HomeMy WebLinkAbout1998-94 - STP-Urban Program Agreement with Missouri Highway and Transportation CommissionBILL NO. 98-9~.'--
ORDINANCE NO. 98- ~~
AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN THE MISSOURI HIGHWAY AND
TRANSPORTATION COMMISSION STP-URBAN PROGRAM AGREEMENT TO ALLOW FOR
IMPROVEMENTS TO BE MADE ON NW GATEWAY.
BE IT ORDAINED BY THE BOARD OF ALDERMEN FOR THE CITY OF RIVERSIDE,
MISSOURI, AS FOLLOWS:
SECTION 1. Whereas the City of Riverside has received
funding for $1,000,000 to make certain
improvements to NW Gateway, and
SECTION 2. Whereas the City has already committed the
funding, contracted for the engineering
design, and agreed to assume the maintenance
and repair of this section of road after
the completion of the improvements,
SECTION 3. The Mayor is hereby authorized to sign the
Missouri Highway and Transportation Commission
STP-Urban Program Agreement to allow the
project to move forward.
PASSED THIS 17TH DAY OF NOVEMBER, 1998.
/,
i
ayor Ed Ru e
ATTES~:~
,~
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Louise Rusick, City Clerk
ooOT
Missouri 105 West Capitol Avenue
P.O. Box 270
Department Jefferson City, MO 65102
(573)751-2551
of Transportation Fax(573)751-6555
Joe Mickes,Chief Engineer
December 10, 1998
Mrs. Ann Daniels
City Administrator
P.O. Box 9135
4500 N.W. High Dr.
Riverside, Missouri 64168
Dear Mrs. Daniels:
Reference is made to Project No. STP-3412 (403),N.W. Gateway Improvement (U.S. Route 69).
Attached for your records are 4 copies of the fully executed Agreement between the City and the
Missouri Highway and Transportation Commission.
Also attached are the revised Federal-Aid Construction Contract Provisions to be included in the
contract proposal.
If we can be of further assistance,please contact me at (816) 889-6454.
Yoertanaaiaison Engineering Coordinator- Design
Attachments
MGREEXI5
"our mission is to preserve,enhance and support Missouri's transportation systems."
CCO FORM: TP2
Approved: 7/96 (KMH)
Revised: 7/98 (BDG)
Modified:
MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION
STP-URBAN PROGRAM AGREEMENT
THIS STP-URBAN AGREEMENT is entered into by the Missouri Highway and
Transportation Commission (hereinafter, "Commission") and the City of Riverside
(hereinafter, "City").
WITNESSETH:
WHEREAS, 23 U.S.C. §133 authorizes a Surface Transportation Program (STP)
to fund transportation related projects; and
WHEREAS, the City desires to construct certain improvements, more specifically
described below, using such STP funding; and
WHEREAS, those improvements are to be designed and constructed in
compliance with the provisions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations in this Agreement, the parties agree as follows:
(1) PURPOSE: The improvement contemplated by this Agreement and
designated as Project STP-3412 (403) involves:
Widening existing Highway 69 and Bridge No. A-4291 from 2-lanes to 4-lanes.
(2) LOCATION: The contemplated improvement designated as Project
STP-3412 (403) by the Commission is within the city limits of Riverside, Missouri. The
general location of the improvement is shown on an attachment hereto marked "Exhibit
A" and incorporated herein by reference. More specific descriptions are as follows:
The proposed widening will be along N.W. Gateway (Highway U.S. 69) and extend from
Vivion Road to N.W. Platte Street.
(3) LIMITS OF SYSTEM: The limits of the surface transportation system for
the City shall correspond to its geographical area as encompassed by the urban
boundaries of the City as fixed cooperatively by the parties subject to approval by the
Federal Highway Administration.
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(4) ROUTES TO BE INCLUDED: The City shall select the high traffic volume
arterial and collector routes to be included in the surface transportation system, to be
concurred in by the Commission, subject to approval by the Federal Highway
Administration. It is understood by the parties that surface transportation system
projects will be limited to the said surface transportation system, but that streets and
arterial routes may be added to the surface transportation system, including transfers
from other federal aid systems.
(5) INVENTORY AND INSPECTION: The City shall:
(A) Furnish annually, upon request from the Commission or Federal
Highway Administration (FWHA), information concerning conditions on streets included
in the STP system under local jurisdiction indicating miles of system by pavement width,
surface type, number of lanes and traffic volume category.
(B) Inspect and provide inventories of all bridges on that portion of the
federal-aid highway systems under the jurisdiction of the City in accordance with the
Federal Special Bridge Replacement Program, as set forth in 23 U.S.C. §144, and
applicable amendments or regulations promulgated thereunder.
(6) ACCEPTED WITHIN HIGHWAY SYSTEM: Effective upon execution of
this Agreement, the Commission accepts the above described portion of the City street
system as part of the State Highway System for the purposes of this STP project.
However, during the construction period contemplated in this Agreement:
(A) Commission will assume no police or traffic control functions not
obligatory upon Commission immediately prior to the execution of this Agreement, and
(8) City shall perform or cause to be performed normal maintenance
on the project site.
(7) CITY TO MAINTAIN: Upon completion of construction of this
improvement, the City shall accept control and maintenance of the improved street and
shall thereafter keep, control, and maintain the same as, and for all purposes, a part of
the City street system at its own cost and expense and at no cost and expense
whatsoever to the Commission. All obligations of the Commission under this
Agreement shall cease upon completion of the improvement.
(8) INDEMNIFICATION: The City shall be responsible for injury or damages
as a result of any services and/or goods rendered under the terms and conditions of
this Agreement. In addition to the liability imposed upon the City on the account of
personal injury, bodily injury, including death, or property damage, suffered as a result
of the City's performance under this Agreement, the City assumes the obligation to
save harmless the Commission, including its agents, employees and assigns, from
every expense, liability or payment arising out of such wrongful or negligent act or
omission, including legal fees. The City also agrees to hold harmless the Commission,
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including its agents, employees and assigns, from any wrongful or negligent act or
omission committed by any subcontractor or other person employed by or under the
supervision of the City for any purpose under this Agreement, and to indemnify the
Commission, including its agents, employees and assigns, from every expense, liability
or payment arising out of such wrongful or negligent act or omission. It is the intent of
the parties that the Commission is to assume no liability for the completion of the
contemplated improvement and, if the Commission should expend any funds in
connection with this improvement for which it is not reimbursed by the United States
Government, the City will reimburse the Commission for those funds.
(9) CONSTRUCTION SPECIFICATIONS: Parties agree that all construction
under the Surface Transportation Program for the City will be constructed in
accordance with current Missouri Department of Transportation (MoDOT) design
criteria/specifications for urban construction unless separate standards for the surface
transportation system have been established by the City and the Commission subject to
the approval of the Federal Highway Administration.
(10) ADDITIONAL RIGHT OF WAY: The City shall acquire any additional
right of way required for Project STP-3412 (403) and in so doing shall comply with all
applicable federal laws, rules and regulations including but not limited to 42 U.S.C.
§4601 , of seq., the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970.
(11) REIMBURSEMENT: The cost of the contemplated improvements will be
borne by the United States Government and by the City as follows:
(A) The United States Government is presently participating in eighty
percent (80%) of the eligible costs of STP-Urban Projects. The maximum amount of
allocated Federal funds for this project is $1,000,000.00 plus twenty-five percent (25%).
Any costs for these improvements which exceed federal reimbursement shall be the
sole responsibility of the City. The Commission shall not be responsible for any costs
associated with these improvements unless specifically identified in this Agreement or
subsequent amendments.
(12) PERMITS: The City shall secure any necessary approvals or permits
from the Federal Government and the State of Missouri as required to permit the
construction and maintenance of the contemplated improvements.
(13) TRAFFIC CONTROL: The plans shall provide for handling traffic with
signs, signal and marking in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD).
