent and accessible place where it can be easily seen by the
work classification required by Its contract work This Information Is to workers. For the purpose of ttts Section,contributions made or costs
be reported on Form FHWA-1391. If on-th"b troWng Is tieing reasonably anticipated for bona fide fringe benefits under Section
required by special provision,the contractor will be required to called 1(b)(2)of the Davis-Bacon Act(40 U.S.C.278a)on behalf of laborers
and report training data. or mechanics are considered wages paid to such laborers or mechan-
ics,subject to the provisions of Section IV,paragraph 3b,hereof. Also,
for the purpose of this Section, regular contributions made or costs
incurred for more than a wseldy period(but not loss often than quart")
under plans, funds, or programs,which cover the particular weekly
period,are deemed to be constructivety made
Pago 3
or incurred during such weekly period. Such laborers and mechanics from the first day on which work is performed in the classification.
shag be paid the appropriate wage rate and fringe benefits on the mage
determination for the dassificabori of work schralty performed,without 3. Payment of Fringe 5snefita:
regard to skin,except as provided In paragraphs 4 and 5 of this Section
IV. a. Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics Includes a fringe benefit which is
b. Laborers or mechanics performing work in more than one not expressed as an hourly rate,the contractor or subcontractors,as
classification may be compensated at the rate speafied for each appropriate,shad either pay the benellt as stated In the wage detertim-
ctaesifioatjon for the time o0 afy worked therein,provided,that the tion or shad pay another bona fide fringe benefit or an houry case
emp"r's payroll records accurately Be forth the time spent in each equivalent thereof.
daselflcation in which work is performed.
b. If the contractor or subcontractor,as appropriate,does net
c. All rulings std interpretations of the Davis-Bacon Act and make payments to a trustee or other third person,hetshe may consider
related acts contained in 29 CFR 11,3,end 5 are herein incorporated by as a part of the wages of any laborer or mechanic the amotmt of any
reference In this contract coats reasonably anticipated N providing bona fide fringe benefits under
a plan or program,provided,that the Secretary of Labor has found,upon
2. Classification: the written request of the contractor,that the applicable standards of the
Davis-eacon Ad have been met The Secretary of tabor may require
a. The SHA contracting officer shad require that sty class of the contractor to set aside in a separate account assets for the meeting
laborcn or mechanics employed under the contract which is not listed of obligations under the plan or program.
in H+e wage determination.shat)be classified In conformance with the
wage determination. 4. Apprsntiees and Trairms(Prograrns of the U.S.OOL)and
Helpers:
b. The contradirg officer shad approve an additional clasalfrca-
Hon,wage rate and fringe benefits only when the following criteria have a. Apprentices:
been met:
(i) Apprentices will be permitted to work at less than the
(1) the wok to be performed by the additional daudIcatlon predetermined rate for the work they performed when they are employed
requested is rot performed by arlassificsibninthe wage determination; pursuant to and individually registered in a bora We apprenticeship
program register"With the DOL,Employment and Training Admnstra-
(2) the a0ditionsl classification Is utilized in the ares by the Hon,Bureau of Apprerliceship and Traiting,or with State apprentice
construction industry: ship agency recognized by the Bureau,or it a person Is employed in
histher first 90 days of probationary enrtQloynrtermt as an apprentice in
(3) the proposed wage rate,including any bore ride fringe such an apprenticeship program,who is not individually registered in the
binaries.bears a onabie relationship to the War rates contained in program.but who has been csrtifmd by the Bureau of Apprenticeshtp
the wage detdmtnatlon:and and Training or a State apprenticeship agency(where appropriate)to be
eligible for pmbatm wy ernployment as an apprentice.
(4) with respect to helpers, when such a classification
prevails in the area in which the work is perform (2) The on wabhr ratio of aW6Wces to journeyman-level
employers on the job site in any craft classification shat)not be greater
c.tfthe contractor or subcortractora,as appropriate.the laborers them the ratio permitted to the cortractor as to the entire work force
and mechanka(H known)to be employed n the additional da ssificatlon under the registered program. Any errooyee listed on a payroll at an
or their representaWn, and the eonbutng officer agree on the apprentice wage rate,who is riot registered or otherwiae employed as
cfas"=bon and wage rate%mckrdutg the artwuntdeslgnated for fringe stated above,shell be paid not less than the applicable woo rate Wed
benefts where appropt ate),a repartaf the action taken strait be seritby m the wage determination for the ctassifcattan of work actuatly per-
the contracting officer to the DOL,Adrninistrator ofthe Wage and Hour formed. In addition,any apprer>tice performing work on the job site in
Vivien. Employrnerl Standards Admin t ation, Washington, D.C. excess of the ratio permitted under the registered program shag be paid
20210. The Wage and Hour AdrrdrJ% w,or an authorized represents- not Was then the applicable wage rate on the wage determination for the
live.will approve,modify,or disapprove every additional classification work actually pentomted. Whore a contractor or subcontractor is
action within 30 days of roes tpt and so advise the contracting officer or perfoming construction on a project in a wcaffy allw than that in which
will notify the contracting officer within the 30-day period that additional Its program is registered, the ratios and wage rates (esgxessed in
time is necessary. parcenteges of the joumeyman4evet hourly rate) specified in the
conlraetoe's or subcontractor's registered program shaft be observed.
