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Source 4! CFR 60-4 Affirmative Action Requirements

affirm aive action for all minority groups, both male and
female. and ull women, both minority and non-minority.
Consequently, the Contractor may be in violation of the
Executive Order if a particular group is employed in a
substanijally disparate manner (for example, even though the
Contrador has achieved its goals for women generally, the
Contratior may be in violation of the Executive Order if a
specificminority group of women is underutilized).

10. The Contractor shall not use the goats and timetables or
affirm alive action standards to discriminate against any person
because of race, color, religion, sex, or national origin.

11. The Contractor shall not enter into any Subcontract with
any person or firm debarred from Government contracts
pursuant to Executive Order 11246.

12. The Contractor shall carry out such sanctions and
penalties for violation of these specifications and of the Equal
Opportunity Clausc, including suspension, termination and
cancel lation of existing subcontracts as may be imposed ar
ordered pursuant to Executive Order 11246, as amended, and
its implementing regulations, by the Office of Federal Contract
Compliance Programs, Any Contractor who fails to carry out
such sanctions and penalties shall be in violation of these
specifications and Executive Order 11246, as amended.

13. The Contractor, in fulfilling its obligations under these
specifications, shal] implement specific affirmative action
steps, at least as extensive as those standards prescribed in
paragraph 7 of these specifications, so as to achieve maximum
results from its cfforts to ensure equal employment
opportunity. If the Contractor fails to comply with the
requirements of the Executive Order, the implementing
regulations, or these specifications, the Director shall proceed
in accordance with 41 CFR 60-4.8.

14, The Contractor shall designate a responsible official to
monitor all employment related activity to ensure that the
company EEO policy is being carried out, to submit reports
relating to the provisions hercof as may be required by the
Government and to keep records. Records shall at least include
for each employee the name, address, (telephone numbers,
construction trade, union affiliation if any, employee
identification number when assigned, social security number,
race, Sex, status (€.g., mechanic, apprentice trainee, helper, or
iaborer), dates of changes in status, hours worked per week in
the indicated trade, rate of pay, and locations at which the
work was performed. Records shall be maintained in an easily
understandable and retrievable form; however, to the degrec
ihat existing records satisfy this requirement, contractors shall
nol be required ta maintain separate records,

13. Nothing herein provided shall be construed as a
limitation upon the application of other Jaws which establish
different standards of compliance or upon the application of
requirements for the hiring of local or other area residents
{¢.g., those under the Public Works Employment Act of 1977
and the Community Development Block Grant Program).

(b) The notice set forth in 41 CFR 60-4.2 and the
specifications set forth in 41 CFR 60-4,3 replace the New
Form for Federal Equal Employment Opportunity Bid
Conditions for Federal and Federally Assisted Construction
published ai 41 FR 32482 and commonly known as the Mode!
Federal EEO Bid Conditions, and the New Form shall not be
used after the regulations in 41 CFR Part 60-4 become
effective.

[43 FR 49254, Oct. 20, 1978; 43 FR $1401, Nov. 3, 1978, as
amended at 45
FR 65978, Oct. 3, 1980]

Page 4 of 4

FHWA-1273 -- Revised May 1, 2012

REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS

! General

i Nondiscrimination

il Nonsegregated Facilities

1V. Davis-Bacon and Related Act Provisions

V, — Contract Work Hours and Safety Standards Act
Provisions

Vi. Subletting or Assigning the Contract

Vil. Safety: Accident Prevention

Vill. False Statements Concerning Highway Projects

Ix Implementation of Clean Air Act and Federal Water
Pollution Control Act

x Compliance with Governmentwide Suspension and
Debarment Requirements

Xi. Certification Regarding Use of Contract Funds for
Lobbying

ATTACHMENTS

A, Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)

1. GENERAL

1, Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal), The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower Her
subcontracts (excluding purchase orders, rental agreements
and other agreemenis for supplies or services).

The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shail be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider

Form FHWA-1273 must be included in all Federal-aid design-
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services). The design-builder shall be responsible
for compliance by any subcontractor, iower-tier subcontractor
or service provider.

Cantracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents, however, the
Form FHWA-1273 must be physically incorporated {not
referenced) in all contracis, subcontracts and jower-tier
subconiracts (excluding purchase orders, rental agreements
and other agreements for supplies of services related to a
construction contract}

2. Subject to the applicability criteria noted in the following
seclions, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by plecework, station work, or by subcontract.