(14) WORK ON STATE RIGHT OF WAY: The Commission and the City agree
that, if any contemplated improvements for Project STP-3412 (403) will involve work on
the state's right of way, the City will provide reproducible final plans to the Commission
relating to such work.
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(15) DISADVANTAGED BUSINESS ENTERPRISES: At time of processing
the required project agreements with the Federal Highway Administration, the
Commission will advise the City of any required goals for participation by disadvantaged
business enterprises to be included in the City's proposal for the work to be performed.
The City shall submit for Commission approval a disadvantaged business enterprise
goal or plan. The City shall comply with the plan or goal that is approved by the
Commission and all requirements of 49 C.F.R. Part 23, as amended.
(16) NOTICE TO BIDDERS: The City shall notify the prospective bidders that
disadvantaged business enterprises shall be afforded full and affirmative opportunity to
submit bids in response to the invitation and will not be discriminated against on
grounds of race, color, sex, or national origin in consideration for an award.
(17) PROGRESS PAYMENTS: Progress payments to the City for preliminary
engineering and right of way are available upon the City's written request. In the event
Project STP-3412 (403) is not built or is built to standards not satisfactory to the Federal
Highway Administration, the City agrees to repay the Commission for any progress
payments made to the City for the respective project and agrees that the Commission
may deduct progress payments made to the City from future payments to the City.
(18) OUTDOOR ADVERTISING: The City further agrees that the right of way
provided for any Surface Transportation Program improvement will be held and
maintained inviolate for public highway or street purposes, and will enact and enforce
any ordinances or regulations necessary to prohibit the presence of billboards or other
advertising signs or devices and the vending or sale of merchandise on such right of
way, and will remove or cause to be removed from such right of way any sign, private
installation of any nature, or any privately owned object or thing which may interfere
with the free flow of traffic or impair the full use and safety of the highway or street.
(19) PROJECT AUDIT: The Commission will perform a final audit of project
costs. The United States Government shall reimburse the City, through the
Commission, any monies due. The City shall refund any overpayments as determined
by the final audit.
(20) OMB AUDIT: If the City receives three hundred thousand dollars
($300,000) or more per year total of all federal financial assistance, it is required to
have an independent annual audit done in accordance with OMB Circular A-133. A
copy of the audit report shall be submitted to Missouri Department of Transportation
(MoDOT) within thirty (30) days of the issuance of the report. Subject to the
requirements of OMB Circular A-133, if the City obtains less than three hundred
thousand dollars ($300,000), the City may be exempt from auditing requirements, but
records must be available for review by the applicable state and federal authorities.
(21) VENUE: It is agreed by the parties that any action at law, suit in equity, or
other judicial proceeding to enforce or construe this Agreement, or regarding its alleged
breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
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(22) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the State of Missouri. The City shall comply with all local, state
and federal laws and regulations relating to the performance of this Agreement.
(23) AMENDMENTS: Any change in this Agreement, whether by modification
or supplementation, must be accomplished by a formal contract amendment signed
and approved by the duly authorized representatives of the City and the Commission.
(24) COMMISSION REPRESENTATIVE: The Commission's chief engineer is
designated as the Commission's representative for the purpose of administering the
provisions of this Agreement. The Commission's representative may designate by
written notice other persons having the authority to act on behalf of the Commission in
furtherance of the performance of this Agreement.
(25) NOTICES: Any notice or other communication required or permitted to be
given hereunder shall be in writing and shall be deemed given three (3) days after
delivery by United States mail, regular mail postage prepaid, or upon receipt by
personal or facsimile delivery, addressed as follows:
Missouri Highway and Transportation Commission
105 West Capital
P.O. Box 270
Jefferson City, Missouri 64102-0270
or to such other place as the parties may designate in accordance with this Agreement.
To be valid, facsimile delivery shall be followed by delivery of the original document, or
a clear and legible copy thereof, within three (3) business days of the date of facsimile
transmission of that document.
(26) NONDISCRIMINATION ASSURANCE: With regard to work under this
Agreement, the City agrees as follows:
(A) Civil Riahts Statutes: The City shall comply with all state and
federal statutes relating to nondiscrimination, including but not limited to Title VI and
Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000d and §2000e, et
seq.), as well as any applicable titles of the "Americans with Disabilities Act" (42 U.S.C.
§12101, et seq.). In addition, if the City is providing services or operating programs on
behalf of the Department or the Commission, it shall comply with all applicable
provisions of Title II of the "Americans with Disabilities Act".
(B) Executive Order: The City shall comply with all the provisions of
Executive Order No. 94-03, issued by the Honorable Mel Carnahan, Governor of
Missouri, on the fourteenth (14th) day of January 1994, which executive order is
incorporated herein by reference and is made a part of this Agreement. This Executive
Order, which promulgates a Code of Fair Practices in regard to nondiscrimination, is
incorporated herein by reference and made a part of this Agreement. This Executive
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Order prohibits discriminatory practices by the state, the City or its subcontractors
based on race, color, religion, national origin, sex, age, disability or veteran status.
(C) Administrative Rules: The City shall comply with the administrative
rules of the United States Department of Transportation relative to nondiscrimination in
federally-assisted programs of the United States Department of Transportation (49
C.F.R. Part 21) which are herein incorporated by reference and made part of this
Agreement.
(D) Nondiscrimination: The City shall not discriminate on grounds of
the race, color, religion, creed, sex, disability, national origin, age or ancestry of any
individual in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The City shall not participate either directly or
indirectly in the discrimination prohibited by 49 C.F.R. §21.5, including employment
practices.
(E) Solicitations for Subcontracts Including Procurements of Material
and Equipment: These assurances concerning nondiscrimination also apply to
subcontractors and suppliers of the City. These apply to all solicitations either by
competitive bidding or negotiation made by the City for work to be performed under a
subcontract including procurement of materials or equipment. Each potential
subcontractor or supplier shall be notified by the City of the requirements of this
Agreement relative to nondiscrimination on grounds of the race, color, religion, creed,
sex, disability or national origin, age or ancestry of any individual.
(F) Information and Reports: The City shall provide all information and
reports required by this Agreement, or orders and instructions issued pursuant thereto,
and will permit access to its books, records, accounts, other sources of information, and
its facilities as may be determined by the Commission or the United States Department
of Transportation to be necessary to ascertain compliance with other contracts, orders
and instructions. Where any information required of the City is in the exclusive
possession of another who fails or refuses to furnish this information, the City shall so
certify to the Commission or the United States Department of Transportation as
appropriate and shall set forth what efforts it has made to obtain the information.
(G) Sanctions for Noncompliance: In the event the City fails to comply
with the nondiscrimination provisions of this Agreement, the Commission shall impose
such contract sanctions as it or the United States Department of Transportation may
determine to be appropriate, including but not limited to:
1. Withholding of payments under this Agreement until the City
complies; and/or
2. Cancellation, termination or suspension of this Agreement,
in whole or in part, or both.
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(H) Incorporation of Provisions: The City shall include the provisions of
paragraph (26) of this Agreement in every subcontract, including procurements of
materials and leases of equipment, unless exempted by the statutes, executive order,
administrative rules or instructions issued by the Commission or the United States
Department of Transportation. The City will take such action with respect to any
subcontract or procurement as the Commission or the United States Department of
Transportation may direct as a means of enforcing such provisions, including sanctions
for noncompliance; provided that in the event the City becomes involved or is
threatened with litigation with a subcontractor or supplier as a result of such direction,
the City may request the United States to enter into such litigation to protect the
interests of the United States.
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IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below.
Executed by the City this �� day of �. c� 19% .
Executed by the Commission this�_day of Lo19. .
