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HomeMy WebLinkAboutOrd.310.03-18-1986 , � . � v BILL N0. 86-28 ORDINANCE NO. Ar1 ORDINANCE AUTHORIZING THE CITY MANAGER TO FNTER INTO A BRIDGE LOAD POSTING AGREEMENT WITH THE MISSOURI HIGHWAY AND TP.ANSPORTATIO�I COMMISSION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU , MISSOURI , AS FOLLOWS: SECTION 1 . The City Manager on behalf of the City of Cape Girardeau, Missouri , is hereby authorized to enter into a Bridge Load Posting Agreement with the Missouri Highway and Transportation Commission. A copy of this Agreement is attached to this Ordinance and made a part hereof . SECTION 2 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS -�-��- DAY OF , 1986 , � J x � r�, V'��T/ti'�C--1� � ;r�u�.,h�—yc.r... Howard C . Tooke, Mayor ATTEST: Alvin M. Stoverink , City C erk ✓'�. CI"fY OP �qpR GIRARDEAU CAPE GIRARDEAU COUNTY YROJIiCT BItO-016 � 16� � I31t7.11Cls LOAD PO�S'L'ING nGRGCML'NT '1'his AgreemenC , macle and entered into by and between the Missouri llighwc�y and 1'ranspor. tati.on Commission, herei.n called "Commission" , and chc City ot: Cape Girardeau herein called "CiCy" . W1'1'NE?SS1;1'ff: "Ihe Congress o[ �he Unil:ed StaCes has auLhorized, in Section 124 of the Federal-Aid 1lighway Act oE 197f3 (Pu�. L. 95-599; 92 St.at. 26F�9) , �he Secretary o[ Transportation to grant f:unds to s'CaCes tor ��rojects for the replacement and rehabilitacion o[ Coll-Lr.ee publi.c �ri.dges which are � not part oL any Pederal-Aid System ancJ whi.ch are under rhe jurisdi.c�ion oC and maintained by a public autlior. i.ty and �i'e o�en to ��ublic tr.avel . , Periodic inspections oI otf.'-syslem bridpes liave been ancJ will continue to be made by tlle City and Comrnission ever.y two years or. as . subsequently required by t}ie I'ederal lligliway Aclminislrati.on. The Federal Ilighway �dmin.isLr�ti.on ' requ.ires t:hat eacli br-icJf;c� he � rated as to its safe load carrying capaci.ty, and iE i.t i.s derer.minecl tmcler this rating procedure that the maximum legal l.oad �mder 5Cate law er.ceeds � r_he ]oad perrnieted under the Operati.ng Ratin�, the bridge must be �osted in conformity with Lhe A[1SfiT0 Manual for rtai.ntenance Inspec�i.on oC }Zridges, 1983 or in accordance with the State 1aLo. In consideration oI Che mu�ual convenants and pr.omises contained herein to be faithtully IcepC and per. f.ormed by the parties hereto and each of them, iC is a�reecl as follows : 1 . Commission will Lurnish Co CiCy lists i.��di.caLi.�ig cahi.ch bridges have been r.ated Lor sate load carryin� ca��aciCy and whi.c)i br. id�;es have not been so rated. 2. Commission wi11 turnish Lo City inCorrnati.on wliicli i.s available in it ' s files with �-espect to bridge and siCe char.acleristics. 3 . City wi11 esCablisli, or engage qualiEiecl consulting engineers to e>taUlish, sa[e load rati.ngs Lor all bridges under City' s jurisdiction which have not been so rated. 4. City wi.11 present Commission wi.Lh a scliedule of: signs Lo lie posted togetlicr with an eseimate oE cosC Lor the insCallation thereof. . /"1 S. Upon approval of: C.ity' s scheclule by Llie i'ederal llighway Atlmini6treCion, City wi11 install or. causc to be instaLlecl signs indicaCin� �, the safe load carrying capacity tor a1.1 bridges as deter.m.Lned pursiiant hereto. Ilridgcs rated at less than thi-ee tons should be closed to all vehicular traff. ic. 6. 'Che cost of C}�c improvcmcnt ConLem��laLed herein wi.i1 be borne by thc United States Cover.nmenL ancl by Llie CiL-y . 'I'he Ci.ey will. invoice the Commission Lrom time to Ciine Lor Clie CiCy ' s cosL oL cleCermining ratings , for �he cost ot Clie City ' s consulCi.ng engineer, and the cosL of: installing si�;ns Uy the CiCy' s Eorces or conlractor. 1'he Commission wi.11 reimburse the Pederal share to Che City. 'flie ��ar. L-ies undersCancl tliat tlie !'ederal share Cor this project i.s noL mor.e tlian IIO% o(� �I�e total cost of. the project . I� is unders�ood tlia� Lhe presenC policies governi.ng Clie participating ratios oL the Pederal GovernmenC ancl City may Ue changed as to specific projects in �hc LuCure. 7 . Si�ni.ng shall. be in accoi-dance witli Llie mosC recenL ediLion oE tlie Manual on UniLorm '1'raLCi.c ConCroL Devi.ces , U.S• DcpartmenC oL 'Cransportation , I'ederal llighway �dmi.nistr.ation. 8. �fter consCrucLion and insLallarion, all obligaCions of Commission undcr. this Agrcemei�t sha11 thereupon cease and terminate. City shall 1<eep, control and maintain thc roads , br. idges and signing the same as and Lor a11 purposes , a p�rt oL the City' s road system a� its own cost and expense and aC no cost anc! expense whatsoever to Commi.ssion. 9. City shal. l. indcmnify anct save harmless the Commission from �►'� damages or clai�ns for damage arisin� as a proximaLe resul.t of the negligence oE City or ics agent or employees, in connection with the herein contemptated i�nprovemcnts. It is the intent oE the parties hereto that Commission is co assu�ne nu liabil.ity Cor the completion ot the herein contemplated i.inpravements ; and , iL Che Commission should ezpend any funds in connection herewith Lor wlii.ch it is not reimbursed by the United States Government , Ci �y will reimburse L'he Commission [or same. 1(�. City shall secure any necessary approvals or permits from ' the [�ederal Co��crnment and tlic State o[ Plissouri as required to permit the cons[rucr.ion ,�ncl maintenance o[ the improvements contemplated herein. ' 11 . At r.he ti.me oC processi.ng the required project agreements . �:i th tlie Fe�ler,�l iligh�aay Administrati.on, Commission will advise City of any rc�quired goals [or partici.pati.on oL disadvantagcd business enter.prise and I�usinesses owned and controll.ed by f.emal.es to be included in City' s ��roposnl tor cl�e worlc to �e perf:ormecl by competitive bid. 1 '>. . City slial.l iioti.fy prospecCi.vc bi.ddcrs t:hat mi.nori.Cy 1>usincss cnCc�r�,riscs wi. 11 bc rif:I.orciccl Cul.l ancl ,iff.i.r�native o���orCunity Co sul�mi.t t�ids in response Co the invitaCion ancl wi.11. not I�e di.scri.ininated a�;ainst on grounds oL racc , color, scr. , or naei.onal ori.gin in consideration � [or an award. , , � �1 ls . City shall. insure lhat r.epr.esentatives nE tl�c Commission ' �nd r.he rederal. llighway AdminisLration sha11 liave access lo the project Cor Che purpose oL i-nspece:in� r�n�l r.evlewlnk work Ueing perCormc.d liy any contractor or sub—contracCor on Che off—sysCem bri.dge r.eplacement arid rehabilitation project . CiL-y shail also requir.e al.l conLractors and subcontractors to maintain boolcs, accounl, lecigcrs, invoices, dratts , documents, pages, and other busi.ness r.ecor.ds pertaini.ng to the perf:ormance of this oft—system bridge project conLracL ancl shall require that such materials be available at the contracCors ' Li.elcJ or. per.maiienl business otfices at all reasonable ti.mes d�ring lhe per.Lormance of. the contract ancl for three years from date of [inal payment uncler Che contract , Lor inspection by authorized representatives oL Che Commission and/or the Federal Highway Administration. 