3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, wilhholding of final
payrnent, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA,

4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. The term Federal-aid
highway does not include roadways functionally classified as
local roads or rural minor collectors.

ll. NONDISCRIMINATION

The provisions of this section related to 23 CFR Pant 230 are
applicable to all Federal-aid construction contracts and {o afl
relaled construction subcontracts of $10,000 or more, The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60,
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title Vi
of the Civil Rights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27: and 23 CFR
Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.

Note’ The U.S, Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60, and 29
CFR 1625-1627. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), and Title VI of the Civil Rights Act of
1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27, and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR 230, Appendix
A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.

1, Equal Employment Opportunity: Equal employment
opporlunily (EEO) requirements not to discriminate and to take
affirmative action to assure equal Opportunity as set forth
under laws, execulive orders, rules, regulations (28 CFR 35,
28 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as modified by the
provisions prescribed herein, and Imposed pursuant to 23
U.S.C. 140 shail constitute the EEO and specific affirmative
action standards for the contractor's project activities under

this contract. The provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C 12101 et seq.) set forth under 28 CFR
35 and 29 CFR 1830 are incorporated by reference in this
contract. In the execution of this contract, the contractor
agrees to comply with the following minimum speclfic
requirement activities of EEO:

a The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equa! opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract.

b. The contractor will accept as its operating policy the
following statement:

“it is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex, colar,
national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer: recruitment or
recrultment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training,
including apprenticeship, pre-apprenticeship, and/or on-the-
job training.”

2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so

3. DissemInation of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, or who
are substantially involved in such action, will be made fully
cognizant of, and will implement, the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:

a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
nat less offen than once every six months, at which time the
contractor's EEO policy and Its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer.

b. All new supervisory or personne! office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitment for
the project will be Instructed by the EEO Officer In the
contractor's procedures for locating and hiring minorities and
women

d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.

e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the altention of
employees by means of meetings, employee handbooks, or
other appropriate means.

4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer.” All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived

a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and women
applicants may be referred {o the contractor for employment
consideration.

b. in the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor Is expected to observe the provisions of that
agreement to the extent that the sysiemn meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions

c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring. upgrading
promotion, transfer, demotion, layoff, anc termination, shall be
taken without regard {o race. color, religion, sex, national
origin, age or disability. The following procedures shall be
followed:

a. The contractor will conduct periodic inspections of project
sites to Insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.

b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.

c. The contractor will periodically review selected personne
actions in depth to determine whether there Is ewdence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.

d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will atempt to resolve
such complaints, and will take appropriate corrective action
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor wilt inform
every complainant of all of their avenues of appeal.

6. Training and Promotion:

a The contractor will assist in locating, qualifying, and
increasing the skills of minorilies and women who are

applicants for employment or current employees. Such efforis
should be aimed at developing full journey level status
employees in the type of trade or job classification Involved.

b Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shad make full use of training programs, i.e.,
apprenticeship, and on-the-job training programs for the
geographical area of contract performance. In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C, 140(a).

c, The contractor will advise employees and applicants for
employment of availabie training programs and entrance
requirements for each

d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.

7. Unions: }f the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. Actions by
the contractor, either directly or through a contractor's
association acting as agent, will include the procedures set
forth below:

a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs almed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment

b. The contractor will use good faith efforis to incorporate an
EEO clause into each union agreement to fhe end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, natlonal origin, age or
disability,

¢ The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shail so certify to
the contracting agency and shail set forth what efforts have
been made to obtain such information.

din the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies withoul regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph, in the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contracior shail Immediately notify the
contracting agency.

8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familar

with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
undue hardship.

9, Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex,
national origin, age or disability in the selection and retention
of subcontractors, including procurement of materials and
leases of equipment. The contractor shail {ake all necessary
and reasonable steps to ensure nondiscrimination in the
administration of ihis contract

a. The contractor shall notify all potential subcontractors and
suppliers and jessors of their EEO obligations under this
contract.

b. The contractor will use good falth efforts to ensure
subcontractor compliance with their EEO obligations.

40. Assurance Required by 49 CFR 26,13(b):

a. The requirements of 49 CFR Pari 26 and the State
DOT's U.S. DOT-approved DBE program are incorporated by
reference.

b. The contractor or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the
performance of this contract The contractor shal! carry out
applicable requirements of 49 CFR Part 26 In the award and
administration of DOT-assisted contracts. Failure by the
contractor to carry oul these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.