MISSOURI HIGHWAY AND CITY OF
TRANSPORTATION COQ MISSION RIVE OURI ;
Assistant To Chief Engineer
Title Oyerations Title
�RhcJ�L�ziz y�� By
Secretary to the Commission
Title
Approved as to Form: Approved as to Form:
Title
Com ' sion Counsel
[If needed to authorize a city official
to execute the agreement.]
Ordinance / Resolution No.
RSTP-AGRE
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REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
Page mens A).or
I General . ... . . . . . . .. . . . . . . . . . . . .. .. . . . . . . . . . 1
11. Nonescnmmation . . . . . . . . . .. . .. . . .. . . .. .. . . . 1 b. employ mnvrt labor for any purpose within the limns of the
III. Nonsegregated Facilities . .. . . .. . . . .. . . . . . . . . . . . 3 project unless n Is labor performed by Convicts who are on parole.
IV. Payment or Predetem med Minimum Wage . . ... . . . 3 supervised release.or probation.
V. Statements and Payrolls . . . ... . .. . .. . . . ... .. . . 6
VI. Record of Materials.Supplies.and Labor ..... ... .. 6 it. NONDISCRIMINATION
Vl1. Subsiding or Assigning the Contract ... .......... . 7
VIII. Safety: Accident Prevention .. ... . .. . .. .. .. . ... . 7 (Applicable to all Federal-aro construction contracts and ro an
IX. False Statements Concerning Highway Projects . . . . . 7 related subcontracts of$10.000 or more.)
X. Implementation of Clean Air Act and Federal
Water Pouuuon Control A= . . . . . .. . . . . . . . . . . . . . . B 1. Equal Employment Opportunity: Equal emGoyment opponh.
XI. Certification Regarding Debarment.Suspension. nay,(EEO)requirements not to discriminate and to tike affimnatme
Inelrgibllhy.antl Voluntary Excitation ... .. .. .. . 6 action to assure equal opportunity as set forth under laws.eseolMe
XII. Certification Regarding the of Contract Funds for orders,rues.regutabons(26 CFR 35,29 CFR 16M and 41 CFR 60)
9 and proem of the Secretary of Labor as modified by me provsions
Lobbyng . ... . ........ . . ... .. ... . . . . . . . . . . . . . proscribed herein, and anposed pursuant to 23 U.S.C. 140 shall
ATTACHMENTS torstrtute the EEO and specific affirmative action standards for the
Corltm=r,s prolect scuvties under this compact. The Equal
A Employment Preferan=for Appalachian Contracts Opportunity Construction Contra=Specifications set forth under 41
(included an Appalachian contracts only) CFR 60.4.3 and the provlalons of the American Disabilities Act of
1990(42 U.S.C. 12101 ft&U.)set forth under 26 CFR 35 and 29
1. GENERAL CFR 1630 are mmrpo sted by referertte m this Contra=. In the
exeetion if th=conte=,the control agrees to campy with the
1. These afflo =provbons shall appy to all work pefthined on fo"mV minimum specific requirement actrvnes of EEO:
the CCmna= by the Contractors dem orga="w and with the
assistance of workers under the mmmidu s wrmrdute supenn. ■. The contractor will work with the State highway agency
tenoencle and to ad work petfomrd on the canba=by plecawork. (SHA)end the Federal Government m carrying out EEO obl gAbOrm
station work.or by subrnrtbacL and in their review,of hisiner scavuias upper the mntmcL
2 Eltbept as othernw ae povided torn each section.,the convector It. The contraChir will accept ss his operating Ply the
11hal irtfem in each subcontract all of the Morllatlons carrlaeec in foaowirq statement:
tlhes. Requnsd Corlbect Prowaid=. .M Curtner require their
ktisgm n any bower persubconaaa or purchase order tet may n 'tt b the policy of tars Company to assure that applicants am
tum be made:. The Required ComraC Provisions shall not be lI pe"d.and bat enpbyees ate treated dung employment.
nrsrporated by r■ter.ri2 n arty case. The one chino=ior■hall be wltout regard to born race.Rlgion.max.color.national orhg n.
responsible for eomplaince by any sub=rmlt=or or lower all ape or dsadifty. Such action shall inciud l: employment,
subcontractor with these Required Contra=Pttvslom. upprad ng. demolition, or transfer, retruiorient or maulb 0 t
an9;dwmmbye or lemanation:ratt
tes of Pay or oer tomes of
3. A breach,of my of the Mpaabors mnsned in these Repulsed mmpensaton:antl selection for vorni g.wh=udslg aPIo emndr-
Comact F mwaso s shad be sufficient grounds for emontil Of the scrip.PeepprenfQahip,an cl on-beyob bammg'
comma
2 EEO Offlcacar. The eorteactor will deagnim and make known
4. A breach of the lolbwwhq clauses of the Radiated Contra= to the SHA mwactug affiran an EEO Ofter who will have the
Provisions may also be grounds for debament as prowidad in 29 msPdpublitY for and must be capable of eoeecnely fil"Ohsenng
CFR 5.12: and prompting an active amtanor program of EEO and who roust
be msgred adequate authority and respon si bbly,to do so.
Sectim 1,paragraph 2: 3. Dinamlnatlon of Policy: As n0bts of be contractors Stam
Section N,paragraphs 1.2.3.4,ael 7:
Section V.paragraphs 1 and 2s through 2p. who ate al"nead to hre, suPery . Plhote• anti discharge
enalso,ees.or who mcomi netel such s=hod d who we Subcrantially
5. Depusq Shang out or the all hnanrdards Prevsiem at irwoaed in such action, will be made fully cognizant of, and will
Sector IV(arcapt paragraph 5)and Section V of these Roomed anplermnL tie mml diors EEO policy and contactual tesponotbil.
Contract Prowsana Ill not be subject to the 9e1en1 dspues tet sopovde EEO in each grade and C"msdhcabon of emPloynhent
clause of Vm eonbecl Such tlsputes shall be hosoMd in■mor- To emcee that the above SW" lent will be met. the fokovmg
d■moe with los prpoedaes of the US.Depammmt of Labor(DOL)as a=bons will be Hien as a rmnaram+:
set forth In 29 CFR 5.6.and 7. Disputes wdhah tin meeting of this and personnel o
clauclause. e kKLban
ale disputes lost, an the Convector (or any of Ib a. Periodic o1 ��ryoffice
0e ,brtOil „e of Pepe and then ice
subeontnctas) and the Combact M agency. the DOL. or the emiploy
"be conductedrorNsctOrs elployaes or ttheir tePtesentativaa. not
a"often ten once wary=nomas.at which twine the mhbactdrs
EEO pokCY and se krplermmsbon will be revrwed and esplaoed.
6. Seecdoeh of Labor. Dong the Pedortrerce of this 0040 The rmefugs wtitbe conteucted byte EEO officer.
the eondactor shad rot It. Ag now w■npervisory or personnel Off10e anPbYsas wig be
.. dbdnhweas agio st labor fide any other State.POSsOss°n• 9iwen s thdough ndmtrksbon by the EEO Officer. mwermg all
or ettworY of the Unaatl states Ies xDt for ampboyme+m peletahoe neer aspects of the..to odors EEO obligations"Mul fumy days
lactusm nsmracts,wwfren.ppkcable,as.pacified n Atacn- fobwwq ttev teportwg for duty with the mnuactdr.
for APP.
awl
gation. the contractor will-into" every Complainant or all of hit,
c All personnel unto are engaged in direct recruitment for the avenues of appeal
project will be Instructed by the EEO Officer In the contractors
procedures for locating and hiring minority group employees. 6. Training and Promotion:
d. Notices and posters setting forth the Contractors EEO a. The Contractor will assist in locating. qualifying, anti
Policy will be placed in areas readily accessible to employees. increasing Ine skills of minority group and women employees. and
applicants for employment and potential employees. applicants for employment.