d. in the event the contractor or subcontractors,as appropriate,
the laborers or mechar*m to be empWM In the additional ctaseMcation (3) Every apprentice must be paid at not less lien the rate
or thec representatives,and the contracting officer do not agree on the speafiad In the registered program for the apprentice's level of progress,
proposed eMssffrcation and wage rate(tr,dudng the amount designated expressed as a percentage of the journeyman-Level hourly rate specMed
for finge benefits,where appropriate),the eontradN officer shag refer in the appficabne wage determinafwn. Apprentices Shall be paid fringe
Me questions, including the views of as Interested parties and the benefits In accordance with the prowislorws of the apprenticeship
recommendation of the contracting offnm, to the Wage and Hour program.Me apprenticeship program does not specify fringebenefls.
Administrator for determination. Said Administrator,or an auttertzed apprentices must be paid the full amount of frbtge benefrb fisted on the
representative,will issue a determination trrtthin 30 days of receipt and w;&W determination for the appkabteclassification. Ifthe Administrator
so advise Ute contracting officer or win no*the contrscting officer for the Wags and Hour Division detemrines that a different practice
within the 30-day period that additional time is necessary prevaits for the applicable apprentice classification,fringes shad be paid
in accordance with that determination.
e. The wage rate(including fringe benefits where approprists)
determined pursuant to paragraph 2c or 2d of this Section 1V shall be
paid to an workers performing work In the additional classification
Pip A
(4) In the event the Bureau of Apprenticeship and Training, 0. Withholding:
or a State apprenticeship agency recognized by the Bureau,withdraws
appwol of an apprenticeship program,the contractor or subcontractor The SHA shall upon its own action or upon written request of an
wig no lonper be permitted to Wlke apprentices at lees than the authorized representative of the DOL withhold,or cause to be withheld,
applicable prsde"Ined rate for the comparable work performed by from the contractor or subcontractor under this contract or any other
regular employees until an acceptable progrsm is approved. Federal contract with the same prime contractor,or eny other Federally-
assisted contract subject to Davis-Bacon prevailing wage requirements
b. Trainees: which is held by the same prune contractot,as much of the accrued
payments or advances n may be considered necessary to pay laborers
(1) Except as provided In 29 CFR 5.1 e,trainees will not be and mechanics,including appreniloes,trainees,and helpers,employed
permitted to work at lean then the prsdatatmined rate for the work by the contractor or any subcontractor the fug amount of wages required
performed unless they ars employed pursuant to and lhdividualy by the contract. In the event of failure to pay any laborer or mechanic,
registered in a program which has received prior approval,evidenced by including any apprentice,trainee,or helper,employed or working on the
formal certifrc Wit,by the DOL.Empkrpient and Training Admgmlatra- site of the work,all or pad of the wages required by the contract,the
tion. SHA contracting officer may,after written notice to the contractor,take
such action as maybe necess auyto cause the suspension of any further
(2) The rano of trainesa to)oumeyman-Iwsl anployaea on payment, advance, or guarantee of funds until such violations have
the job ate shell not be greeter than permitted under the plan approved ceased.
by the Employment and Training Adm(Netratlon. Any employee listed
on itis payroll at a trainee rate who Is not registered aid participating In 7. Overtime Requirarnents:
a trektng plan approved by the Employment aro!Tr**V Administration
shad be paid not Was then the applicable wage rate on the wage determi- No coritractor or subcontractor contracting for any pad of the
nation for the classification of work actually performed. In addition,any contract work which may tequtre of involve the employment of laborers.
trainee perfaretng work on the job este in soma of the ratio permitted mechanics,watchmen,or guards(including apprentices.trainees,and
under the registered program shad be paid not Was than the applicable helpers described in paragraphs 4 and 5 above)shall require or permit
wage refs on the wags determination for the work actually performed. any laborer,meclhartc,watchman.or guard in any workweek In vNdch
hetshhe Is employed on such work,to work in excess of 40 haus in such
(3) Every trains must be paid at not Was than the rate workweek unless such lsborer,mechanic,watchman,or guard meWes
specified in the approved program for hhrher level of progress, compensation at a rate not less than one-and-ane-half drones hisrher
expressed as a percentage tithe joumaymarAevel hourly rate spedf led basic rate of pay for all hours worked in excess of 40 haus in such
in On applicable wage determination. Trainees shad be paid fringe workweek.