14. Following completion oL tlie contract, or during pertormance of the same as directed, City will submit vouchers l-o Commission' s Ui.strict Engi.neer for reimbursement by rhe United SCates Government as hereina[ter set out . Any progress paymenLs which may Ue made to City shall not in �ny case exceed 95% ot thc esti.mated total. obli.gation of. Clie United SCaCes Government wi�h the balance being payable upon compleLion o[ �lie [inal audit . No retention will be withheld from the i.nvoice cos� for signs installed by City forces in accordance with Paragr.aph 6. 15. Reimbursement payments shall be pli.ci I�y the Uni.ted SCaLes Covernment through t}1e Commission to Ci.ty on completion oC Che Linal. audit by the Federal. tiighway AdministraLion and Commission of: all eli.gible costs � incurred by City. 1.6. As responsi.bili.ty for the performance oE all functions or worlc contemplated as part of this project is assumed by the City and the City m�y elect ro construct a11 or par.t of the improvement contemplated herein with it_s own forces, a copy of United States Department of Transportation Form PR-1273 , Required Contract Provisions, Federal—Aid Construction Contracts," is attache.d hereto and is her.ein incorporated by reference and made a part of this agreement. Wherever the term "the contractor" or words of similar impore appear in rorm I'R-1273 , the term "the City" is to be substitu�ed. '1'hc City agrees to abide by and carry out the condi.tion and obligations of "tlie contractor" as stated in Section II , Gqual Upportunity, and Section III, Nonsegregated Facilities, as set out in ['orm I'K-1273 . 17 . This ��;rcemenc is entcred into subject to the approval of the I'ederal Ili�hway ndministration. � ItJ WITNtiSS WIILRCOF, the parlies liereCo have caused this a6r4omant co b� axecur.ed by their resre�tive oLEicers and the CiCy execuCes `,, same pursuant to Ordinance No. , of said City approved on the day ot , 1986. Executed by City the day ot , 19 , Gxccuted by Commission the day oL , 19 , rlISSOURI }iIG11WAY AND TRANSPORTATION COr1PfISSION IIy Chief Engineer A'C'1'[:S 1': (S f•.!�I.) \ , . Secretary ' • API'ROVL•'D AS 'CO I'ORM: ... Counsel � CI'CY 0[' CAPE GIRARDCAU MISSOURI . I3Y ' ' Mayor . A'f1'EST: (SEAL) City Cleric �./ � � U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION REQUIRED CONTRACT PROVISIONS � FEDERAL-AID CONSTRUCTION CONTRACTS (EXCLUSIVE OF CERTIFICATION ACCEPTANCE AND APPALACHIAN CONTRACTSI Page in conspicuoua placea, available to employees and applicanta.for I. Application ________________________________________ 1 employment, notices to be provided by the State highway depart- II. Equal Opportunit 1 ment eetdng forth the provisions of this nondiscrimination clause. y --------------------------------- III. Nonsegregated Fncilities ____________________________ 2 b. The contractor will, in all solicitations or advertisements for IV. Payment of Predetermined Minimum Wages __________ 2 employees placed by or on behalf of th� contractor, state that all qualified applicants will receive consideration for employment V. Statements and Payrolls _____________________________ 3 W��out regard to race, color, religion, sex, or national origin. VI. Record of Materials, Supplies and Labor _____________ 3 c. The contractor will send to each labor union or representative VII. Subletting or Assigning the Contract _________________ 4 of workera with which he has a collective bargaining agreement or VIII. Safety; Accident Prevention ________________________ 4 other contract or understanding, a notice to be provided by the IX. False Statements Concerning Highway Projects ________ 5 State highway department advising the said labor union or work- X. Implementation of Clean Air Act and Federal Water ers' representative of the contractors commitments iinder this sec- Pollution Control Act ________ ______ 6 tion II-2 and shall post copies of the notice in conspicuous places available to employees and applicants for employmen� I. APPLICATION d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations ' 1. These contact provisions shall apply to all work performed (41 CFR, Part 60) and relevant orders of the Secretary of Labor. on the contract by the contractor with his own organizaion and with the assistance of workmen under his immediate superintend- e. The contractor will furnish all information and reports re- ence and to all work performed on the contract by piecework, 4uired by Executive Order 11246 of September 24, 1965, and by station work or by subcontracG rules, regulations and orders of the Secretary of Labor, or pur- suant thereto, and will permit access to his books, records and °. The contractor shall insert in each of his subcontracts all accounts by the Federal Highway Administration and the Secre- of the stipulations cuntained in these Required Contract Provi- tary of Labor for purposes of investigation to ascertain compliance sions and also a clause requiring his subcontracWrs to include with such rules, regulations and orders. these Required Contract Provisions in any lower tier subcon• f. In the event of the contractor's noncom ltance with the non- tracts which they may enter into, together with a clause requir• p �� ing the inclusion of these provisions in any further subcontracts discrimination clauses o! this contract or with any of the said that may in turn be made. The Required Contract Provisions rulea, regulations or orders, this contract may be canceled, termi- shall in no instance be incorporated by reference, nated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or