e. The contractors EEO policy and the procedures to b. Consistent with the Contractors work force reginrehmme
implement such policy will be brought to the attentton of employees and as permissible under Federal and State regulations. the
by means of meetings•employee handbooks.or other appropriate contractor shall make full use of training programs, i.e:.. appren
means, toesnlp,and on-the-job training programs for the geographaral are:.
of contract performance. Where feasible.25 percent of apprentices
4. Recruitment: When advertising for employees,the contractor or trainees in each Occupation shall be in them first year of Sopron
Will include in all advertisements for employees the notation: 'An ticeship or teaiii In the event a special provision for Veining c:
Equal Opportunity Employer.' All such advertisements will be placed provided under thus contract.this subparagraph will be Superseded
M pubkations having a large cirtlaation among minority groups in as ndaCated in the special plan sign.
tee area IIFM which the project work force would normally be
derived. C. The contractor will some employees and applicants to,
employment of available trammg programs and entrance require.
a. The contractor will,unless precluded by a valid bargaining mems tar each.
apreentertt•IMMUCL systBffV=anddiseCS reeruitneM through public
and peas,I Vloyae reldri ahadees likely to yield guanfred MMM d. The coeaactar will perotliaey, neview the tramming and
group appatcams. To meet this include III, the Corltr =r will prongoorl potential of mvSasry group and women employees and will
KM oty aounoes of Potential"nosy 910UP a 1ploYees.and astaeMh encourage elgable ertwbyeas to apply for such tranmg and promp
With ■uCi ate di Sources procedures whereby matofey gf"P far,
aptMiass tray be rate to the Cargo CON for employment
consideration. 7. Urnlois: If the conaaCOr rakes n whole or in part upon unids•
as a taus of enge" .the IssraCor will use Minter best eNO -
b. M the event the contractor las a valid bargaining egrets. b aban the mtganuco of aueh unions to W="W opporomioes fo•
intent prow Mg for axmralve"eeU nionals,he s eoaoed to srlalosy groups antl women wade the uhiant,and to effect refarak',
observe the prov"m of that agreement to Ow etdent that the by suchunions of. to rh andlenale employees. Aebm by the,
system penvtlts the, contractors i- . nee with EEO contract .1 . -0 r daemy a through a contradars assoaaaon*tang
Provisions. (Tire DOL has hold sat where k Panerwtion of such as agent will anckfde the prooaduras aft forth below:
agreements have Uro effect of dachmaaaq against mmoed"or
women,or obbpaws Be contractor to do the same.such knWWI as n• a. The maacor will Use bed efforts to develop.it coopers•.
raison vioatls Executive Order 11246.as an enoefJ ban wfh bo aces.pall oaaw programs aSned toward gualiyuq
nom nsgeby graup"whoo s antl waren for merretenahn in the
e The oontrapar will encourage his proses atliploy- to awns and nasaseg the skins of"noisy group emppyees enc
feller index ,y group appb=nts for emplaynism. bdanioft Cid woman so that Vary mel gtWfy for higher PeykhD elpayrnent.
goadures win regard to"vie eg fheaway Pop alppfiaros wet be
discussed with erptoyws. It. The iv, h Pv r cal Use but efforts to Inmrponto an EEC,
slasee ffeo each Olson agreement to tee end that Such union will a:
5. Persoraal ACtiws: Mages.waltkap conthims.and Smithey- tiontraci hound o rear applioss wltleut repand to"MIT code.
ee benefits than be aanabbahad end ad"nstei antl persaraN mar.Wgen,say.national origin,age or dwMlty.
amore of"ery typo.nihl I g hint.upgralti peonsolion.b lmwl
demoden,layoff. and temoaEOn.Shall be taken wntout rapid to e This mMacel la to oboe Ydomstion sit to the refornyl
race. Color, eekgon. sm. raliomal origin, age or dsabiny. The peactim and polis of the labor Orion except bat to the extent
following prodedures shall be followed: sari kif s wenn the exeksiva pcsaa+eiett a the abbr Uliolt
a. TMe cii ctor wlU Conduct peraadc Mpe ctios of pmajed and such abor union mhom to fo"ah emh t t mabon td tNt
aiMs to insure the wwakm toe .... and omp4yan facftm do nal mmbabi lee caaaeor shelf so fadny to the SNA and shall at
edicaa dscmmiratcvy tmabne t of profit Sia personnel. bee whet eeau ham been made to abbot SUCt Mamaoon.
Id. The eortoactor will periodically evaaaa the Spread of In. In tae evethe- , is enable to pnbvtle rho Cordmaar
wages gad whhn each dmKaabon to Oakslee any eviderm of wee a namable low of el"Miry and wench Milani win the
dsernvra Cry wep practlau. boo anis sat forth in to maisctive be go We agreement.-the
apmoeiSpr win, gaogh kdpandenI mcnilt ent of its• fill the
C. Tae pontraclor will peeodiaiy Mow Seeded Panorwtl a Vloyn a vacentass without regal to ram.Color.MOM.w:.
actions in data to datamme a off ether ihene a evidisno Of ddwmfn• aaeori oVrl,age ter dsea4Y erelutp flA x001 to mlan Ombf0d
nation. fliffa a aviWna is frond.tee eoferactor will pnanpUy ISM ondlev elsode ble (Tee DOL las
Cal 0 e Sceon. If the avow ntlionM Mat the disCtetlawm rn&Y hetl Mint a S W bnrn e=oe bat the I- With which the mare:
eatand beyond the aetiomaa rewowed, such soul OO'e SCOW SW for bis a oaeectke bergteag agraw previdnp ar exclusive
nestle
all eltected tenons• meanie failed to rear Interplayempbyeu.) n the everd the Unwin
aalamd Raeba Or verde the mraatlor Mom neistinp the obbgatiues
In. The CMM OW wil empty ewutgee nd mfmpana of pumatan lo Etssnswe Oder 11246.as ammnndSd,and these spe all
aisged d sci haw on nude to the mntr =in m m@ct*n with hs pnavoons,such tyaaamx Seen Mneduay notiy Me SWl
ppypetiws soder Mks mnMM will atI to name's Spon mm-
phkeS,end oil take approprois ammemwe SCbon win" a mIur• A. selection of aktameacma,Pneaaenem at W"rltla end
able Mme. M,the ewutipttort kdiaas that the dreannaoon mel tame of EgWPnro 'rho meaactorshelf cot daatlmnase on Me
aflan l pergola ether than the aamPfaifeel each mrfea'e gCbm Poach of rim pater,mbpM am radjobel dmgaL age or dsSbety
alai nerds Sled)other poraChIli Upon CNN B m of each a e'"i in the selaaola and tatandom of aubmfaaeoa.nCJadlag pmooli
mem or materials and leases of eotnpment
a The cantra iw snail notify all potential suocontramors anc
suppliers of timer EEO obligations under this contract
b. Disadvantaged business enterprises(DBE). as defined in
4g CFR 21 shall have equal Opportunity to compete for and perform
subcontracts which the Contractor enters Into pursuant to this
Contract The contractor will use n6 best efforts to solicit bids from
and to utitme DBE subcontractors or subcontractors with meaningful
minority,group and female representation among their employees.
Contractors shall obtain flats of DOE construction firms from SHA
personnel.
c. The contractor will use his best efforts to ensure sudden-
tractor compliance with their EEO obligations.
S. Ratbortls and Reports: The Conlrabtor shall keep such
records as necessary to dootment compliance with the EEO
requirements. such records shall be retained or a penod of Mlle
years toliowmg completion of the contract work and shall be tsxaitable
at reasonable limas and places for mapacon by autnormed repre-
sentatives of the SHA and the FHWA_
a. The records kept by the Contractor shall document the
following:
I
(1) The number of minorhy and nonrmnomy group
rnemmers and women wM"ed n each work CUMifc m TI on the
pn)m=
J'C2) The progress and efforts being made in tsopembOn
with unions,when appkoble.to increase ampbyreml OppORunnei
or mincrihes.and women:
1(3) The progress and efforts beag rude in ocattng.