beriefge in oceadancs with the provisions of the trainee program. l(the
WoOm program does not mention hinge berWds,trainees shad be paid
the full amount of f fie benefits fisted on the wage determination urtess s. Wow=
the Administrator of the Wage and.Hour Division determines that there
is an appren leastdp program associated with the corresponding Liability for Unpaid Wages;Liquidated Damages: In the event of
purneymar0evel wage rate on the wage determination which provides any violation of the clause set f0ft in paragraph 7 above,the contractor
for less than fug fringe benefits for apprentices,in which case such end any subcontractor responsible thereof alas be labletothe affected
trainees shed receive the same fringe benefits as apptenlilm. employee for hwher unpaid wages. M addition,such catractor and
subcontractor shall be liable to the United States(in the case of work
(4)In the event the Employment and Training Administration done under contract for the District of Columble or a territory,to such
withdraws appy"of a training program,the contractor or subcontra - District or to such territory)for tiquitwed damages. Such liquidated
for will no longerba.permMed to u Nn trainees at less than the&Wca- damages shag be computed with respect to each indhvi"laborer.
ble predetermined rate for the watt performed until an acceptable mechanic,watchman,or guard employed in violation of the clause set
program Is approved. forth in pan7sph 7,in the sum of$10 for each calendar day on which
such employee was required or permitted to worts In excess of the
C. Helpers: standard work week of 40 hours without payment of the overtime wages
required by the clause set forth in paragraph 7.
Helpers will be permitted to vmk on a project If the helper
clasaftationisspecified anddefined ontheapplicablewagedetermins- 9. Withholding for Unpaid Wages and Liquidated Damages:
tion or Is approved pursuant to the conformance procedure set forth in
Section IV.2. Any worker listed on a payroll at a helper wage rete,who The S HA shall upon its own action or upon written request of any
is not a helper under a approved definition,shah be paid not Ins than authorized repre:aentaftve of the DOL withhold,or cause to be withheld,
the applicable wage rate on the wage determinatlon for the classfication from arty monies payable an account of work performed by the contras-
of work aetuady performed. for or subcontractor under any such contract or any other Federal
oontract with the same prime contractor,or any other Federally assisted
5. ApproMiees and Trainers(Programs of the U.B.DOT): contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime contractor,such sums as may be
Apprentices and trainees waiting under apprerrticsship and skill determined to be necessary to satisfy any dabTrtles of such contractor
training programs which have been cvrtided by the Secretary of or subcontractor for unpaid wages and dquidated damages as provided
Trsnsportstfon ere promoting EEO in connection with Federal-old in the douse set forth len paragraph S above.
highway corwtrucdon programs are not subject to the requirements of
paragraph 4 of this Section W. The straight time hourly wage rates for
apprentices and trainees under such progmmewill beeatabliahedby#* V. STATEMENTS AND PAYROLLS
partk' er programs. The ratio of apprentices and trainees to journey-
man shall not be greater than permitted by the terms of the particular (Appicabletoall Federal-aid construction contacts exceeding$2.000
program. and to sit related subcon ewes,except for projects located on roadways
classified as local roads or Waal coflactors,which are exempt.)
Page 5
1. Compliance with Copeland Regulations(29 CFR 3): (3)that each taborer or mechanic has been paid not less that
the applicable wage rate and fringe benefits or cash equivalent for the
The contractor shall compty with the Copeland Regulations of the classification of worked performed,as specified in the applicable wage
Secretary of labor which are herein incorporated by reference. determination incorporated Into the contract.
2 Payrolls and Payroll Records. e, The weekly submission of a property executed cerIfication set
forth on the reverse side of Optional Form WH-347 shall satisfy the
a. Payrolls and basic records relating thereto shall be main- requirement for submission of the"Statement of Compliance"required
to fired bythe contractor and each subcontractor dw ft the course of the by paragraph 2d of this Section V.
work and preserved for a period of 3 years from the date of completion
of the contract for all laborers, mechanics, apprentices, trainees, f. The falsification of any of the above certificatwns may subject
watchmen,helpers,and guards working at the ass of the work. the contractor to civil or criminal prosecution under 18 U.S.0-1001 and
