DIVISION 4
0779-021022
2022 SEWER REPLACEMENT PROJECT
> GENERAL CONDITIONS
05/01/17 SA
SSD: 07/02/13, 01/05/15, 01/14/15
ALL FHWA & FA PROJECTS
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SPECIAL ATTENTION
SUMMARY OF REQUIREMENTS FOR FEDERAL-AID PROJECTS
1. Subletting on Federal-aid Contracts:
a. On Federal-Aid projects, the following documents are required to be incorporated in,
and made a part of, every subcontract agreement; including lower-tier subcontract
agreements:
e NHDOT Subcontracting Procedures
e Required Contract Provisions (FHWA-1273)
e Disadvantaged Business Enterprise (DBE) Program Requirements (Standard
Specification 103.06)
Prompt Payment to Subcontractors (Standard Specification 109.09)
41 CFR 60-4 Affirmative Action Requirements
o Applicable only to contracts or subcontracts in excess of $10,000
e U.S. Department of Labor (USDOL) wage rates entitled “GENERAL WAGE
DECISION” (as contained in the contract)
© Does not apply to companies performing Davis-Bacon exempt
work (such as testing, monitoring, and inspection services).
b, Subcontractor Approvals for Companies Who Perform Testing, Monitoring,
Inspection Services:
1) Companies and/or independent contractors performing testing, monitoring, or
inspection, such as ground penetrating radar, erosion control monitoring,
video inspection, SWPPP, environmental testing/monitoring or vibration
monitoring, require subcontractor approval.
2) The following subcontractor approval documentation is required:
e OFC Form 15 - Transmittal Request
15a for State managed projects, or
15b for Local Public Agency (LPA) municipal projects
e OFC Form 14 - Contractor Acknowledgment Certification
OFC Form 26 - Work Certificate
¢ Certificate of Insurance showing Workers’ Compensation coverage
Office of Federal Compliance (OFC) staff will verify coverage with the
NH Department of Labor (NHDOL).
ce. Contractors will not be approved or authorized to work until all OFC’s Annual
Assurance requirements have been fulfilled.
d. Per NH RSA 228:4-b, Workers’ Compensation Insurance must cover all individuals
performing work on site and shall remain in effect for the duration of the contractor’s
work on the project. No excluded individual, owner, or officer may perform work on
site without exception. All persons working on site must have Workers’
Compensation coverage on file with the NHDOL.
S:\Federal-Compliance\Contract Compliance Program (CCP)\Special Attention-Provisions\OFC\OFC Special
Attention 5-1-17.docx
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e. Prime Contractors shall submit consent to sublet packages to the NHDOT at least 5
working days prior to said subcontractor (or lower-tier subcontractor) performing
work on site, On LPA projects, the Prime Contractor shall also provide a courtesy
copy to the town or the town’s consultant, if applicable.
f. LPA Projects Only: OFC is the sole approval authority for all LPA construction
projects. Consents to sublet shall be submitted directly to the OFC.
2. FHWA Form 1273, Required Contract Provisions:
a. The Prime Contractor shall insert in each subcontract all the stipulations contained in
the Required Contract Provisions. Primes shall further require their inclusion in any
lower-tier subcontract or purchase order that may in-turn be made. The Required
Contract Provisions shall not be incorporated by reference in any case.
b. In accordance with Section I, Paragraph 1, the Prime Contractor shall be responsible
for compliance by any subcontractor, lower-tier subcontractor or service provider.
This shall include any unpaid wages found to be owed that is not paid by a
subcontractor or lower-tier subcontractor.
ce. In accordance with Section I, Paragraph 3, “A breach of any of the stipulations
contained in these Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final payment, termination of the
contact, suspension/debarment or any other action determined to be appropriate by
the contracting agency and FHWA.”
3. Certified Payrolls and Time Sheets:
a. Submission Format: Payrolls, as required by FHWA Form 1273, shall be submitted
electronically (email) as a pdf document to the NHDOT Contract Administrator,
consistently named in the following format: Contractor’s name (abbreviated is
acceptable) followed by the “week ending” date (yyyy/mm/dd). The Contractor’s and
each Subcontractor’s payroll shall be submitted as separate, individual files.