Federally- 3. A breach of any of the stipulations contained in these assisted construction contracts in accordance with procedures Required Contract Provisions may be grounds for termination authorized in Executive Order 11246 of September 24, 196, and of the contracG such other sanctions may be imposed and remedies invoked as 4. A breach of the following clauses may also be grounds for Provided in Executive Order 11246 of September 24, 1965, or by debarment as provided in 29 CFR 5.6(b): rule, regulation or order of the Secretary of Labor, or as other- wise provided by law. Section 1, paragraph 2; Section N, puragraphs 1, 2,3, 5 and 7: 8. The contractor will include the provisions of this Section II-2 Section V, paragraphs 1, 5a, 56, and 5d in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so II. EQUAL OPPORTUNITY that such provisions will be binding upon each subcontractor or 1. Selection of I.abor: vendor. The contractor wili take such action with respect to any subcontract or purchase order as the State highway department or During the performance of this contract, the contractor shall the Federai Highway Administration may direct as a means of en- not discriminate against labor from nny other State, possession or forcing such provisions including sanctions for noncompliance: territory of the United States. Provided,however, that in the event a contractor becomes involved 2. Employment PraCtices: in, or in threatened with litigation with a subcontractor or vendor as a result of such direction by the Federal Highway Administra- During the performance of this contract, the contractor agrees tion, the contractor may request the United States to enter into as follows: such litigation to protect the interests of the United States. a. The contractor will not discriminate against any employee or 3. Selection of Subcontractore, Procurement of Materiala, applicant for employment because of race, color, religion, sex, or and Leasing of Equipment: national origin. The contract will tuke aH'irmative action to en• Durin the sure that applicants are employed, and that employees are treated S performance of this contract, the contractor, for during employment without regard to their rnce, color, religion, �tself, its nssignees and successors in interest (hereinafter referred sez, or national origin. Such action shall include, but not be lim• �o as the "contractor") agrees as follows: ited to the following: employment, up�rading, demotion or trans- a. Compliance With Regulations: The contractor shall comply fer; recruitment or recruitment advertising; layoffs or termination; with the Regulations relative to nondiscrimination in federally- rates of pay or other forms of compensation; and selection for assisted programs of the Department of Transportation, Title 49, training, including apprenticeship. The contractor agrees to post Code of Federal Regulations, Part 21, as they may be amended /^ Form PR-1273--Previous editions are obsolete. Page 1 �R•r. 4-751 �1 from time ro time, (hereinafter referred to as the Regulapons), eegregated facilities at any of his establishments, end that he ,�i11 � which are herein incorporated by reference and made a part of underehistcontrol,pwhe e segrcgated ac lides are9maint inedgUHe this contract. agrees that a breach of this ceztification ia n violation of the Equel � b. Nondiscrimination: The contractor, with regard to the work ppportunity clause in this contract. As uaed in this certi6cation, i performed by it during the contract, shall not discriminate on �e term "segregated facilities" means any waiting rooms, work the grounds of race, color, sex or national origin in the selection 8�e� restrooms and washrooms,restaurants and other eating areas, � and retention of subcontractors, including procurements of ma• timeclocka,locker rooms and other storage or dressing areas, park- . t rtainmtnt nreas. terials and leases of equipment. The contractor shall not partici• ing lots, drinking fountains, recreation or en e pate either directly or indirectly in the discrimination prohibited transportation, and housing facilities provided for employees which by section 21.5 of the Regulations,including employment practices are segregated by ezplicit directive or are in fact segregated on when the contract covers a program set forth in Appendiz B of �he basis of race,creed,color, or national origin,becaux of habit, the Regulations. local custom, or otherwise. He agrees that (ezcept where he has c. Solicitations for Subcontracts, Including Procurements of obtained identical certifications from propoxd subcontractors and Materials and Equipment: In ali solicitations either by competi• materisl suppliers for specific time perioda), he will obtain iden• tive bidding or negotiation made by the contractor for work to be tical certification irom proposed subcontractors or material wp- performed under a subcontract, including procurements of ma• pliers prior to the award of subcontracts or the consummation of terials or leases of equipment, each potentisl subcontractor or material supply agreements, exceeding f10,000 which are not supplier shall be notified by che contractor of the contractor's ezempt from the provisiona of the Equnl Opportunity claux, and obligations under this contract and the Regulations relative to that he will retain euch certifications in his filea. nondiscrimination on the grounds of race, color, sez or national ar�g;ry IV. PAYMENT OF PREDETERMINED MINIMUM WAGES d. Information and Reports: The contractor shall provide all 1. General intormation and reports required by the Regulations, or direc- tive. issued pursuant thereto, and shall permit access to its books, All mechanics end laborera employed or working upon the records, accounts, other sources of in(ormation and its fncilities site of the work will be paid unconditionally and not less often as may be determined by the State highway department or the than once a week, and without subsequent deduction or rebate on Federal Highway Administration to be pertinent to ascertain any account (ezcept such payroli deductions as are permitted 67 compliance with such Regulations or direceives. Where any infor- regulations issued by the Secretary of Labor under the Copeland mation required o[ a contractor is in the exclusive possession of Act (29 CFR, Part 3)), the fuli amounts