31 U.S.C.231.
b. The payroll records shah contain the name,soul security
number, and address of each such employee; his or her coned g. The contractor or subcontractor shall make the records
classification,hourly rates of wages paid faxiuding rates of eontribu- required under paragraph 2b of this Section V available for inspection,
tions or costs anticipated for bona fide RbVe benefNa or cash equivalent copying,or tragion by auUwrtted representatives of the SHA.the
thereof the types described in Section 1(b)(2)(8)of the Davis Bacon FHWA,or the DOL,and sttolt permit such representatives to interview
Act);daily and weeldy number of hours worked:deductions made;and employees duxkrg waking tours on the job. If the contractor or
actual wages paid. In addition,for Appalachian oahtraets,the payrog subcontractor fails to submit the requwad records or to matte ahem
records shall contain a notation kxficatbng whether the emp"m does, available,the SHA,the FHWA,the DOL,or all may,after written notice
or does not.normally reside In the labor area as defined In Attachment to the contractor,sponsor,applicant,or owner,take such actions as
A.paragraph 1. Whenever the Secretary of Labor,pursuert to Section may be neoessary to cause the suspension of any further payment,
IV,paragrsph 3b,has found that the wages of any laborer or mechanic advance,or guarantee of funds. Furthermore.faitue to submit the
irtdude the amount of any costa reasonably anticipated in providv:g required records upon request or to make such records available may
benefits under a plan or program described in Section I(b)(2)(B)of the be grounds for dabarment action pursuant to 29 CFR 5.12.
Davis Bacon Ad,the corntractor and each subcontractor shall maintain
records which show that the comn*ment to provide such benefits is
enforceable,OW the plan or program is f rianriaty responsible,that the Vt. RECORD OF MATERIALS,SUPPLIES,AND LABOR
plan or program has been eornmunicated in writing to the laborers or
medwnics affected,and show the cost anticipated or the actual cost I. On all Fedent4id contracts on the National Higtwmy System,
hcurrod in providing bei is Contractors or subcontractors emptying except Chose which provide softy for the installation of protectlwe
apprentices ortraaees under approved programa shall maintain written devices at railroad grade crossings,those which are constructed on a
evidence of the registration of apprentices and trainees,and ratios and force accourt or diroct tabor basis,highway beautification contracts,and
wage rates prescribed in the applicable preptarns. contracts for which the total,final construction Cost for roadway and
bridge Is less Chan$1,000,000(23 CFR 6A the contractor shaft:
c. Each contractor and subcontractor shall furdsh,each week in
whim any contract work is performed,to the SHA resident engineer a s. Become familiar with the Pat of specific materials and
p"of wages paid each of ifs employees pndudhng apprentices, supplies contained in Form FHWA-47,"Statement of Materials and
trainees,and helpers,described in Section IV,paragraphs.4 and 5,and Labor Used by Contractor of Highway Construction Involving Federal
watchmen and guards engeled on work during the precedin weekly Funds;prior to the cormtterzement of work under this contract.
payroll period). The payroll submitted shall set out accurately and
completely a8 of the Information required to be maintained unbar b. Maintain a record of the total cost of aft materials and supplies
paragraph 2b of this Section V. This infonnatiorh may be submitted in purchased for and incorporated In the work,and also of the quantities
any form desired. Optional Form WH-347 is available for this purpose of those specific materials and supplies fisted on Form FHWA-47,and
and may be purchased from the Superintendent of Docur ents(Federal in the units shown on Form FHWA-47.
stock number 029-005-00141), U.S. Government Printing office,
Washington.D.C.20402. The prima contractor is responsible for the c. Furnish•upon the completion of the contract,to the SHA
submission of Copies of payrolls by all subcontractors. resident engineer on Fonm FHWA-47 together with the data required in
d. Each paragraph I relative to materials and supplies,a final labor summary
payroll submitted shall be aaornpanied by a"Statement of all contract worts indicating tte total hours worked and the total
of Compliance.*signed by the contractor or subcontractor or hisfier amount earned.
agent who pays or supervises the payment of the persons employed
under the contract and shall nerthfy the folowIng: 2. At the prime contractors option,either a single report covering all
contract work or separate reports for the contractor and for each
(1) that the payroll for the payroll period contains the subcontract shall be submitted.
information required to be maintained under paragraph 2b of this Section
V and that such Wormatfon is correct and complete-,
Vill. SUBLETTWO OR ASSIGNMG THE CONTRACT
(2)that such laborer or mechanic (Including each helper,
apprentice,and trainee)employed an the contract during the payroll 1 The contrador shall perform with Its own organization contract
period has been paid the furtl weeldy wages earned,without rebate,either work amounitnhg to not less than 30 percent(or a greater percertage if
ctredfy or tnolredty,and that no deductions have been made either specified e}Sewtwe in the contract)of the total original contract price,
directly or Indirectly from the full wages earned.other than permissbie exciudng any specialty Nems designated by the State. Specialty Nems
deductions as set loft in the Regulations,29 CFR 3; may be performed by subcontract and the amount of any such specialty
Nems 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 wganUMon(23 CFR 635).
Ping.e
.8. "Its own crganizatlon" shall be construed to include only engineers,contractors,suppliers,and workers on Federal.sid Nghway
workers employed and paid directly by the prime contractor and projeds, d is essential that all persons concerned wdh the project
equipment owned or rented by the prune contractor,with or without perform thsU functions as carefully, thoroughly, and honestly as
opastors. Such term does not Include employees or equipment of a possible. Willful falsification, distomon, or misrepresentation with
subcontractor,assignee,or agent of the prime contractor. respect to any facts related to the projecl is a violation of Federal law.