11. Records and Reports: The contractor shall keeo such
records as necessary to document compliance with the EEO
requirements. Such records shail be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA

a. The records kept by the contractor shall document the
following:

{1} The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;

(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and

(3) The progress and efforis being made in locating, hiring,
training, qualifying, and upgrading minorities and women;

b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project, indicating the number of minority, women, and
non-minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staffing dala should
represent the project work force on beard in all or any par of
the last payroll period preceding the end of July If on-the-job
training is being required by special provision, the contractor

will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July

it. NONSEGREGATED FACILITIES

This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of
310,000 or more.

The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result, The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom The contractor's obligation extends further
to ensure thal its employees are not assigned to perform their
services al any location, under the contractor's control, where
the facilities are segregated. The term “facilities" Includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lols, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single-user restrooms and necessary dressing or sleeping
areas to assure privacy belween sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS

This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
fower-tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-of-
way of a roadway that is functionally classified as Federal-aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.

The following provisions are from the U.S. Department of
Labor regulations In 29 CFR 5.5 “Contract provisions and
related maiters” with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.

1, Minimum wages

a All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and nof less
offen than once a week, and withoul subsequent deduction or
rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not tess
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardiess of any contractuat relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.

Contribulions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages
pald to such laborers or mechanics, subject to the provisions

of paragraph 1.d. of this section; also, regular contributions
made or costs Incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, of programs
which cover the particular weekly period, are deemed {fo be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided In 29 CFR §.5(a)(4}. Laborers or
mechanics performing work in more than one classification
may be compensated al the rate specified for each
classification for the time actually worked therein: Provided,
That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis-Bacon poster (WH-1321) shail be
posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.

b (1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which Is to be employed under the
contract shail be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:

{i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and

(ii) The classification is utilized in the area by the
construction Industry; and

(i!) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.

(2) if the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage raie (including the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S Department of Labor,
Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is
necessary.

(3) In the event the contractor, the taborers or mechanics
to be employed in the classification or their representatives.
and the contracting officer do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the
contracting officer shall refer ihe questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Wage and Hour Administrator for
delerminalion. The Wage and Hour Administrator, or an
authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or

will notify the contracting officer within the 30-day period that
additional time Is necessary.

(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.6.(3) of this section, shall be paid to all workers performing
work in (he classification under this contract from the first
day on which work is performed in the classification.

c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which Is not expressed as an hourly rate, the contractor
shail elther pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent (hereof,

d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the Secretary of
Labor has found, upon the written request of the contractor,
{hat the applicable standards of the Davis-Bacon Act have
been mel. The Secretary of Labor may require the contractor
lo set aside in a separate account assets for the meeting of
obligations under the plan or program.

2. Withholding

The contracling agency shall upon its own action or upon
writien request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor under this contract, or any other Federal
contract with the same prime contractor, or any other federally-
assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part
of the wages required by the contract, the contracting agency
may, after written notice to the contractor, take such action as
may be necessary te cause the suspension of any further
payment, advance, or guarantee of funds until such violations
have ceased.

3. Payrolls and basic records

a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all jaborers
and mechanics working al the site of the work. Such records
shail contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (Including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2}(B) of the
Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1}{iv) that
ihe wages of any laborer or mechanic include the amount of
any cosis reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-

Bacon Aci, the contractor shall maintain records which show
that the commitment te provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of appraniiceship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rales prescribed in the
applicable programs.

b.(1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and compietely all of the information required to be
maintained under 29 CFR 5.5(a){(3)(i}, except that full social
security numbers and home addresses shail not be Included
on weekly transmittals. Instead the payrolls shail only need to
include an individually identifying number for each employee (
e.g. . the last four digits of the employee's social security
number), The required weekly payroll information may be
submitted in any form desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division
Web site at hitp:/www.doi.gov/esa/whd/forms/wh347instr.htm
or iis successor site. The prime contractor fs responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. If is not a violation of this section fora prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency.

(2) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
centify the following:

(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information fs
being maintained under §5.5 (a)(3)(I) of Regulations, 29
CFR part 5, and thal such information is correct and
complete;

(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or
indirectly from the full wages earned, other ihan
permissible deductions as set forth in Regulations, 29 CFR
part 3;

(ii!) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.

(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH-~347 shail satisfy the requirement for submission of the
“Statement of Compliance” required by paragraph 3.b.(2) of
this section

(4) The falsification of any of the above certifications may
subject the contractor or subconiractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of
{itle 31 of the United States Code.

c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the Slate DOT, the
FHWA, or the Department of Labor, and shalt permit such
representatives to interview employees during working hours
on the Job. If the contractor or subcontractor fails to submit the
required records or to make them available, the FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5,12.