Example: Plow Brothers Inc 2017-12-09
b. Multiple Counties/States or Categories (Highway/Building/Heavy): Whenever
contracts have multiple wage determinations, contractors shall indicate, on each
payroll submission, which wage determination is applicable to the work.
c. Project Specific: Except for weekly gross pay, deductions, and weekly net pay, all
information shown on certified payrolls shall be project specific. Please reference
FHWA Form 1273 for additional payroll requirements and limitations.
d. Time Sheets: Every contractor shall create and maintain time sheets for every worker
performing work on the project. This includes salaried employees who perform work
in a classification, either intermittently or full time. Time sheets shall record all work
performed during the work week, both Federal and non-Federal, shop time, travel
time considered work time, including any time considered “hours worked” as
described under the Fair Labor Standards Act, Part 785. When requested, Contractors
shall provide copies of time sheets to the OFC in support of certified payroll report
information being provided. Time sheets, payroll records, and other basic records
relating thereto shall be maintained by the Contractor during the course of the work
and preserved for a period of three years from final invoice for all laborers and
mechanics working at the site of work.
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4. Sign-In Sheets:
a.
State Managed Projects: The use of daily sign-in sheets is required for subcontractors
performing asbestos abatement. The OFC may also direct the use of daily sign-in
sheets on other State managed projects for any contractor who does not accurately
report all workers performing work on site on their payrolls. The sign-in sheets shall
be administered as described below.
LPA Projects: The use of daily sign-in sheets is mandatory on all LPA projects.
Every worker must sign in, on a daily basis, prior to performing work on site. The
OFC Form 20- Daily Sign-In Record shall be used for this purpose. The Prime
Contractor is responsible to ensure all sign-in sheet requirements are met and that
sign-in sheets are turned in to the Contract Administrator on a daily basis. Contract
Administrators shall review and initial sign-in sheets daily; cross matching what
employees have indicated for their work classification and what employers are
indicating on certified payroll reports, and also verifying employers of workers
signing in have been approved to work by the NHDOT. Sign-in sheets shall be co-
located with certified payrolls and filed in a 3-ring binder; newest sign-in sheets on
top. Sign-in sheets are an inspection item.
5. Requesting Work Classifications, Classifying Workers, and/or Payment of Wages.
a.
The Prime Contractor is required to submit an additional request to the NHDOT for
any classification of labor/equipment that they or their subcontractors shall be
utilizing under the contract that is not contained in the Proposal’s Federal General
Decision.
Conformance submissions shall be in accordance with U.S. Department of Labor
Memorandum No. 213, dated March 22, 2013. A copy of the Memorandum can be
found at http://www.wdol.gov/aam/aam2 13. pdf.
c. Unless otherwise instructed by the OFC, a SF 1444 shall be used for this purpose.
Requests must be submitted to the NHDOT prior to any work being performed in the
classification(s).
Contractors who do not receive a USDOL conformance decision from the OFC
within 45 days of submission should follow-up with the OFC.
Once a decision is received from the USDOL, the OFC will notify the Prime
Contractor. In cases when the USDOL stipulates a higher rate of pay than the one
proposed by the Contractor, and the Contractor elects not to submit an appeal,
restitution, if due, shall be paid to employees within 10 calendar days of being
notified by the OFC. Restitution requirements of the NHDOT shall apply.
Appeals shall be filed with the USDOL within 30 calendar days and a courtesy copy
forwarded to the OFC at the same time. Restitution, if applicable, does not need to be
paid during the time the appeal is under review by the USDOL.
Contractors shall immediately inform the OFC whenever appeal decisions (including
reconsideration requests) are received from the USDOL.
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In cases when a contractor indicates to the OFC he/she plans to appeal the USDOL
decision but fails to provide the OFC proof of submission within 30 calendar days,
the contractor shall comply with the original USDOL decision. The OFC will
subsequently notify the Contractor that proof of an appeal was not received within 30
days and restitution, if applicable, must be paid to workers within 10 calendar days.
Contractors who fail to provide restitution will be deemed “in non-compliance.”
OFC payment release authorization letters (Okay to Pay letters) cannot be
accomplished until all wage conformances have been deemed closed (USDOL
responses have been received), any pending contractor wage appeals have been
finalized, with restitution paid if applicable, and all Prompt Pay requirements have
been met.