To prevent any misamderstandin9 regarding the seriousness of these
b. "Specialty Items"shall be construed to be smiled to work that and eimdar ads,the following notice snap be posted on each F ederalaid
requires highly speclattted imowl$dge, abilities, or equipment not highway project(23 CFR 635)in one or mora places where d is readily
ordinarily avahable in the type of contracting crpsnlzatlons qualified and available to all persons concerned with the project:
expetW to bid on the contract as a whole and in general are to be
funited to minor components of the overall contract.
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AM
2. The contract amount upon which the requirements set forth in HIGHWAY PROJECTS
paragraph 1 of Section VI1 is computed Includes the cost of material and
manufacNred products which are to be purchased or produced by the 1B U.S.C.IOM reads o follows:
contractor under the contract provisions.
3. The cornrector shall furnish a e superintendent or orof�Srars or eftwy.or,agent, r,whether a person,association.States,
( ) sc+pe y cry,or whoever,whether s person.assoasaon,
superviacr who is employed by the firm, has full authority to direct Ams, or corporeCon, kno%*Wfy makes any false statement. false
performance of the work M accordance with the contract requirements, raproserrtdoon.or rause report as to Ura character,qually,quentky,or
and is in chargee of all construction operations (regardiess of who cost of lire materia!used or to be used,orthe quantity arqualky oftre
performs the work) and (b) such other of its own organb*mnsi work performed or to be performed,or the cost thersoftm connection
resource$(supervision,management,and engineering services)as the with the submtssnon ofprens,maps,specdlloaBons,contracts,or costs
SHA contracting oRiow determirws is necessary to assure the perfor- ofconstrucean on anyhlphweyorretated protect submWMdWapproval
mance of the contraict to the Sacmary of Transportation;or
4. No portion of the contract shall be sublet,sunned or otherwise Wrioevafknowfn*mskes anyfefsestatement false►eprosont4on,
disposed Of except with the written consent of the SHA contracting false ►apart or false palm MM respect to the character, quality,
offleer,oreufthoria'edrepresentative,andsuchconsentwhengivenshag quon*,orcost ofany Workperformed ontobepedomied.ormatedsis
riot be eorrotrued to relieve the conte roc of any responsibility tar the fumished or to be ftrnrkrhed,kr connection with the eonstrucOn of any
fulfdhnW of the mth at. Written consent will be given only ager the highway orrelatedpruledapprovedbyfhe SmrtaryofTrarmportadl A
SHA has assured that each subcorttrad is evidenced in writing and that or
lt contairs all pertinent provlslons and requirements of the prime
contract. Mmver knowingfy mskaa any lilac statement or false mprs-
sentatlon as to matartat fad in any statarneM. coAfficato. of report
submitted pursuant to provWons of the Federsbaid Roods Act
VOL SAFETY:ACCIDENT PREVENTION approved July 1,1916,(39 Stat.35S),as amended and supplemented
1.In th$perfornance of this contract the contractor shall comply with Shoe be finnednot more thea S 10,000 or imprisoned nat more then 5
all appUoable Federal,Ststs,and bed laws govenft safety,health,and years or both.'
sanitation(23 CFR 635). The oattractor shop provide all safeguards,
safety devices and protect"equipment and take any outer needed X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
actions as a determines, or as the SHA contracting officer may WATER POLLUTION CONTROL ACT
determine,to be reatsornhbly necessary to protect the life and hearth of
trmployees on the job and the safety of the public and to protea property (Applicable to ail federal-aid construction contracts and to all related'
in connection with the pedannance of the work covered by the contract.• subcontracts of$100.000 or more)
2. It Is a condition of this contract,and shag be made a condition of By submission of this bid or the execution of this contract,or subcon-
each subcontract, which the contractor enders koro pursuant to this tract.as appropriate,the bidder,Federal-aki construction contractor.or
contras,that the contractor and any subcontraldor shalt not permit any subcontractor, as appropilate,will be deemed to have stipulated as
empto)w,In paAormance of the contract,to work In surrocatdhps or follows-
under conditlans which are unsanitary, hazardous or dangerous to
hi~health or safety,as determined under construction safety and I. That any fadtRy that is or will be utilized In the performance of this
health standards(29 CFR I9 promulgated by the Secretary of Labor, contract.unless such contract is exempt under the Clean Air Act,as
In accordance with Section 107 of the Contract Work Hours and Safety amended(42 U.S C.1857 at tom.,as amended by Pub.L.91-604),and
Standards Act(40 U.S.C.333). under the Federal Water P;FhAion Control Act,as amended(33 U.S.C.