Wiring, training. quaahng. and upgrading tnm ]tY and *=ie
employees:and
(41} The progress ink4 etlotls being made len sectrtng bre
services of DBE subcontractors or ubc m w ms with mean mgtul
mmonty,and ferule repnesamstion among true empbyeu.
b. The contractors will submit an amutal report to the SMA
each July or the duration of the, protect. emdmutmr g tie reeeber or
m nonty, women. and non+mmomy group ampoyees ammdly
engaged n eactl work CIAZZ1hObon IlIl by the termact work
This mfor I Lion a to be reponed on Form FKWA-1391. N on•thr
�J Pops
lob training Is being MQUITed by Special provision,the contractor WHI Quarterly)under plans-fundsof programs which Cover the panlCCda'
be reQWfed to collect and radon training pata weekly period. are Deemed to be Conspucbvely made or mcarec
III. NONSEGREGATED FACILITIES during such weekly period Such laborers and mechanics shall be
paid the appropriate wage rote and fringe benefits on the wage
determination for the classification of work actually performed.
(Applicable to all Federal-aid construction contracts and to all without regard to skill, except as provided lin paragraphs 4 and 5 of
related suocontracts of 510,000 or more.) this Section Iv.
a. By submission of this bid. the execution of this contract or b. Laborers or mechan= performing work in more than one
subcomrect.or the mnsummatlon of this material supply agreement classification may be compensated at the rate specified for each
of purchase order,as appropriate.the bidder.Federal-aid constluc• C sssttcatron for life time,actually worked therein, provided.that the
Iron Oantracldr.subcontractor,material supplier.or vendor,as appro- employers payroll records accurately set toll the time spent in each
prate, certifies that the firm does not maintain or provide for its Wssification in which work is performed.
employers any segregated fatalities at any of as establishments.antl
that Vie firm does not permh as employees to perform their services c All rulings and interpretations of the Davrs•Bacon An antl
at any location, under as control. where segregated facilities arc related acts contained In 29 CFR 1,3,and 5 are herein mcorporaleo
maintained. The firm agrees that a breach of this oertificatron a a by reference in ttus contract.
violation of the EEO provisions of this contract. The firm fuller
eeraes nun no employee"be deraed access to adequate facilities 2. Cl pffication:
on the bards of sex or disability.
a. The SMA contracting officer shall requite mal:any class W
b. As used in tum mrdficapoIt,the term'segregated facilities' labours or mechanic employed under the ramwct. which a hot
means any waiting rooms,work areas, restndom.and washrooms, killed in the wage determine n.shall be rlaasifed in cnnfarmance
restaurerds and other acting areas, tnhectocks.locker roans.and with the wage detemmetron.
other storage or oresang areas, pang los• drinking fountains.
recreation or ertionatrment algal, transpoM=n, and housing b. The hsntaiC21%Officer shall approve an additional cJaasif.
farikb" prevdad for employees which are sagragtsd by exobw akin.wage rate and hope benefits only when the f showalg rlutera
dractne, or are, in fact, segregated on the Was of race, color, hove been met
religion, national ongam, age or disabYny. because of Mbit tool
Custom. or one woe. The only exoe, .. will be or the disabled (1) the wok to be performed by the additional Camtfs
when the Co l ortls for stseaabYdy,override 4e.9.disabled parking). aton requested is not performed by a Cassffiatloh In the wage
c. The contractor ogrep that i has obtained or will caroam
identical oerthatan from ppPoaed suoeorWaCos or mosnal (2) the eddboeI ctassiffiatfon is dtlaed in the rw by Ine
suppkms dna to award a ilAaMacts or arYumnobal of rroehal OaMtuctson misty;
supply,agreements of 570,000 of more all that i will reran sueri
bertI f be=in its tilos. (3) the proposed wage rate.ahtdudkhif arty bona fide hinge
OmlgA .bpm a noasaobie reomeshm to the wage rhos mrtaned
N. PAYMENT OF PREDETERMINED MINIMUM WAGE n the wage dotomwm ton;and
(Appbcsble to all Federe6"ooetn ,tion arWatis examdehp (4) With respect to touters, when such ■ 'Namihcabm
52.000 antl to all netrW subcontracts.stospt for prolecs broad on prevails in the area in which the work is penfeirsod.
roadways classified as local roads Of rural msof Ooaaetprs,Which
are g»mM.) c V the ddtpractor of WACMtraCttn, as aptaoprial rte
lebahere and fmalsanu0(t knowrh)to be employed in the oddpiohal
1. Gommal: eaopVnabon or thaw nepresarppvp. and the —libSCatg officer
MwM on Cha cpsl6aoon and wage net (K=kKiNgl the ambunl
a. Ad meci fact and landhets employed or colds upon the oesipnmad III forge to to where SMOPrste). a report of the
ade of the work will be paid arcardtiohaNy and not Ips often ton action taken Shall be sem by the ddnhtratlarg officer to the DOL
once a week and enc hoot subaagtem da . .. Or rebtle on any Aphieve aOor of the Wage and Flour Dri sil Firm"rat Stardar"s
aunt Hsxoept such fal ll deductions es rte pemlaletl by AOnwosV oon. Washnpmn. D.C. 20210. The Wage and Midr
reputation(29 CFR 3)tested by the Saaetertr Of labor radar to Admkhsmm.or on suadn¢etl representable,will approve.meody.
Cdpaantl/u1(40 US.C.27ec))the full amoures Of wspes snit las ordsmap r, every addreel Cpsffiaton action wtnin 30 rays of
foe frail benefits (or ash equiraents tunOf) die at oto Of facet andso advise the rn lib *ug officer or wa simply to
payment. The payment ahae be computed at wage chap not Mas tyslp officer withe the 304my pasod that Ill oaoI armi is
than it contacted in the wage deft membm Of the Sgaasry Of sraspry.
Labor(hanhru0 r'Vw wage dew"rwohm0 wheh n sttavhed Ihsiero
and mode a part he NO!,Mg&rdless of airy antaasl reatdsshhg d. M to«rem the I' If or stbantrarsbvs, as spcvo-
vdad may be s legal to east between the contractor or is subcow proft,the robons rs or nwcronhes to be er plopd in to additional
treads and such abaas and nnheehashia. The wage dawmwwbm ctedfhatiorh or moa neaeSerdstivp,all the corr WV Offimf do
(Including any addboel epSKhaoorn and wage imp cardoffned not agues On the ficaPpeml dustxxbon all wage rale final ding ON
under paragraph 2 010p;S@CbOn N and the DOL poMf(WH-1321) gradient designated for fringe benaks, whom fall ri hat I), the
a Foran FfiWIA-1495)shall be paid at at anew by tiro contractor rsreraeinq eKiar ahatl hglar the gnpoors,ingodaq tie vwva Well
and los sur COfltradim at the lie of the work in a Pa Mront and ihtenSetl Parbp rid the newmessda0on atom cones long of ser.
adassbW place whore scan be toady pan by 00 vvorkgs. For the to to We" and Now AWmnstator for dgommabm Said
purpose of On Bedpan, mrddbWons made or data resSmaiN Adroglatrator.or an autnorcod mPmanatne,w1111 sus a tlaalm�
and I . I for tors We fringe benefds order Seaton 1(bx2)of the nh .L will 30 days Of reaagt and so advise the PAfarealflg affair
Dipirw sans Act 440 US.C.276x)on Wetl Of"boners or meaan- or wiU nota)' the armasmhg officer aft hn the 30-day period net
to are cons dated Magas Pod to Sial MOM or rheWha, add4prhal ams s neapary
aradjsa ad 13e prcvuioe Of Social N.paragraph 3b.troreot. Also.