due nt time of payment another who fails or refuses to furnish this information the con- computed at wage rates not less than those contained in the wage tractor shall so certify to the State highway department, or the determination deciaion of the Secretary of Labor which ie atuc6ed Fedcral Highway Administration as eppropriate, and ahall set hereto and made a part hereof, zegardless of any contractual re- forth what efforts it has made to obtain the information. and suoh labo ers nd emecha c s� andtthetwage determ nation e. Sanctions for Noncompliance: In the event of the contractor's decision shall be posted by the contractor at the site of the work noncompliance with the nondiscrimination provisions of this con• �n 8 prominent place where it can be easily seen by the workers tract, the State highway department shall impose such contract For the purpose of this clause, contributions made or costs reaeon• sanctions as it or the Federal Highway Administration tttay deter- 8b�y anticipated under section 1(b)(2) of the Davis-Bacon Act on mine to be appropriate, including, but not limited to: behalf of laborers or mechanics are considered wages paid to auch (1) withholding of payments to the contractor under the ]g�rors or mechanics, subject to the provisions of Section IV. '�' contract until the contractor complies, and/or paragraph 36, hereof. Also for the purpose of this clause, regular (2) canceilation, terrnination or suspension of the contract, contributions made or costs incurred for more than a weekly in whole or in part. period under plans, funds, or programs, but covering the par- {. Incorporation of Provisions: The contractor shall include the cicular weekly period, are deemed to be constructivel7 made or provision of this paragraph 3 in every subcontract, including pro- incurred during such weekly period. curements of materials and ]eases of equipment, unless ezempt by Z. Clsasifitation: the Regulations, or directives issued pursuant thereto. The con- tractor shall take such action with respect to any subcontractor or a. The State highway department contracting o�cer shall procurement as the State highway department or the Federal require that any class of laborers or mechanics, including appren• Highway Administration may direct as a means of enforcing such tices and trainees, which is not listed in the wage determinntion provisions including sanctions for noncompliance: Provided, how• and which is to be employed under the contrace,shall be clasaified ever, that, in the event a contractor becomes involved in, or is or reclassified conformably to the wage determination, and a re- threatened with, ]itigation with n subcontractor or supplier as a port of the action taken shall be sent by the State highway result of such direction, the contractor may request the State department contracting officer to tho Secretary of Labor. highway department to enter into such litigation to protect b. In the event the interested parties cannot agree on the the interests of the State, and, in addition, the contractor may proper classification or reclassification of a pnrticular class of ls- request the United States to enter into such litigation borers and mechanics, including apprentices and trainees, to be to protect the interests of the United States. used, the question accompanied by the recommendation of the State highway department contracting officer shall be referred to I11. NONSEGREGATED FACILITIES the Secretary for final determination. (Applicable to Federal•aid construction contracts and related 3, p8yment of Fringe Benefits: subcontracts exceeding $10,000 which are not ezempt from the Equai Opportunity clause.) s. The State highway department contracting officer ahall By submission of this bid, the execution of this contract or eub- require, whenever the minimum wage rate prescribed in the con- contract, or the consummation of this materia] supply agreement, tract for a class of laborers or mechanics includes a fringe benefit as appropriate, the bidder, Federal-nid construction contractor,sub• which is not expressed as an hourly wage rate and the contractor contractor, or material supplier, as approprinte, certifies that he is obligated to pay a cash equivalcnt of such a fringe bene6t, an does not maintain or provide for his employees any segregated fa• houriy cash equivalent thereof to be established. In the event the cilities at any of his establishments, and that he does not permit interested parties cannot agree upon a cash equivalent of the his emp]oyees to perform their secvices at any location, under his fringe benefit, the question, accompanied by the recommendation control, where segregated facilities are maintained. He certi6es of the contracting officer, shall be referred to the Secretary of further that he will not maintain or provide for his employees any Labor for determination. � Form PR-1273 (Rw. 9-75) Page 2 • b. If the contractor does not meke payments to a trustee or to utilize trainees at less than the applicabie predetermined rate other third person, he may consider as part of the wages of any for the work performed until an acceptable program is approved. � laborer or mechanic the amount of any costs reasonably antici• c. The utilization of apprentices, trainees and journeymen pated in providing bene6ts under a plan or program of a type �hall be in conformit with the e ual em lo ment o express]y listed in the wage determination decision of the Secre- Y 4 P Y pportunity tary of Labor which is a part of this contract: Provided, however, requirements of F,xecutive Order 11246, as amended, and 29 the Secretary of Labor has found, upon the written requesi of CFR Part 30. the contractor, that the upplicable standards of the Davis•Bacon 6. Apprentices and Trainees (Programs of Departr:;: - ` � Act have been met. The Secretary of Labor may require the of Transportation): contractor to set aside in a separate account assets for the mect- ing of obligations under the plan or program. Apprentices and trainees working under apprenticeship and ekill training programs which have been certified by the Secretary 4. Psymeht of Exceas Wages: of Transportation as promoting equal employment opportunity in While the wage rates shown are the minimum rates required connection with Federal•aid highway� construction programs are by the