1251 at ant.,as amended by Pub.L.92-500),Executive Order 11738,
3. Pursuant to 29 CFR 1848.3,A is s condition of this cordrad that and regulations in implementation thereof(40 CFR 15)is not fisted,on
the Seer$tary of Labor or authorised representative thereof,shag have the date of contract award, on the U.S. Environmental Protection
right of entry to any aReofcontract performance toInspectorkwestigate Agency(EPA)List of Violating Facilities pursuant to 40 CFR 15-20.
the matter of compliance with the construction safety and health
standards and to carry out the tholes of the Secretary under Section 107 2. That the firm agrees to comply and remain in compliance with as the
of the Contract Wok Hours and Safety Standards Act(40 U.S.C.333). requirements of Section 114 of the Clean Air Act and Section 305 of the
Federal Water Pollution Control Ad and all regu Ntions and guidelines
listed thereunder.
IX, FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
3. That the firm shah promptly notify the SHA of the receipt of any
In order to assure high quality and durable construction in conformity communication from the Director, Office of Federal Activities, EPA,
With approved plans and specifications and a no degree of reliability on indicating that a facility that Is or will be utlltzed for the contract is under
statements and representations made by consideration to be Hated on the EPA List of Violating FacllRies.
Page 7
4. That the firm agrees to include or cause to be included the require- frequency by which it deternvmes the eligibility of its principals. Each
merits of paragraph i through 4 of this Section X in every nonexempt participant may, but is not required to, check the nonprocxrement
subcontract,and further agrees to take such action as the government portlon of the`Lista of Parties ExcWQed From Federal Procurement or
may direct as s means of enforcing such requirements. Nonprocumn rri Programs-(Nonprocurement Lint)which is compiled
by the General Services Administration.
XI. Ct-RTIFtCATION REGARCKNO DEBARMENT,suSPENSION, i.Nothing contained In the foregoing shall be construed to require
INELHIIM tTY AND VOLUNTARY EXCLUSM establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information of
1. Instructions for Ca tfication-Primary Covered Transac• puticipent Is not required to exceed that which is normally possessed
tions: by a prudent penaen in the ordinary course of bus'mess dealings.
(Applicable to all Fedora 4d contracts-49 CFR 29) j. Except for transactions authotizsd under paragraph f of these
instructions,if a Participant In a covered transaction knowingy enters
a. By signing and subm"this proposal, the prospective into a lower tier covered transaction with a parson who is suspended.
primary participant Is providing the certification set out below. debarred, ineligible, or voluntarily excluded from participation in this
transaction, In addition to other remedies available to the Federal
b. The inablity of a person to provide the certification set out Government,the department or agency may terminate this transaction
below will not neemardy result in denial of participation in Cris covered for cause or defaulL
transaction. The prospective participant snap subm+T an explanation of
why it cannot provide the cartificabonm set out below. T he certification or •.
explanation will be considered in connection with the department or
agency's determination wtwttw to enter into V is trarbaction.However. Certification"at"Debarment,suspensWri,lnetigribillty
failure of the prospech"primary participant to furnish a certiicstion or and Voluntary Exclusion—Primary Covered Transaction
an explanation shalt disqualify such a person from pnrtkap um in ttva
transaction. 1. The prospective primary participant certifies to the test of its
knowledge and belief,that It snd Its principals:
c. The certification in thris clause is a material representation of
fact upon wtdch reliance was placed wtien Ito department or agency a. Are not presently debarred, suspended, proposed for
determined to enter into this transaction. If It Is later datermined that the debarment,drrdared ineligible,or votuntarify erocluded from covered
prospecUn primary pert knowingty rendered an enroneous transact o s by any Federal department or agerwyr,
fon, kr addition to other remedies available to the Federal
Govermrert<,the depachrm of agency may tarmtru to tide transaction b. Have not withh a 3-year period preceding this Proposal been
for cause of dafaulL convicted of or had a ctw lodgement rendered against them fan
conviriissron of fraud or a cnr"l offense in connection with obtakft
d. The proapective primary participant shag provide immediate atter to obtaln,or perfonning a public(Federal,State or local)
written notice to the department or agertay to whom this proposal is transaction or contract undo a public transaction;violation of Federal or
submitted if arty time the prospective primary participant Teams that its State antitrust statutes or commission of entttezrseme it,theft,forgery,
evOcabori was arromeous when sutm filled or has becorne erroneous bribery,falsific rtlor or destnx t;on of records,making false statements,
by reason of changed circumstances. or receivhn9 stolen pmpertr
e. The telt'covered transaction'"debarred,''stuspertded,'
-IneUgilbie: "tower bar covered transaction,. "participant," -person; c. Are not.pmoar y lndicted for or otherwise crtminaAy or civilty
"primary covered tntnsaction."principal'"proposal,"and"vokattargy, charged by a govern mental entity(Federal.State or local)with commis-
excluded:as used In this clause.have the meanings set out in the sion of any of the offenses enurnerated In paragraph 1 b of this c4!dd ;a-
OeWian and Covenege sections of rules hnplementing Executive tion;and
Order 12549. You may contact the department or agency to wtvch this
proposal is submitted for assistance in obtaining a copy of those d. Have not wlftin a 3-year period preceding this appk*-
regulations. tiorupreposak had one or more pubbc transactions(Federal,State or
boon terminated for cause or default.