for Use purposes of on S clear.fepWar em0 buaohs mhSd' or ala e. The wage same(M ldkq tinge beaks whent applOpdide)
all nretl tx char ton a weakly psstd, (but not Ips Man ton diVA prasuant to iparegrapn 2c or 2d of tin Sewn N sell be
Pisan14C
pad 10 all Workers performing work in the aotlhional ❑asslfieatlpm Training or a State apprenticeship aoency recognize: b) the
from Ne first bay on Which wOrk its perlormec in the classification Bureauwithdraws approval or an apprentlCeshi
P program. the
Contractor or subcontra-tor will no longer be permitted to uDi¢e
]. Payment o1 Fringe Benefits: apprentices a: less than the Applicable predetermined rate for the
a. Whenever the minimum wage rate prescribed in the 20ble program is appro etl.e0 by regular employees until an aCC1pl-
cOntract for a Gass of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the Contractor or b. Trainees:
auDdontractors,as aOprophate,shall either pay the benefit as stated
in the wage determination or shall pay another Dona fide fringe (1) Except as provided in 29 CFR 5.16,trainees will not be
benefit or an hourly case equivalent thereof. Perrfined to work at less than the Predetermined rate for the work
ndividually
b. It the COMMOOr or subcontractor, as appropriate.does not rePerformed, unless they are Chas fac tl pursuant to and ,Ovelenclao
reg Program which has re L, E ploy approval,evdenoeg
make payments to a trustee or other intro person, he/she may by formal OerifiCaDOn by the DOL, Employment and Training
consider as a Pan of the wages of any laborer or mechanic the Admmiatratron.
amount Of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program,provided.that the Secreta? R) The ratio of trainees to foumeyman.leel employees on
Of Labor has tountl,upon the carmen request Of the tomrattpr,that Ne )ob site shall not be greater than penMted under the plan
the apPlit9bie standards of the Davis-Baton Act ham been fneL approved by the Employment and Training Administration. Any
The Secretary of Labor may require the contractor to set aside in a employee kited on the payroll at a trainee rate who a not registered
separate aaaunt assets for the meeting of obligations under the pan antl parmcatmg In a planning plan apPloved by the Employment and
or program. Training Administration shall be pad not less than the applicable
wage rate on the"pe determination for the classification of work
4. APPrenticas and Trainees(Programs of the U.S.DOL)and Actually performed. In Addition,any tramere performing work on the
Holders: fob site in excess of the ratio Pei in u the
negslered program
shall be paid not less than the applcaDle wage rate on the wage
a. Apprentices. deternmaDon tar the work actually performed.
(1) Apple s will be pemitdetl to work at less than the (3) Every trance must be pad at not less than the rate
Predetemumtd rate for the work they performed when they are specified n the approved program tar his/her level of progress.
employed pursuant to and ndmidualy registered in a bona fide exPmuetl as a Percentage of the (oumeymanMeel hourly rate
apprenticeship Program fOgatered with the DOL Empbynerit and specified at the applicable wage detemmnation. Tra eyes shall be
Trammg Adnimisuabon. Bureau of Apprenticeship and Transq,or Pad fringe benefes In Accordance,with the provisions of the Dance
with a Sete IMPmnb=hip agency neuxgn¢ad by the Buruu.or d Program, If the trainee program does not mention fringe benefits.
a Person is empbYnd in hwher fust 90 days of probaborwry paces shad be pad the full amount of fringe bene lds kited an rhe
employment as an apprentbe n such an appentkbslun program. wage ODWMM ion unless the Admmistra or of the Wage and Hour
who ns not nclmduaay regatered m the Program.but who has been Divaion rlelmmmas that theft a an apprertkoeship Program
ce It by the Bureau Of Apprenticeship and Treating or a State aataaaed with Oro corresponding IorrmeYrn+naeval wage rale on
■P"nticashrp agency(where apprOPnate)to be ekgmle for peba. the
Donal emPlgvnent as an apprentice. Wage rleemuraOon n which
proirdes for less than full fringe
denefts for apprentices,in einem past such trances shall heceive
the same hinge beetles as apprentices.
R) The albaable retro or apprentices;to is at
employees on the fob see in any crap ciaasifuatnn shall not be (a) In the event the Employment and Training Admanis-
greater than the asap pertigted to the—121 odr as to tie Nkat wok OabDri wiNuaws approval of a training Program.the contractor or
toren under the regsleretl program. Any employee Wad on a peyrog simlbnVz=will no bnger be pemu tsd to Malde trainees at less
at an aPPremuce wage nae. who is not mgm*md or O m,,,e Van the SPPkcable pratlelemuinad rale for the work performed until
employed as stated 800M.shag as Paid not ins than the applicable an acceptable program a approved.
wage rate listed m the wage rlatemreatbn for the Waalfiuoon of
woo k actuallyperfcmted. In addition,any appnaauoe pai to nwug work a I icon
on the fob site in excess of the ratio pemeteW urger the nagatared
program shag be pad hit less than the applicable wage asks On the Heber Wel be pemvded towale on s prolectd tie helper
wage determination for the wink actually perlmmsd. yaw. a classification a apaditad and defined on the applicable wage
=to cair m summmractor a pedoi in mrotrudimu on a ProI V n Oaemrakon a a appovetl paean to the condin arbe procedure
a locally other Own Vat in which as program a regaide rd.the rates set faith Al Section N2. Any worker laced on a payroll at a helper
and wage rates(expressed n percentages of the jameymenyval wept rate.who a not a helper under a
hart'rate)specified n the comraaors a subcontractor's _ not_ approved defri on the age shall de
program shag Ire observed. ninon�ctasedruppnthan the �of work suwwage �peitomed. detemd-
(3) Every apprentice must be Pad at not less than Ore rine 5. APPnenuw and Trainees(Programs at the U.S.DOT):
specifieC in the negstered program for the appeantks's level Of
Progress.expressed as a percentage Of the pureymnWvel hourly APPeriboss and trainees workkg oder AppreMceship and skill
rate specified in the applicable wage determination. Apprenbcas tracing Programs --met hat been mnftd by the Secretary of
shelf be paid flange benefits n atsoroance with the provisions of the TmnePO=Wn as WwnOUW EEO in connettxm with Federal-ed
appnembonhm program If the apprenticeship program does not lig M Y rnhatrucbon PmgMfft are not subpet to the requirements
specify hinge benefits,apprentices must be pad the full amount of of Paragraph 4 of this Section rV. The atraight time hourly wage
hinge bene fds listed on the wage delennuution for the appkcatse rates for appnemicas and Vaime under such programs will be
clasaNiulon. In the Admm=Vator for the Wage and Ebur Denson estabW*d by the Particular programs. The ratio of apprentices and
does as that a difMnnt practice prevails for the applicable trainees to pumayrnan shall not be greener than Pemkbetl by the
a;; "cindh. - Ifagas slag be pad in accordance with that Isrrra of the parti uior progrnn
daterneldort.
6. Withholding:
(4) N the event the Bureau of App i rutirashb and
/x- _ airs
The SHF shall upon its own action or upon written request 9 Withholding for Unpaid Wages and Liquidated Damages
of an autnomed representative of the DOL witnnolo. or muse to be
warmeld,horn Ine Contractor or subcontractor under this contract a, The SHA shall upon ns own action or upon written request of any
any other Federal contract with the sante pnme Contractor. or any authonzeo rearesenatwe of the DOL withhold, or muse to Or
other Federally-asarSled Contract subject to Davis-Bacon prevailing withheld.mom any monies payable on account of work penonned by
wage requirements which is held by the Same Crime Contractor, as the contractor or subcontractor under any such contract or any other
much of the accrued payments or advances as may be consideree Federal contract with the same prime contractor, or any other
necessary to pay laborers and mechanics. including apprentices. Federol"ssrsted contract subject to the Contract Work Hours and
trainees, and helpers, employed by the contractor or any subcon- Safety Standards Act.which is held by the same prime contractor,
tractor the full amount of wages required by the Contract. In the such sums as may be determined to be necessary to satisfy any
event of failure to pay any laborer or meehanhc. ncluding any pabileres of such contractor or subcontractor for unpaid wages and
apparsoe,tnu ee,or helper,employed or working an the site of the hquidated damages as provided in the clause set forth in paragraph
work, all or pan of the wages required by the contract, the SHA t above.