. Job Classifications Descriptions (Laboring Category): While most of skilled and
unskilled crafts appearing in Wage Determinations are self-explanatory, the below
classifications (not all inclusive) have been described by the NHDOT and are
consistent with USDOL requirements. Questions involving correct classification of
workers should be addressed prior to performing work on the project. Workers
performing in these classifications, according to the description, will be classified by
contractors accordingly:
1) Asbestos Abatement: All work associated with asbestos abatement shall be
classified as “Laborer,” unless said work involves piping that will be
reinsulated. In these cases, “Asbestos Abatement Worker” shall be used.
2) Blaster: Supervises and assists in locating, loading, and firing blast holes with
explosives to break up hard materials. This work includes any of the
following duties on-site: determining the spacing and depth of drilled holes;
determining the amount of explosives, timing and placement of detonators;
handling blasting materials in the work area; loading holes with detonators,
primers and explosives; tamping and stemming holes; directing the placement
of blasting mats or other flyrock controls; and detonating the charges.
3) Brick Mason (also called Brick Layers): Builds and repairs walls, floors,
paths/sidewalks, partitions, fireplaces, chimneys, and other structures with
brick, pavers, precast masonry panels, concrete block, and other masonry
materials, with or without mortar.
4) Carpenter: NH currently has two carpenter classes in the Highway category,
Carpenter (Excluding Form Work) and Carpenter (Form Work Only). Rates
vary depending on what county work is performed in. Whenever the highest
rate is paid for the work, contractors can use “Carpenter” only on payrolls (the
full classification title is not required). Whenever the highest rate is not paid,
contractors shall use the full classification title on payrolls. Contractors will
be provided additional information at pre-construction meetings.
5) Drill Operator: Unless a hand-held tool, which can then be classified and
performed as a Common/General Laborer, all drill work shall be performed in
the “Drill Operator” classification. Conformances, if needed, shall be
consistent with this requirement.
6) Guardrail Installer: Except for the “pounder,” each person performing
guardrail installation work shall be classified as “Guardrail Installer.”
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7) Ironworker (Reinforcing): Positions and secures steel bars to placement of
reinforced concrete; determines number, size, shape, and location of
reinforcing rods from plans, specifications, sketches and/or oral instructions;
places and ties reinforcing steel using wire and pliers, sets rods in place,
spaces and secures reinforcing rods. May bend steel rods with hand tools or
operate a rod-bending machine; may reinforce concrete with wire mesh; may
perform other related duties.
8) Ironworker (Structural): Performs any combination of the following duties to
set beams, hang diaphragms, install bolts, torque bolts, test bolts, raise, place
and unite girders, columns and other structural steel members to form
completed structures or structure frameworks, working as a member of a
crew; sets up hoisting equipment for raising and placing structural steel
members; fastens steel members to cable of hoist using chain, cable or rope;
signals worker operating hoisting equipment to lift and place steel members.
Guides member using guy line (rope) or rides on member to guide it into
position. Reads plans; rigs, assembles and erects structural members requiring
riveting or welding. May perform other related duties.
9) Lead Abatement Worker: All work associated with lead abatement shall be
classified as “Lead Abatement Worker”.
10) Stone Mason: Builds stone walls, as well as set stone exteriors and floors,
lays/sets all cut stone, marble, slate, or stone, with or without mortar. They
work with natural cut stone, such as marble, granite, limestone and artificial
stone made of concrete, marble chips, or other masonry materials.
11) Sweeper/Broom Operators: Whenever Sweeper or Broom does not appear in
the Wage Determination, contractors may use the Truck Driver classification
for this service if the equipment used is of the over the road type (only).
However, anytime the contract has an established classification/rate for
“Sweeper or “Broom,” this classification must be used and the minimum rate,
as it appears in the contract, shall apply.
12) Traffic Coordinator: Performs sign placement and maintenance, including
proper set up and relocation of construction sign packages and message
boards; designs lane closures in accordance with local, state, and Federal
requirements. Please do not confuse this classification with Flagger.
