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Rev, 6/2/10
Supersedes Spec, Attn. dated 3/9/90, 12/5/90, 4/4/92, 2/22/93, 4/24/95 & 6/5/98

ALL FA PROJECTS (STEEL & IRON PRODUCTS)

SPECIAL ATTENTION
BUY AMERICA

In accordance with the BUY AMERICA requirements of the Federal regulations, all
manufacturing processes for steel and iron materials furnished for permanent incorporation into
the work on this project shall occur in the United States. The only exception to this requirement
is the production of pig iron and the processing, pelletizing and reduction of iron ore, which may
occur in another country. Other than these exceptions, all melting, rolling, extruding, machining,
bending, grinding, drilling, coating, etc. must occur in the United States.

Products of steel include, but are not limited to, such products as structural steel, piles,
reinforcing steel, structural plate, steel culverts, guardrail and steel supports for signs, signals and
luminaires. Products of iron include, but are not limited to, such products as cast iron frames and
grates, Coatings include, but are not limited to, the applications of epoxy, galvanizing and paint.
The coating material is not subject to this clause, only the application process.

A Certificate of Compliance, conforming to the requirements of Section 106.04, shall be
furnished for steel and iron materials. Records to be maintained by the contractor for this
certification shall include a signed mill test report and a signed certification by each supplier,
distributor, fabricator, and manufacturer that has handled the steel or iron product affirming that
every process, including the application of a coating, performed on the steel or iron product has
been carried out in the United States of America, except as allowed by this Special Attention.
The lack of these certifications will be justification for rejection of the steel or iron product.

The requirements of said law and regulations do not prevent a minimal use of foreign steel
and iron materials if the cost of such materials used does not exceed one-tenth of one percent
(0.1%) of the total contract price or $2,500.00, whichever is greater.

Upon completion of the project, the Contractor shall certify in writing as to compliance
with this Special Attention and also provide the total project delivered cost of all foreign steel
and/or iron permanently incorporated into the project. The form for this certification is entitled
“Buy America Certificate of Compliance” and can be found at www.NHDOT.com.

\hendotfilel\global\specifications\sa spec attn\buy america iron.doc

SA

December 24, 1998
Supersedes Spec. Attn. dated 3/29/88 & 12/5/90

FHWA Projects

SPECIAL ATTENTION

CONTRACT AFFIDAVIT - CERTIFICATION REGARDING DEBARMENT
SUSPENSION

The separate form entitled, CONTRACT AFFIDAVIT (As Required by Section 112(c) of
Title 23 USC) has been deleted from this proposal.
Bidders are advised that the last page of the bidding proposal has been revised to include the

same reference, IN BOLD PRINT, relative to the non-collusion statement included on the

discontinued form.

XXXXXXXXKXXKXXXX

The Contractor is advised that 49 CFR 29.510, Appendix A, requires that the Contractor,
including all principals, certify that they are not currently under debarment or suspension or have not
been under debarment or suspension within the past three years. (For certification instructions see next
page).

The certification has been added, IN BOLD PRINT, onto the next to the last page of the
bidding proposal.

The Contractor is further advised that Appendix B of 49 CFR 29.510 regarding certification of

lower tier transactions has been added to Form FHWA-1273.

SASPECSISPECA TT MCONT -AFF DOC

December 24, 1998 SA
Supersedes Spec. Attn. dated 12/5/90

Appendix A - Certification regarding Debarment, Suspension, and other Responsibility Matters - Primary Covered
Transactions.

Instruction for Certification

1, By signing and submitting this proposal. the prospective primary participant is providing the certification
set out below,

2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot
provide the certification set out below, ‘The certification or explanation will be considered in connection with the
department or agency’s determination whether to enter into this transaction. However, failure of the prospective
primary participant to furnish a certification or an explanation shall disqualify such person from participation in this
transaction.

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

4, The prospective primary participant shall provide immediate written notice to the department or agency to
whom this proposal is submitted if at any time the prospective primary participant learns thal its certification was
erroncous when submitted or has become erroneous by reason of changed circumstances.

5. The terms "covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,”
“participant,” “person,” “primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in
this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive
Order 12549. You may contact the depariment or agency to which this proposal is being submitted for assistance in
obtaining a copy of these regulations.

6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered
\ransaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized by the department or agency entering into this transaction

7. The prospective primary 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
Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all
lower Her covered transactions and in all solicitations for lower tier covered transactions,

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower
ticr covered transaction that is not debarred, suspended, incligible, or voluntarily excluded from the covered
lransaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List.

9. Nothing contained in the foregoing shall be construcd to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a participant is
not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.

30, Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
iransaction knowingly enters into a lower Lier covered transaction with a person who is suspended, debarred, incligible,
or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal
Government, the department or agency may terminatc this transaction for cause or default,

SASPECSS PECA TT MWDEBAR-IN.DOC

SA
1/2001

Supersedes 3/90
ALL FA PROJECTS

SPECIAL ATTENTION
LOBBYING

UNITED STATES DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION

SUBJECT: LIMITATION ON USE OF GRANT OR CONTRACT FUNDS FOR LOBBYING

The lobbying restrictions were established by Section 319 of Public Law 101-121 (Department
of the Interior and Related Agencies Appropriations Act for Fiscal Year 1990).

The law prohibits Federal funds from being expended by the recipient or any lower tier
subrecipients of a Federal contract, grant, loan, or cooperative agreement to pay any person for
influencing or attempting to influence a Federal agency or Congress in connection with the awarding of
any Federal contract, the making of any Federal grant or loan, or the entering into of any cooperative
agreement. The extension, continuation, renewal, amendment or modification of any Federal contract,
grant, loan, or cooperative agreement is also covered.

Federal-aid contractors, and consultants, as well as lower tier subcontractors and
subconsultants are also subject to he lobbying prohibition. To assure compliance, a certification
provision is included in all Federataid construction solicitations and contracts, and consultant
agreements exceeding $100,000 in Federal funds.

The Contractor shall be aware that by signing and submitting this proposal, he or she is attesting
to the requirements of the certification provisions.

During the period of performance of a grant or contract, recipients and subrecipients must file
disclosure form (Standard Form LLL) at the end of each calendar year quarter in which there occurs
any event that requires disclosure or that materially affects the accuracy of the information contained in

any previously filed disclosure form.

Lower tier certifications should be maintained by the next tier above (i.e., prime contractors will
keep the subcontractors’ certification on file, etc.}. Copies of Standard Form LLL will be included in
the subcontract package for distribution to successful bidders.

S:ASPECS\SPECATTMLOBBYING DOC

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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Page 2 of 8

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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Page 3 of 8

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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Page 4 of 8

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.