4, Apprentices and tralnees
a. Apprentices (programs of the USDOL).

Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a Stale Apprenticeship Agency recognized by the Office, or ifa
person Js employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the
applicable wage rale on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the fob site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor is
performing construction on a project in a locality other than
that in which iis program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractors registered
program shail be observed.

Every apprentice must be paid at nol Jess than the rate
specified in the registered program for the apprentice’s leve! of
progress, expressed as a percentage of the journeymen hourly

tate specified in the applicable wage determination.
Apprentices shail be paid fringe benefils in accordance with
the provisions of the apprenticeship program. If the
apprenticeship program does nat specify fringe benelits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines thal a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.

In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program Is approved.

b, Trainees (programs of the USDOL).

Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.

The ratio of trainees to journeymen on the job site shall nol be
greater than permitted under the plan approved by the
Employment and Training Administration.

Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines thal
there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shail
be paid nol less than the applicable wage rale on the wage
determination for the classification of work actually performed
In addition, any trainee performing work on the job site in
excess of the ratlo permitted under the registered program
shall be pald not less than the applicable wage rate on the
wage determination for the work actually performed.

in the event the Employment and Training Administration
wilhdraws approval of a training program, the contractor will no
longer be permilied to utilize trainees al less than {he
applicable predetermined rate for the work performed until an
acceptable program is approved.

¢ Equat employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment cpportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30

d. Apprentices and Tralnees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and
Skill {raining programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
The straight time hourly wage rates for apprentices and
lrainees under such programs will be established by the
particular programs, The ratio of apprentices and trainees to
journeymen shail nol be greater than permitted by the terms of
the particular program.

§. Compilance with Copeland Act requirements. The
contractor shail comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.

6. Subcontracts, The contractor or subcontractor shall insert
Form FHWA-1273 In any subcontracts and also require the
subcontractors to include Form FHWA-1273 In any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.

7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided In 29 CFR 5.12.

8. Compilance with Davis-Bacon and Related Act
requirements. All rulings and Interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.

9. Disputes concerning labor standards. Disputes arising
oul of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5, 6, and
7, Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontraclors) and the
contracting agency, the US. Department of Labor, or the
employees or their representatives,

10. Certification of eligibility.

a By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a){1).

b. No part of this contract shail be subcontracted to any person
of firm ineligible for award of a Government contract by virtue
of section 3{a) of the Davis-Bacon Act or 29 CFR §.12(a}(1).

c. The penalty for making false statements is prescribed in the
U.S Criminal Code, 168 U.S.C 1004

Vv. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT

The following clauses apply to any Federal-aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act These clauses shall be inserted in addition to
the clauses required by 29 CFR 5.5(a) of 29 CFR 4.6. As
used in this paragraph, the terms laborers and mechanics
include watchmen and guards.

1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or Involve the employment of laborers or mechanics shail
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensaticn at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.

2. Violation; lability for unpald wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. in addition, such contractor and subcontractor
shail be liable to the United States (in {he case of work done
under contract for the District of Cotumbia or a territory, ta such
District or to such territory), for liquidated damages Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause sel forth in paragraph (1.) of this section.

3. Withholding for unpald wages and liquidated damages.
The FHWA or the contacting agency shall upon Its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Wark
Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be
necessary {o satisfy any liabilities of such contractor or
subconiractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2.) of this
section.

4. Subcontracts. The contractor or subcontractor shail insert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring ihe
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tler subconiractor
with the clauses set forth In paragraphs (1.) through (4.) of this
section

Vl. SUBLETTING OR ASSIGNING THE CONTRACT

This provision is applicable to all Federal-aid construction
contracts on the National Highway System.

1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specially items may be
performed by subcontract and the amount of any such
speciaity items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).

a. The term “perform work with its own organization” refers
to workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
eguipment of a subcontractor or jower tier subcontractor,
agents of the prime contractor, or any other assignees The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditions:

(1) the prime contractor maintains control over the
supervision of the day-to-day activilies of the leased
employees;

(2) the prime contractor remains responsible for the quality

of the work of the leased employees:

(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and

(4) the prime contractor remains ultimately responsible for

the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and ail
other Federal regulatory requiremenis.

b. “Specialty Items" shall be construed to be timited to work
lhat requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualifled and expected {o bid or propose on the
contract as a whole and In general are to be limited to minor
components of the overall contract.