6. Prompt Pay: Prompt pay requirements are outlined in the NHDOT Standard Specifications
Section 109.09. Submissions are due no later than the 10th calendar day of each month.
a. State managed projects: Contractors may use the OFC Form 18 or utilize their own
document that contains the same required information unless otherwise instructed by
the OFC.
* Ifno payments were made during the reporting period, contractors shall
submit a certification indicating “no payments made to subcontractors.”
b. LPA projects: Contractors shall use the OFC Form 12.
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7. Mandatory Training: Prime Contractors who fail to obtain an annual average (based on the
calendar year) of at least 60% “Satisfactory” ratings on all OFC Compliance Field Audit
Reports may be required to attend a mandatory 4-hour Contractor Compliance Training Class
each spring (as scheduled by the OFC). A principal owner or executive officer of the
company, and his/her payroll accountant shall attend.
a. Compliance ratings will be averaged over all projects if a Prime Contractor has
multiple projects.
b. The OFC has at least two Contractor Compliance Training Seminars each year.
Every contractor participating on Federal-aid construction projects is encouraged to
attend.
8. Restitution: If required, restitution shall be performed in accordance with the OFC
guidelines. The OFC Form 8 - Restitution Worksheet and Affidavit shall be used.
9. Temporary Suspensions:
a. Any Contractor, Subcontractor, or Lower-tier Subcontractor found to be in violation
of FHWA Form 1273, Required Contract Provisions, made part of its contract, or has
failed to comply with OFC Field Audit requirements, will be required to take
corrective action before participating in future projects funded by the Department.
Corrective action will include, but not limited to, the submission of certified payrolls
or other records and reports necessary to verify compliance with the Provisions.
b. Any Contractor, Subcontractor or Lower-tier Subcontractor found to have repeatedly
violated the FHWA Form 1273, Required Contract Provisions, may be required to
complete 4-hours of Federal Contract Compliance Training conducted by the OFC.
When mandated, a principal owner and/or company executive and his/her payroll
accountant shall attend. Federal Contract Compliance Training must be completed
before participation on future projects is authorized. This requirement does not
relieve the Contractor of its obligations under the prime contract, nor does it prevent
the Department from seeking other remedies or enforcement action, as provided by
the governing Rules, Laws, and Federal Regulations.
c. Companies will be notified of suspensions in writing. Actions the company must take
to have participation privileges restored will be clearly indicated. Companies will
also be advised that if a satisfactory response is not received within 30 days of receipt
of the suspension notice, the company will be considered “non-responsive.” In cases
where companies are non-responsive, and unpaid wages on the part of the
subcontractor or lower-tier subcontractor are involved, the matter will then be
deferred to the Prime Contractor for payment of wages as provided in Form FHWA
1273, Required Contract Provisions, Section I, Paragraph 3.
10. Right to Withhold Payment: The Department may withhold payments claimed by the
Contractor on account of:
a. Failure of the Contractor to make payments to Subcontractors for materials or labor.
b. Regulatory non-compliance or enforcement.
c. Failure to comply with OFC Field Audit Report requirements.
11.
12.
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d. Failure to comply with monthly reporting requirements, as applicable.
e. For projects with an On-The-Job Training (OJT) requirement, failure to submit OJT
Form 1 - On-The-Job Training Acknowledgement and Statement of Intent within 30
days of the project start date.
f. Failure to submit closeout documentation.
g. Ail other causes that the Department reasonabiy determines negatively affect the
State’s interest.
Final Payment Release: Once final project records are transferred to the OFC, a final
review shall be performed to determine compliance with the Federal provisions. Release of
any final payment shall not be made to the Contractor until the OFC issues a payment release
letter (Okay to Pay) certifying:
a. All required payrolls, labor, and Equal Employment Opportunity (EEO)
documentation have been received and deemed complete and correct.
b. DBE requirements stipulated in the Contract and/or the Required Contract Provisions
have been fulfilled.