Contracting officer may, after written floods to the contractor, fake
such action as may be necessary to muse the suspension of any V. STATEMENTS AND PAYROLLS
further Payment,advance,or guarantee of funds until such vwMtwm
have ceased. (Appl osble to all Feeleral-sid construction Contracts exceeding
52.000 and to all related subcontracts.sxoept for protects located on
7. OvortyM Reyuiyemernfa: roatlwrys classified as local roads or rural collectors, whtdh am
emmpL)
Nodend cw dr suhcomraemr Contradeng for arty pan cf the
contract work whdh may require or ivvohte the am ltoymenl of 1. Compliance with Copeland Regulations(29 CRR 3):
laborers.mechanics.waticip on. or giants fmctutletg apprentices.
lrtaees,an!helpers dim— , in paragraphs 4 and 5 above)stall The rsndalaorshan Comply with the Copeland Regulmmns of rat
requae or plmmt any taborer,mechatr ic,watchmen.or guard in any Secretary,of Labor witch are heroin ncofporated by reference.
workweek in whdh hershe is employed on such work to work in
exons of 40 hours in such wrorkwas unless atxah labdrar.rr-0r c. 2. Payroll and Payroll Records:
watchman. or guard redanes coripensuition at a rate not Ales than
on*4mdan.tatt IInrref hsil r basic rate of Pay for all nous washed a. Payrolls and hasrc records hating fhereph shall W
in excess of 40 erns in such workweek. "Weaseled by the contractor and each suotantraclor during the
cerise of the wink and preserved for a period of 3 years from the
t. Viotation: am of cut able len of the contact for all taborer, mac a ucs,
a9PrantioK,tractus$,watc ivrlen,helper,and glares weekng at the
I for unpaid Wages:Li oadated Damages: in the event tie of the wok.
of any violation of ill Cause set forth at paragraph 7 above. the
1 -1,r antl any subcontractor responsible thereof shad be table b. The Pay rce records ahem bosun the Paine,Small warm'
to the affacaKl 0 Itapyse for laaiher unpaid wags- M adddia4 Sam hatember, and address of earn such employee: he or Iver correct
mntrasor and subcontractor shad be lees to the United Stale(n dasWiotion:hourly ass of wages Wird(ahtludOV races M contreu•
to case of work Gore ruder contactfor the Dauet of Cotanbs a bens at cal sated for bona fide fringe benefits or rash
■ eiremny.no such District or to such termory)for left fad dsnr equivalent thead the tyres descilmd In SCOWn 1(b)G')(B)of low:
apes. Such.Iquadaled demon shad be rxrtmraa'With respect to Davy Bacon Act): daily aro weekly number or hours worked:
earn ndividual taborer.moctmf*,watdennn.or gused eerobyetl n deduction made:aid actual wages paid. In eadsiorh,,for AppW-
vahltation of the Cause set form in paragraph 7.in the atm of oto for chain rsaandx.ihe pay tal records sled coaaah a notation'
each calendar city an whirr each eI silly a oras fmquwW Of wehetleft a arrMy a apes.or dos$not,normally ride in the tabor
permanent to work in excess of the mtdeto work week of 40 tela Pass as darn in Attuyur imt A, Paragrapn 1. Wmnn r the
without payment of the ovenaro wages Mquastl M the Clause sit Secrsfary of Labor.bummed to Section IV,paragraph 3b.has found
forth n paragraph 7. said so wagas of any libear ore petubso Include the smouit of any
coats reasonably anticipated in providing bene bta oder■plan or
protean described in Section 1(b)(2)(B)of the Davis Bacon ACL the
mCaCtor and each Subc n ti shad nbaausah Iecords'Mhn aline
Yea the mMnbrend fo phavise strrn barhefta s erdorceai>M,tut me
plan or programs fmncsty Mapasicle,that to Platt or Pregnant
hit been rsrreraaaI in in as to the tabards or resrnarlies
sseoed,and show the cost , orthe actual C=t frnomed m
prsadIng barhth . Coreractor of subcontractenhployg
appem)cas or tahees oder ttp{hf' pogarrs shad marten
wdsan evbo m of thenegoMm of sppahtoss and trains.and
atm ad wage roses prescribed in tw applicable Programs.
C. Each mrbamor and subconbsctofS W tLmish,each weak
in Is no any contact work is Performed. to ON SI4A resident
sngneer a pay 00 of wages pad eacth et its eI IPIOYeeIs(ndudag
rjrpplentoa,iraYlen,and helpers. tla¢ria" in Section N,par
graces 4 Unit S.ell waOlaMn rad guards ergapsd do work during
g
In ptslatlang weekly Ii I L 1). The Peyton submlttaa shad set
out amflaley,and go tPtatey an of the 1 ft Ilton MquInW to IN
nfine lead unser paragraph 2b Of this Section V. The'Initonrneban
may be stbndtad in any form ahead. Options[Fame V44347 IS
are edeg for on purpose and may be Purchno Yom the Surpern-
Inntl, atDocUmni(Fhpaaladac eadellr029.005.00/4.1),U.S.
Oovermnanl F.do Office,Washhgmn.D.C.20102. The pane
.mom is asPasble forte submission of Copies of IIIecta by
reset ��
all subcontractors 2 At the prime COMMICID!s option either a single moor.Covenny
all contract work or separate reports for the contractor and-fe•eacn
of Each payroll suommed shall be accompanied by a'State• subcontract snail be submitted.
ment of Compliance.'signed by the contractor or subcontractor or
histner agent who pays or supervises the payment of the persons VII. SUBLETTING OR ASSIGNING THE CONTRACT
employed antler the contract and shall cemrfy,lne following
1. The contractor shall perorrn with its own organization Contract
(1) that the payroll for the payroll period Contains the work amounting to not less than 3D percent for a greater percentage
information required to be maintained unoer paragraph 2b of this if specified elsewhere in the contract)of the total original contract
Section V and that Such information is correct and complete: price. excluding any specialty nems designated by the State.
Specialty nems may be perfon. by subcontract and the amount of
(2)mat such laborer or mechanic(including each helper, any such specialty nems perfohned may be deducted from the total
aPOMMice,and Iramee)employed on the contract during the payroll Original contract price before Computing the amount of work required
period has been paid the full weekly wages lamed.without Monte. to be performed by the contractors own organization(23 CFR 635).
either directly or indirectly.and that no deductions have been made
either directly or indirectly from the full wages earned, other than a. 'Its own organization'shall be cormirm l to include only
Pehnssible deductions as set forth in the Regulations.29 CFR 3: workers employed and pard directly by the pnnre contractor and
equipment Owned or reined by the prime contractor,win or without
(3)that each laborer or mechanic has been paid not leas operators. Such term does not mciuoe employees or equipment of
that the applicable wage fate and fringe benefits or cash equivalent a subcontractor,assignee,or agent of the prime contractor.
for the claurtcation of worked performed, as specified in the
applicable wage Determination incorporated into the contract. b. 'Specially nems'shall be construed to be limited to work
Pilot requires highly specialized knowledge,abilities,or equtpment mol
e. The weekly sitbmoaion at a property executed certification ondi ahiy available in the type of contracting organizations qualfhed
set form on the reverse side of Optional Folin WK-347 shall satisfy aro expected to bid on the contract as a whole and in general are to
the requirement for submission of the "Statement of Complanoe' be tinned to minor components of the Overall contract
required by paragraph 2d of this Section V.