f. The prospective primary Participant agrees by subetRting this
Proposal that,would the proposed covared transaction be entered Into, 2. Where the prospective pricey participant is unable to certify to
it shag not knowingy enter Into any lower be covered transaction with any of The statements in this certificcatton,such prospective participant
a person who is debarred,suspended,dadared ineligible,m vohmtarily shall attach an explanation to this proposal.
excluded from participation in thin covered transaction,unless sutha-
rized by the departrnent or agency entertng Into this tresecum. •.
9. The prospective primary pvtIcipard further agrees by 2, inatrucUmsfor Cediftlition-Lower Tier Covered Tranw-
subm"this proposal that It will Include the clause tilled'Certification tions:
Regarding Debartnarn,Suspension,InetigbTay and Vowntary Exclusion-
Loaner TW Covered Transaction:provtded by the department or agency (Applicable to all subcontracts.purchase orders and other tower tier
entering into Cris covered transaction.wlttrout modification,in all tower transactions of$25,000 or more-49 CFR 29)
tier covered transactions and in ag solicitations for tower tier covered
transactions, a. By signing and submitting this proposal,the prospective lower
tier Is providing Cur eertincation set out below.
h. A participant in a covered trarrsactlon may rely upon a
caAiBcatton of a prospective participant in a lower tier covered trar"e-
tion that is not debarred,suspended,inengibte,or voturdarity exck ided
from the covered transaction,unless it knows that the certification is
erroneous. A perticipannt may decide the method and
Page is
b. The cettifioabon in this clause a a material representation of Certification Regarding Debarment,Suspension,Ineligibility
fact upon which reliance was plecedwhen this tranaactlon was entered and Voluntary Exclusion-Lower Tier Covered Transactions:
into. If It Is Ister determined that the prospective lomr tier participant
knowingly rendered an erroneous certification, In addition to other 1. The prospective lower tier participart certifies,by submission of
remedies available to the Fadaral Governrnant, the department, or this proposal,that neither it nor Its principals is presently debarred,
agency with which this transaction originated may purses available suspended,proposed for debarment,declared ineligible.or voluntarily
remedies,including euspanslon sndror debarment. excluded from perticipWon in this transaction by any federal depe-
ment or agency.
c. The proapsr:tive bvwf tier participant shall provide immediate
written nodce to the person to which this proposal is submitted if at any 2. Where the prospective lower tier participant is unable to certify to
time the prospective lower tier participant leeme that cls certification was any of the statements in thea certification,such prospective participant
erroneous by reason of changed circumstarices. shall attach an explanstion to this proposal.
d. The terms"covered transection,""debarred,""suspended," ...'.
"Ineligible," "primary covered transaction; "participant," -person,.
"principal,""proposal"and'voluntarily ewcluded;as used in thiscisuse, XIL CERTIFICATION REGARDING USE OF CONTRACT FUNDS
have the meanings set out In the Definitions and Coverage sections of FOR LOBBYING
Mss Mnpkmenting Executive Order 12549. You may contact the
person to which this proposal Is sublydlted for assistance In obtaining a, (Applicable to ah Federal-ald construction contracts and to all related
copy of those regulations. subcontracts which exceed 5100,000•ap CFR 20)
e.The prospective knvertier participant agrees bysubmitting this 1. The prospective participant certifies,by signing and submitting
propessl that,should the proposed covered transaction be entered Into, this bid or proposal,to the best of his or her knowte p and betlet,that:
R shall not knewingiy enter into any lower tier covered transaction with
a person who to debarred,suspended,declared ineligible,or voluntarily a. No Federal appro"ed lunds have been paid or win be paid,
,excluded from participation In ftds covered transaction,uniess audio- by or on behalf of the undersigned,to any person for influencing of
And by lite department or ageneyw Ith which this transaction originated. attempting to influence an officer or employee of any Federal agency,a
Member of Congress. an offlow or smPloyae of Congress, or an
f. The prospective lower tier partktiparn further agrees by employee of a Member al.Congre,"in connection with the awarding of
submitting this proposal that R vii inducts this clause tilled"Certifiosfion any Federal contract,the making of any Federal grant,the malting of any
Regarding DebarmeM Suspension,ktehgi linty and Voluntary Exclusion- Federal loan,the enttetng into of any cooperattve agreement,and the
lower Tier Covered Transaction;without modification,In sA kwver tier extension,cor*udion. mnw*, amendment,or modification of any
covered transactions and In oil soNcRatiana fat lower tier covered Federal contract,grant.ban.of cooperative agreemerrt.