contract to be paid during its life, this is not a represen- not subject to the requirements of Section IV, paragraph 5 above. �:. � The straight time hourly wage rates for apprentices and trainees � tation that labor can be obtained at these rates. No incrense in under such programc will be establiehed by the particular pro- the contract price shall be allowed or suthorized on account of grams. y the payment of wage rates in excess of those listed herein. � 7. Overtime ftequirements: � 5. Apprentices and Traineea (Programe of Department of LBbor): No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of a. Apprentices will be permitted to work at less than the laborers, mechanics, H•atchmen or guards (including apprentices predetermined rate for the work they performed when they are and trainees described in paragraphs 5 and 6 above) shall require employed and individually registered in a bona fide apprentice• or permit any laborer, mechanic, watchman or guard in any work- ship program registered with the U.S. Department of Labor, week in which he is employed on such work, to work in excess of � Manpower Administration, Bureau of Apprenticeship and Train- eight hours in any calendar day or in excess of forty hours in such � ing, or with a State Apprenticeship A�ency recognized by the workweek unless such laborer, mechanic, watchman or guard re- Bureau, or if a person is employed in his first 90 days of proba• ceives compensation at a rate not less than one and one-half times �x tionary employment as sn apprentice in such nn apprenticeship his basic rate of pay for all hours worked in excess of eight hours � program, who is not individually registered in the program, but in any calendar day or in excess of forty hours in such workweek, �� who has been certified by the Bureau of Apprenticeship and as the case may be. Training or a State Apprenticeship Agency (where appropriate) � to be eligible for probationary employment as an apprentice. g• Violation: liability for unpaid wages; liquidated The allowable ratio of apprentices to journeymen in any craft damages: classification shall not be greater than the ratio permitted to the In the event of any violation of the clause set forth in para- � contracror as to his entire �vork force under the registered pro• graph 7, 'the contractor and any subcontractor responsible there- f gram. Any employee listed on a payroll at an apprentice wage fore �hall be liable to any affected employee for his unpaid wages. rate, who is not a trainee as defined in 29 CFR 5.2(c)(2) or is In addition, such contractor and subcontractor shall be liable to not registered or otherwise employed as stated above, shall be the United States (in the case of work done under contract for paid the wage rate determined by the Secretary of Labor for the the District of Columbia or a territory, to such Di�trict or to such classification of k�ork he actually performed. The contrnctor ot territory), for liquidated damages. Such liquidated damages shall subcontractor will be required to furnish to the State highway be computed with respect to each individua] laborer, mechanic, ,� agency or to a reprecentative of the Wage•Hour Division of the watchman or guard employed in violation of the clause set forth U.S. Depnrtment of Labor written evidence of the registration in paragraph 7, in the sum of $10 for each calendar day on which of his program and apprentices as well as the appropriate ratios such employee was required or permitted to work in excess of and wage rates (expre�sed in percentages of the journeyman eight hours or in excess of the standard workweek of forty hours � hourly rates), for the area of construction prior to using any without payment of the overtime wages required by the clause set � apprentices on the contract work. The wage rate paid ap• forth in paragraph 7. prentices shull be not le�s than the nppropriate percentage of the journeyman's rate contained in the applicable wage determination. 9. Withholding for unpsid wages: b• Trainees, except as provided in 29 CFR 5.15, wili not be The State highway department contracting o9icer may with- permitted to �vork at less than the predetermined rate for the hold or cause to be withheld from the contractor so much of the + work performed unless they are employed pur�uant to and indi• accrued payments or advances as may be considered necessary to vidually re�istered in a program which has received prior ap- pay laborers, mechanic5 (including apprentices and trainees) proval, evidenced by formal certification, by the U.S. Department watclimen, or guards emp]oyed by the contractor or any subcon- ; of Labor, Manpower Administration, Bureau of Apprenticeship tractor on the work the full amount of wages required by the and Training. The ratio of trainees to journeymen shall not be contract. In the event of failure to.pay any laborer, mechanic, greater thnn permitted under the plan approved by the Bureau (including apprentices and trainees) watchman or guard employed of Apprentice�hip and Training. F.very trainee must he paid at or N•orking on the site of the H�ork, all or part of the wages not lesc than the rate specified in the approved program for his required by the contract, the State highway department contract- level of progre�s. Any employee listed on the payroll at a trainee �ng officer may, after w�ritten notice to the contractor, take such rate who is not regi�tered and participating in a training plan action as may be necessary to cause the �uspen�ion of any further approved h}' tl�e Burenu of A�prenticeship and Training �hall be payment, advance, or guarantee of funds until such violations paid not less than the wage rate determined by the Secretary of have ceased. Labor for the clussification of work he actually performed. The contractor or subcontructor will be required to furni�h the State 1Q. Withholding for liquidated damages: highway agency or a representative of the �Vage-Hour Division The State highway department contracting officer may with- of the U.S. Department of Labor written evidence of the certifi• hold or cause to be withheld, from any mone}�s payable on account cation of his program, the registrution of the trainees, and the of work performed by the contractor or sulicontractor, such sums ratios and wuge rntes pre.scribed in that program. In the event as may administratively be determined to be neces�ary to satisfy the Bureau of Apprenticeship and 7'ruining withdraws npproval any liabilities of �uch contractor or �ubcontractor for liquidated � of a training program, the contractor will no longer be permitted dama�es as provided in the clause set forth in paragraph 8. Form PR-1273 (Rev. 9-75) Page 3 �. ����,��.