2. The contract amount upon which the requirements set forth
in paragraph (1) of Section Vi is computed includes the cost of
material and manufactured products which are to be
purchased or produced by the contractor under the contract
provisions.

3. The contractor shail furnish (a) a competent superintendent
or supervisor who is employed by the firm, has full authority to
direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of ils
own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary lo assure the performance of the contract.

4. No portion of the contract shall be subiel, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is

evidenced in writing and that it coniains all pertinent provisions
and requirements of the prime contract

5 The 30% self-performance requirement of paragraph (1) 1s
not applicable to design-build contracts; however, contracting
agencies may establish their own self-performance
requirements

VH. SAFETY: ACCIDENT PREVENTION

This provision is applicable to all Federalaid
construction coniracts and to all related subcontracts.

1, In the performance of this contract the contractor shall
comply with ail applicable Federal, State, and local laws
governing safely, health, and sanitation (23 CFR 635). The
contractor shall provide all safeguards, safely devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
feasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract

2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, In performance
af the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safely and
health standards (29 CFR 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 3704)

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance \o Inspect or investigale the matter of compilance
with the construction safely and health standards and to carry
oul the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40
U.S.C.3704).

Vill, FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS

This provision is applicable to all Federal-aid
construction contracts and to all related subcontracts

In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of rellability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal-
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR 635) In one or more
places where It is readily available to all persons concerned
with the project:

48 U.S.C. 1020 reads as follows:

"Whoever, being an officer, agent, or employee of the Unifed
Slates, or of any State or Territory, or whoever, whether a
person, asSociation, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts. or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation, or

Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or fo be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or

Whoever knowingly makes any faise statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal-aid
Roads Act approved July 1, 1916, (39 Stal. 355), as amended
and supplemented;

Shall be fined under this title or imprisoned not more than 5
years or both."

IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT

This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.

By submission of this bid/proposal or the execution of this
contract, or subcontract, as appropriate, the bidder, proposer
Federal-aid construction contractor, ar subcontractor, as
appropriate, will be deemed to have stipulated as follows:

1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
of Section 306 of the Clean Air Act.

2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direc! as a means of enforcing
such requirements

X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION

This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, consultant
coniracis or any other covered transaction requiring FHWA
approval or that is estimated to cos! $25,000 or more — as
defined in 2 CFR Parts 180 and 1200.

1. Instructions for Certification — First Tier Participants:

a By signing and submitting this proposal, the prospective
first tler participant Is providing the certification set out below.

D The inability of a person to provide the certification set out
below will nol necessarily result in denial of participation in this

covered transaction. The prospective first tier participant shat
submit an explanation of why if cannot provide the certification
sal out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However.
failure of the prospective first tler participant to furnish a
certification or an explanation shall disqualify such a person
from panicipation in this transaction,

c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction, If it is later
determined that the prospective participant knowingly rendered
an erroneous cenification, in addition lo other remedies
available to the Federal Government, ihe contracting agency
may terminate this transaction for cause of default.

d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
ihis proposal is submitted if any time the prospective first ter
participant learns that its cerlification was erroneous when
submitted ar has become erroneous by reason of changed
circumstances

e. The terms “covered transaction," “debarred,”
“suspended,” “ineligible,” “participant,” “person,” "principal,"
and “voluntarily excluded,” as used in this clause, are defined
in 2 CFR Parts 180 and 1200. “First Tier Covered
Transactions" refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). “Lower Tier Covered
Transactions” refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). "First Tier
Participant" refers to the participant who has entered inlo a
covered transaction with a grantee or subgrantee of Federai
funds (such as the prime or general contractor}. “Lower Tier
Participant” refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Ter Participants (such as subcontractors and suppliers)

f The prospective first tier participant agrees by submitting
this proposal thal, should the proposed covered transaction be
entered into, i{ shall not knowingly enter into any lower tier
covered lransaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering inte this transaction.

g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions,”
provided by the department or contracting agency, entering
inio this covered transaction, without modification, in all lower
tier covered transactions and in ail solicitations for lower tier
covered transactions exceeding the $25,000 threshold.

h. A participant In a covered transaction may rely upon a
certification of a prospeciive participant in a lower tler covered
{ransaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are nol suspended,
debarred, or olherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower lier prospeciive panicipants, each
participant may, but fs not required to, check the Excluded

Panties List System website (hitps:/Avww.epls.gov/), which is

compiled by the General Services Administration