traneadiorri.
b. If any funds other than Federal appropriated funds have been
S. A padclpent In a covered transaction may rely upon a paid or will be paid to any person fir influencing or attempting to.
eardfleatim of a prospective participant In a lower tier covered transact- influence an officer or employee of any Federal agency,a Member of
tion that Is not debarred,suspended,Ineligible,or voluntarily excluded Congress,an officer or employee of Congress,or an employee of a
from the covered transaction,unless R knows that the Certification is Member of Congress in correction with this Federal contract,grant,
erroneous. A portelpent may decide the method and frequency by ban,or cooperative agreement,rte undersigned shah complete and
which R determines the stiliblity of is priratipals. Each participant may, submit Standard Form-LLL,"Diselost Form to Report Lobbying,"in
but is not required to,dick the Noriproarrorrm List. accordance with Its instruction.
h. Nothing contained in the foregoing shall be construed to 2. This certification is a materiat representation of fad upon which
require establishment of a system of retards in order to render in good reliance was placed when this transaction was made.or entered into
faith the certiftatlon required by this tdsuse. The knowledge and Submission of this certification is a prerequisite for making or entering
information of participant is not required to exceed that which to normality into this transaction Imposed by 31 U.S.C.1352. Any person who falls
possessed by a prudent person in the ordinary course of business to file the required certification shall be subject to a civil penalty of not
dealings. less than 510,000 and not more then 5100,000 for each such failure.
i. Except for transactions mutated under paragraph a of these 3 The prospective participant also agroes by submitting his or her
instructions,N a participant in a owed transaction knowingly enters bid.or proposal that he or she shah require that the language of this
into a lower der covered transaction with a person who is suspended, certification be included in all lower tier subcontracts,which exceed
debarred, ineligible, or vahsttarify ntcwded from participation.in this $100,000 and that all such recipients shah cedtty and ftolose aocord-
ttansactfen, In addition to other femadies evsilable to the FwWai Nty.
Government, the department or agency with which this transaction
originated maypursus available remedies,i -lulling suspension oncitor
debarment.
Pape 9
ATTACHMENT A• EMPLOYMENT PREFERENCE FOR (c)the date on which he estimates such employees all be required,and
APPALACHIAN CONTRACTS (d)any other pertinent Information required by the State Employment
(Applicable to Appalachian contracts rx1ty.) Service to complete the job order form. The job order may be placed
with the State Employment Service In writing or by telephone. It during
1.During the performance of this contract.I M contractor undertaking the course of the centrad work, the information submitted by the
to do work which is,or reasonably may be,done as on-site work,than convactor in the original job order is substantially modified,tie shall
give preference to qualified parsons who regularly reside in the tabor promptty notify the State Employment Service.
area as designated by the DOL wherein the contract work Is situated,or
the subregron,or the Appatac Nan counties of the State wherein the 3. The contractor shall give fun consideration to all qualified fob
contract work m situated,except: applicants referred to him by the State Employment Service Thr
cortrector is not mgidred to grant empfdyment to any job applicants who,
a- To Cmc extent hurt qualified persons regularly reel prig in the in his opinion. ars not qualified_ to perform the classification of work
area are not available. required.
b. For the reasonable needs of the contractor to employ 4. N, within 1 week following the plactng of a job order by the
supervisory or specialty experlericed perswxW necessary to assure an contractor with the State Empiayment Service,the State Employment
efficient execution of the contract wok. Sepia to unable to refer any qualified job applicaNs to the contractor,
or lose there the number requested,the State Employment Service wig
c. For the obligation of the contractor to otter employment to forward a ceAfflcate to time contractor indicating the unavailability of
present or fomwf employees=the resutt of a*out collective bargalh- applicants- Such certillcate shall be made a part of the contractor's
ing contract,provided that the number of nonresidwt per employed permanent project records. upon receipt of ttvs certificate, the
under this subparagraph 1e shall not exceed 20 percent of the total contractor my employ persons who do not normally reside in tiro labor
number of employees employed by the contractor on the coact work, area to rill positions covered by the certificate, notwithstanding the
except as provided in subparagraph 4 below. provisions of subparagraph 1 c above.
2. The contractor shall plan a job order with time Stade Employment S. Thor tontrector stmtl include the provisions of Sections f tlttough
Service indicating(a)the ciao of the laborers,mechanics and 4 of this Attachment A In every subcontract for work M*h ts. or
other employees required to perform ft contract work,(b)the number reasonably may be,dopa as onsite work.
of employees required in each claswkstion,
Page 10