�. . Y`�E '��-.- ��kJ`•,. � � "f:�IX.'���. the contractor shall maintain records which ehow that the com- ' ,�� , V. STATEMENTS AND PAYROLLS . mitment to provide such benefits is enforceable, that tbe plan or r •'��.;'`',� 1. Compliance with Copeland Regulation (29 CFR, Part program is financiaily responsible, and that the plan or program � . ��� ` 3�: has been communi�ated in writing to the laborors or mechanica , �,r :. The contractor shall comply with the Copeland Regulations g({�cted, and records which show the cosu anticipated or the t ..N;�;. : ,,� ,, , (29 CFR, Part 3) oI the Secretary of Labor which are herein actual costs incurred in providing such benefits. ^' �, incorporated by reference. c. The payrolls shall contain the following information: R j,, 2. Weekly atatement: (1) The employee's full name, address and social security ( �1 1 ' Each contractor or subcontractor shall furnish each week a number. (Thear on the'firstlpayr 11 on whichahis name ppe�r ' .j ,,' statement to the State highway department resident engineer need only app � _;;..'t- .z q,�,.,. with respect to the wages paid each of its employees, (including T8 eroll on ywhich�the employee'sl name appea�s, unlesa a chan 1e of :- X:,�.,:, 8 �. apprentices and trainees described in Section IV, paragraphs S p y �. "�;,.:� and 6, and watchmen and guards) engaged on work covered by address necessitates a submittal to reflect the new addresa) ,, r' the Copeland Regulations during the preceding weekly payroll (2) The employee's classification � �• i „-�;:_. period. The statement shall be executed hy the contractor or (3) Entries indicating the employee's basic hourly waB� ; ��.?,,�'. subcontractor or by an authorized oElicer or employee of the con• rate and, where applicable, the overtime hourly wage rate. The ,r ;` tractor or subcontractor who supervises the payment of wages• payroll should indicate separately the amounts oi employee and ; �, ., Contractors and subcontractors must use the certification set forth �mployer contributions to fringe bene6t funds and/or programs. � ��4�N,- on U.S. Department of Labor Form WH-398, or the same certifi• Any fringe benefits paid to the employee in cash must be indi• +;.ycw.,� cation appearing on the reverse oE Optional U.S. Department of cated. There is no prescribed or mandatory form for showing �� .:y,�;�: Labor Form WH-347, or on any form with idontical wording. the above information on payrolls. ''���' l; ��: 3. Final labor aummary: (4) The employee's daily and weekly hours workod in each `• �, �. The contractor and each subcontractor shall furnish, upon the classification, including actual overtime hours worked (not �>. adjusted). '�''� ', completion of the contract, a summary of all employment, indicat• �E.' (5) The itemized deductions made and 3 ing, for the completed project, the total hours worked and the n,,' ;' '�r '�` total amount earned. This data shall be submitted to the State (6) The net wages paid. � . highway department resident engineer on Form PR-47 together d, The contractor will submit weekly a copy of all payrolls to , with the data required in Section VI, hereof, relative to materials the State highway department resident engineer. The copy sha11 }�N,�,l;t' and supplies. The provisions of this paragraph are not applicable be nccompanied by a statement signed by the employer or his . �y�. to contracts for secondary highways or contracts financed solely agent indicating that the payrolls are correct and complete, that 't.�= �., with funds provided by the Highway Beautification Act of 1965, the wage rates contained therein are not less than those deter-• �; as amended. mined by the Secretary of Labor and that the claasifications set ,"'�f;,; 4. Final certificate: forth for each laborer or mechanic coniorm with the wor{c he ;,' y�r;< performed. Submission of a weekly statement which is required ,�,`w;: Upon completion of the convact, the contractor shall submit under this contract by Section V, paragraph 2, and the Copeland . :,;.;- to the State highway depnrtment contracting officer, for transmis- Regulations of the Secretary of Labor (29 CFR, Part 3) and the �;.;�j=.•, .�r;,� sion to the Federal Highway Administration with the vouchet for filing with the initial payroll or any subsequent payroll of a copy ,.t,`` finAl payment for any work performed under the contract, A of any findings by the Secretary of Labor pursuant to Section IV, `'•�r. certificate concerning wages and classifications for laborers, me- Paragraph 36, shall satisfy this requiroment. The prime con• .,��e `�:c chanics, watchmen and gunrds employed on the projoct, in the tractor shall be responsible for the submission of copies of payrolls ��a�f foilowing form: of all subcontractors. The contractor will make the record� ro- • • � • quired under the labor standards clauses of the contract evailable + r*'.i The undersigned, contractor on for inspection by authorized representatives of the State highway .h; department, the Federal Highway Administration and the Depart• 'y� (Project No.) ment of Labor, and will permit such representatires to interview � .�� employees during wocking hours on the job. t. hereby certifies that all laborers, mechanics, apprentices, trainees, +� watchmen and guards employed by him or by any subcontractor e. The wa es of labor shall be paid in legal tender of the performing work under the contract on the project have been paid United States, except that this condition will be considered satis• ��� wages at rates not less than those required by the contract pro• fied if payment is made by negotiable check, on a solvent bank, A ,�, visions, and that the work performed by each such ]eboreq which may be cashed readily by the employee in the local com• �`�ai mechanic, apprentice or trainee conformed ro the classifications set munity for the full amount, without discount or collection charges `.,��; forth in the contract or training program provisions applicable to of any kind. Where checks are used for payment;the contractor " � the wage rate paid. shall make all necessary arrangements for them to be cashed and ° "� r Signature and title shall give in[ormation regarding such arrangements. -.