Deposits in Escrow: Every attempt is made to complete compliance actions and resolve any
disputes before the project is completed and final payments are made. Sometimes, however,
corrective actions or disputes continue after completion and provisions must be made to
ensure that funds are available to pay any wage restitution that is ultimately found due. In
these cases, the project can proceed to final closing provided the Prime Contractor, from
payments already provided him/her, provides written evidence a deposit of an amount equal
to the potential liability for wage restitution and liquidated damages, if applicable, has been
deposited in an escrow account. When a final decision is rendered, the Prime Contractor
makes disbursements from the account in accordance with the decision. Deposit/escrow
accounts are established for one or more of the following reasons:
a. Where the parties have agreed to amounts of wage restitution that are due but the
employer has not yet furnished evidence that all the underpaid workers have received
their back wages. The deposit is equal to the amount of restitution due to workers
lacking payment evidence. As proper documentation is received, an amount
corresponding to the documentation is returned to the depositor. Amounts for any
workers who cannot be located are held in the escrow account for three (3) years.
Amounts remaining in the account not disbursed by the end of this three-year period
shall be returned to the Prime Contractor.
b. Where underpayments are suspected or alleged and an investigation has not yet been
completed. The deposit is equal to the amount of wage restitution and liquidated
damages, if applicable, that is estimated to be due. If the final determination of wages
due is less than the amount estimated and placed in the escrow account, the escrow
will be reduced to the final amount and the difference will be returned to the
depositor. If the parties agree to the investigative findings, the amounts due to
workers will be disbursed from the escrow account in accordance with the schedule
of wages due. Amounts for unfound workers will be retained for a period of three (3)
years and subsequently disbursed to the depositor as described above in Paragraph
12a.
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c. Where the parties are waiting for the outcome of an administrative hearing that has
been or will be filed contesting a final determination of wages due. The deposit shall
be equal to the amount of wage restitution and liquidated dates, if applicable, that
have been determined to be due. Once the final decision is rendered, disbursements
from the escrow account are made in accordance with the decision.
Please direct questions relating to any information in this document to the OFC. See the OFC
website for forms, documents, training schedules, contact information, and other helpful material:
www.nh.gov/dot/org/administration/ofc/index.htm.
107
03/01/16
SPECIAL PROVISION
SECTION 107 -- LEGAL RELATIONS AND RESPONSIBILITIES TO PUBLIC
SUBSECTION 107.01 - LAWS TO BE OBSERVED
The intent of this Special Provision is to clarify Bulletin Board requirements.
Add to 107.01’s third paragraph titled Bulletin Board Requirements the following:
New Hampshire Department of Transportation Bulletin Board Diagram
(Revision 1-15.16}
NHDOT PROJECT: (NAME) (NUMBER)
Federal Posters State Posters
1 2 3 4 g 40 uM 2
Equrat “EEG Is the Law” UOTICE Enptoyee Righis Piolective The The Workers’ Unemployment
Employment Postel FederabaAid Under the Legisiation Law Whistleblowers’ Right lo Know Hotice
Opportunity Supplement Project Davis Bacen Act (Pay Day Notice} Proteciion Act iToxle (NH Empioyment
{EEQ) [WHA324) IRSA 275-E Substances} Secunty Office]
Is The Law (FHWA 4922) jaubstliute for Requirement}
FHWA. 1495}
(OFC P4420)
Rev, 14/09 gi45 Rey. #4744 Rev. 409 Rev. 44 Rev, 4414 Rev. 444 Rev, 1/42
§ G ? 8 43 44 46
Employee Rights Emptoyee Your Rights Job Safety &
and Polygraph Under Health Workers Criteria to Equal Pay
Responsibiites Protection Act Unlormed W's the Law Campensatien Estabhiah an RSA 275:37
Under the Family Services ffrom Employee or
& Einptoyment & {OSHA.3165) fusurance Independent
Maditcal Leave Act {WH 1462) Reempioyment Minirssm Sine 8 KS Provider} Contractor
(WH-4420) Rights Aci Rev, 12/06
Rev. 2013 Rev, 142 (USERRA} Rev. 4°44 Rev. Vat4
Rev. 10/08
Other Required Postings
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a 24-Hour Contractor's Contractor's NHOOT Davis Bacon Additionally
Emeigency EEO Officer FEO 8 Federal Wage Rates Approved
Contact Appointment Harassment Compliance Wage Rates
information Letter Policy Officer Contact
{must have all Statement! Information
contact
information) {GFC Poster 1}