�: ' f. No fee of any kind shall be asked or accepted by the con• ?;;;a '"�� . • � � '_ ''� tractor or any of his agents from any person as a condiuon of ' , ;�, 5. Payrolls and payroll recorda: employment on the project. �•� a. Payrolls and basic records relating thereto will be maim g, No laborers shall be charged for any tools used in periorm• �`t.;s� tained during the course of the work and preserved for a period of �ng theic respective duties except for reasonably avoidable lou or �'�, � three years thereafcer for all laborers, mechanics, apprentices, damage thereto. trainees, watchmen and gunrds working at the site of the work. h, Every employee on the work covered by this contract shnll � x- b. The payroll records shall contain the name, social security • '�; number and addre�s oE ench such employce, his correct classifica• be permitted to lodge, board and trade where and with whom he ; ., tion, retes of pay (including rates o( contributions or costs antici- electe and ncither the contractor nor his egents, nor his employees .;,i pated of the types described in section 1(b)(2) oE the Davis• shall, directly or indirectly, requirc as n conditio� of employment ,�I! IIacon Act),dnily and weekly number of hours worked,deductions that an employee shnll lodge, board or trade at a particular place made end actual wages paid. Nhenever the Secretnry of Labor, or with a particular person. �,�� pursuant to Section IV, paregraph 36, has found that the wages �, No charge shall Ue mude for any tran�portation furnished ;}:� of any ]aborer or mechanic include the amount of any costs b the contractor, or his agents, to any p�rson employed on the � reasonably anticipated in providing benefits under a plan or pro• Y �. gram described in section 1(b)(2)(B) of the Davis-Bacon Act, work. �,; Page 4 Form PR-1273, (Rw. 9-75� 'K � � _ , i • <;' i � � � � � `:� � � � � � s�t� . . . � �'r.�' _,�. � j. No individual shall be employed as a laborer or mechanic way department contracting officer, or his authoriud representa- on this contract except on a wage basis, but this shall not be tive, and such consent when given shall not be construed to consttued to prohibit the rental of teams, trucks, or other equip- relieve the contractor of any responsibility for the fulfillment of ment from individuala the contract. Request for permission to sublet, assign, or other- wise dispose of any portion of the contract shall be in writing VI, RECORD OF MATERIALS, SUPPLIES AND LABOR and accompanied by (a) a showing that the organization which will perform the work is particularly experienced and equipped 1. The provisions in this section are applicable to all contracts for such work, and (b) an assurance by the contractor that the ezcept contracts for secondary highways and contracts financed labor standards provisions set forth in this contract shall apply solely with funds provided by the Highway Beautification Act of to labor performed on all work encompassed by the request. 1965, as amended. 2. The contractor shali maintain a record of the total cost of all Vlli. SAFETY; ACCIDENT PREVENTION materials and supplies purchased for and incorporated in the work, In the performance of this contract, the contractor shall comply and also of the quantities of those specific materials and supplies W�th all applicable Federal, State and local laws governing safety, listed on Form PR-47 and in the units shown. Upon completion health and sanitation. The contractor shall provide all safeguards, of the contract, this record, together with the final labor summary SBfety devices and protective equipment and take any other needed required in Section V, paragraph 3, hereof,shall be transmitted to actions, on his own responsibility, or as the State highway depart- the State highway department resident engineer for the project on ment contracting officer may determine, reasonably necessary to Form PR-47 in accordance with instructions attached thereto, protect the life and health of employees on the job and the safety which wili be furnished for this purpose upon request. The quan- of the public and to protect property in connection with the per- tities for the listed items shall be reported separately for roadway formance of the work covered by the contract. and for structures over 20 feet long as measured along the center- line of the roadway. It is a condition of this contract, and shall be made a condition of each subcontract entered into pursuant to this contract, 3. The contractor shall become familiar with the list of specific chat the contractor and any subcontractor shall not require any materials and supplies contained in Form PR-47 prior to the com• lalwrer or mechanic employed in performance of the contract to mencement of work under this contract. Any additional materials work in surroundings or under working conditions which are un- information required will be solicited through revisions of Form sanitary, hazardous, or dangerous to his health or safety, as deter• PR-47 with attendant explanations. mined under construction safety and health standards (Title 29, 4. Where subcontractors are involved the contractor shall submit Code of Federal Regulations, Part 1926, formerly Part 1518, as either a single report covering work both by himsel{ and all his revised from time to time), promulgated by the United States eubcontractora, or he may submit separate reports for himself and Secretary of Labor, in accordance with Section 107 of the Con- for each of his subcontractors. tract Work Hours and Safety Standards Act (83 Stat. 96). VII. SUBLETTING OR ASSIGNING THE CONTRACT �X. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS � 1. The contractor shall perform with his own organization con• In order to assure high quality and durable construction in con• tract work amounting to not less than 50 percent of the original formity with approved plans and specifications and a high degree total contract price, except that uny items designated by the State as "Specialty Items" may be performed by subcontract and of reliability on statements and representations made by engineers, �" the amount of any such "Specialty Items" so performed may be contractors,supplies, and workers on Federal•aid highway projects, deducted from the original total contract price before cotnputing �� �s �ential that all persons concerned with the project perform the amount of work required to be performed by the contractor their functions as carefully, thoroughly, and honestly as possible. with his own organization. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federai law. a. "His own organization" shall be construed to include only To prevent any misunderstanding regarding the seriousness of workmen empioyed and paid directly by the prime contractor and these and similar acts, the following notice shall be posted on equipment owner or rented by him, with or without operators. each Federal-aid highway project in one or more places where it b. "Specialty Items" shall be construed to be limited to work �s readily available to ail personnel concerned with the project: that requires highly specialized knowledge, craftsmanship or " * ' � equipment not ordinarily available in contracting organizations qualified to bid on the contract as a whole and in general are to NOTICE TO ALL PERSONNEL ENGAGED ON be limited to minor components of the overall contract. FEDERAL-AID HIGHWAY PROJECTS 2. In addition to the 50 percent requirement �et forth in para- Title 18, United States Code, Section 1020, reads as follows: ` graph 1 above,the contractor shall furnish (a) a competent super- intendent or foreman who is employed by him, who has full au• "Whoever, being an officer, agent, or employee of the United thority to direct performance of the work in accordance with the States, or of any State or Territory,or whoever,whether a person, contract requirements, and who is in charge of all construction association, firm, or corporation, knowingly makes any false state- operations (regardless of who performs the work), and (b) such ment, false representation, or false report as to the character, other of his own organizational capability and responsibility (su• quality, quantity, or cost of the material used or to be used,or the '` � pervision, management, and engineering services) as the State quantity or quality of the work performed or to be performed, or � highway department contracting officer determines is necessary to the costs thereof in connection with the submission of plans, maps, assure the performance of the contract. specifications, contracts, or costs of construction on any highway 3. The contract amount upon which the 50 percent requirement or related project submitted for approval to the Secretary of r' set forth in paragraph 1 is computed includes the cost of materials Transportation; or and manufactured products which are to be purchased or produced "Whoever knowingly makes any false statement, false represen- ,''� by the contracter under the contract provisiona tation, false report, or false claim with respect to the character, ;� quality, quantity, or cost of any work performed or to be per ;; 4. Any Iteme that have been selected as "Speciaity Items" for formed, or materials furnished or to be furnished, in connection the contract are listed as such in the Special Provisions, bid Wiih the construction of any highway or related project approved achedule, or elsewhere in the contract documents. by the Secretary of Transportation; or 5. No portion of the contract shall be sublet, assigned or other• "Whoever knowingly makes any false statement or false repre- wise disposed of except with the written consent of the State high• sentation as to a material fact in any statement, certificate, or �� Form PR-1273 �Rev. 9-75► Page 5 ��:<:� ">: �. � ,, �:; . • 4op„ report submitted pu:suant to provisions of the Federal•Aid Road listed, on the date of contract award, on the U.S. Environmental �� Act approvod July 1, 1916 (39 Stat. 355), as amended and Protection Agency, (EPA) List of Violadng Facilities Pursuant '� aupplemented; to 40 C.F.R. 15.20. "Shall be fined not more than E10,000 or imprisoned not more 2. The contractor agrees to comply with all the requitements ,£� than five years,or both:' of section 114 of the Clean Air Act and section 308 of the � Federal Water Pollution Control Act and nll regulations and X. IMPLEMENTATION OF CLEAN AIR ACT AND Suidelines listed thereunder. a'' FEDERAL WATER POLLUTION CONTROL ACT 3. The contractor shall promptly notify the State highway ; �� IAPPLICABLE TO CONTRACTS AND SUBCONTRACTS department of the receipt o! any communication irom tbe WHICH EXCEED �100,0001 Director, Office of Federal Activities, EPA, indicating that a l ?` 1. The contractor stipulates ihat any facility to be utilized in f8cility to be utilized for the contract is under consideradon to ;�, � the performance of this contract, unless such contract is exempt be listed on the EPA List of Violating Faciliues. '.' � under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as 4. The contractor agrees to include or cause to be included �: ; amended by Pub. L. 91-604), and under the Federal Water the roquirements of subparagraphs 1 through 4 of this paragraph " r� Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as X in overy nonexempt subcontract, and further agreea to take ' q� amended by Pub. L. 92�00), Executive Order 11738, and regula- such action as the Gavernment may direct as a means of enfore• tions in implementation thereof (40 C.F.R, Pan 15), is not ing such requirements. �U.S.GOVERNMENT PRINTINC OFFICE 198�4 21-018/1 6 5 5 2 '�r � � � . . � ' � . � `.�i5�', � ,Y - 4 , . � � . . . , .. � � � . 4 . �. . . . , ,.. - . .. .. � v •i ' � 1 l , ti' � '��s . . ' . ... . � . . � '�.r . � . � � . .. ,. . �� . � . . ,�i ay . ' . � � �. r�:�� � �. . ' , . './,`�.2',�. - � u'. � ' ' � . .f �;,f�'.'...Ty " ...... � - . '�i , . . . . . ' ,. '� L.,.,AK.: `5:.' .. . . :'�e � _ . . , � . . . . , .. . ,�,,.� „ � . ' • . . .. . .;. .. . ... . . .� -� . i' . ,� . , ; . , , . _M., � `+I "i , �; , ;�, •� , 4 u'� . . . . . , .f r� � � .� � . :. � � ,�. , �. ..: ..�_ .� + .. , . , . . . . , � ,� . . , ... , '� ... b l . . . � . . ��:}r. . .. . � .. ._., � . ,. � . 1'4.� . .�� . � , � � .. . � � . �. � . . � - :-� � . . � . , � " . . . .. . , � � • � .�� y • . t l , j,; ;"t I � � \A � � '�k . i .` � :. �: Page 6 Form PR-1273 (Rw. 9-75) . ;: ..k .�� f,