2. The contract amount upon which the requirements set toms in
i. TIN! falsification of any of the above a ,Iiftobons may paragraph 1 of Sedan VII a computed mctuues the cost of moneral
S bleCt the COM! cldr to crud or mal prosecution oder 16 U.S.C. and icon acured products which are to be purchased or produced
1001 and 31 U.S.C.231. by the contractor under the eomraG provisions.
C. The contractor or subcontractor shall make the records 3. The commodsw snail fu rash(a)a compeant superintendent or
mounted under paragraph 2b of this Section V ar"iabie for nspec• supervisor who is employed by the firm, has full authority to drect
awn, copying, or transcription by aunormed cepmentatives of the pe got,, nde of the weak in accordance with the contract reau
5110.the Ft INk ort the DOL and shall permit such reprasentabvas mems,ads an Charge of all construction operations(regardless of
to intenvew ampbyeas during woiks hours on the Fb. tfthe who Pe go I the Werk)and(b)such other of Its own orpanizalwnal
contractor Or subcontractor lads to submit the mgiva, records Or to faaoureas(swervaion,management.and argmeemg services)az
make them available.the SHO,the FHWA.the DOL or as may,after the SHA contratYsg ofhmr daterrrwrss a necessary to assure the
written notice to the=1 b Croy,sponsor,appkra lL or owner, take did fol I nce of the.contract
Such actions as may be necessary to cause the suspension of any
further payment advance, or guarantee of funds. Furtnermae, A. Nap, - et the mmrec ahe l be subieL asaorwd a otmiwae
faxims to submit the requaad records upon request Or to make such disposed of except with the written corse n of the SHA Mit CUM
retards available may be grounds for department atdon pursuant to If r,or auttrOrCld rapmosemative,and such consent when given
29 CFR 5.12. SW not be construed to reW a the contractor of any resporsibilky
forthe fidbtlrnent of the contract Wri en coraeni will be given only
VI. RECORD OF MATERIALS.SUPPLIES,AND LABOR attar the SFV+has asumM that each suboW=ct a evidenced in
was and Oat it comms ad Pertinent prmvaors and requimmams
1. On all FeutrsLakl contracts on the National Highway System, of the pram
except inose which provide saley for the o stasabon of proteCtrve
oevices at maroad grade crani gs,those which are comtiuctW on VILL SAFETY:ACCIDENT PREVENTION
a force account or daec labor balm, higfe any buutlfKMW con-
tm=, and ambacs for which the roil fel corotruc to cost fw 1. in the Pat list me of this icamp ctthe come cbr sing corrpy
roadway and bridge is leas Van SI.WD.000 = CFR 635) the with all applicable Federal.State,and local laws govammg am".
comradmr shall: heudi antl"into (23 CFR 635). The mntractnr snail provide all
safeguards,safety Cervices and pmtacim*auto Wnt Ertl take any
a. Became familiar with the lest of spedkC materia" and ether needed actions as It datarmknes,at as the SHA contacting
supplies contained m Form FHW"7,Statement of Materals ME! odder may desrmam,to be raaso aby r ecossary to Prgtaa the lilt
Labor used by CWM=W of Highway Cgmbuctdn awpNng Federal last health of employees on the job and the scary of the public and
Fads'poor to the Commendement of work under the contract to protect pnoperry n CO WCbon with the pamprtmmce of the work
covaied by the CDMMCL
b. Maintain a recon of the total cost of all rns nob and
Supplies purchased for and nCwpaated in the work and also of the 2 films rsrditon of this contract and shall be rtade a conrdibon
quantities of IMM sWcihc MgWnals and SUPPlias salatl on Foran of each subcontmM which the contractor auras stip pursuant to this
FHW"7,and in the units shown on Fpm FKWA-47. contract,that the co no clor antl any subcontractor slag not pemoit
"- talkie.in pemerrranoe of the comtraa,to work in surround-
" Fumi upon the mmpabon of the contracit.to the SHA Wqs or under cordido s which are unsanitary, hazardous or
fasi dent efgnaer on Foran FHWA,47 together with the dao feqund dangerous to halter Mash or sally,as detstirhned cinder corsblr-
rh paragraph 1b native to =W has antl suppon. a final labor Yon safety and Malin standards(29 CFR ISM)promulgated by the
summary of all contract Work ndicating the rota)hours worked and Work
ofhoursil Labor.
or.sh sty mUumo with Act(Se Ucin 1 7 of On Contras
Ce tpal amount awned.
3 Pursuant to 29 CFR 1926.3.It its a eononion of this contras that is not listed on the Case of contract award. on the U.S Environ.
the Secretary of Labor or authorized representative thereof, snall mental Protection Agency(EPA) Lis:of Violating Facilities pursuar.:
have right of entry to any site of contrast Performance to inspect or to 40 CFR 15.20.
Investigate the matter Of Compliance wan the construction safety and
health standards and to carry out the CUhes of the Secretary under 2. That the firm agrees to comply and remain in compliance with all
Section 107 of the Contract Work Hours and Safety Standards As the requirements of Section 114 of the Clean Air An and Seaton 309
(40 U.S.C.333). of the Federal Water Pollution Control Act and all regulations and
guidelines listed thereunder.
IX FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
3. That the firth shall promptly notify the SHA of the feral of any
In order to assure high quality and durable construction in communication from the Director.Office of Federal Activities. EPA..
00 to try With approved puns and specifications and a high degree indicating that a facility that a or will be utilized for the contract is
of Miabb"on statements and representations made by engineers. under consderatdn to be toted on the EPA List of Violating Facil-
OanirsCJam.suppliers.and worsers on Federal-ad highway projects. ties.
it is essential that all persons concerned with the project perforin
their funUdns as onlully,thoroughly. and honesty as possible. A. That the fine agrees to include or cause to be tncludecs the
Willful falsification, dstonion, or rmsrepresentation with respect to requirements of paragraph 1 through 4 of this Section X in every
any facts related to the project is a violation of Federal law. To nonexempt subcontract,and further agrees to take such action as
Prevent any misunderstanding regarding the s nnousness of these the government truly direct as a means of enforcing such require-
and :umbar acts, the following nonz shall be posed on each meals.
Federalad highway protea (23 CFR 675) in one or more places
whero it its readily evadable to ori persons.=If ed with the project: XLCERTIFICATION REGARDING DEBARMENT,SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AM
HIGHWAY PROJECTS 1. hash ctiom for Certification-Primary Covered Trarwc-
Bous:
1a U.S.C. 1020 nails its toeoes:
(Applicable to all Fedencad contracts-49 CFR 29)
1MWeer. beep an oflsdar, atilt or am it" a of ale United
States,or of any SWe or Tamtory,or wttdaer,wfeatar a person. a. By signup and asmmrtislg this proposal.the prospeCnrr.
Association, feral, or corpdretdn, knowingly males airy false Primary part In is providing the retifiGbon set but below.
statement laim npreaanfadon, or false report as bore fllarac er,
quietly, guartlgy, or OOu of crit MOMMl used or to be used.or lite b. The stability of a person to provide the C@IW=!on set out
quantify or gMul"of ase work performed area he Pffifa ed,or aro below will not maeaaarity esuh in dertisl of parol tion in that
mat aslrraoP n usnwreion swah ate Sub"ls of plans. maps. covered transaction. The prospective Its mbOPa t shag submit an
1def15Geon3,mltrYQi,or costs of consbseaon on any highway or a MiNfLo W of why it carrot to OVde the Grbf=tM set out bet
eisisd protect submeard for epprovel b as Seoeey cf Transponif. The c Niuion or etpsndion will be considarsd in munectal will'
fon;or ase depard on or agencys eeertrwamn wtrather to enter kto that
trmaeLon. Flowewar,fatlure of the prospective,Primary Pariepant
Whatever arow+ra,)ly mases any hoe afartv1M false represen- to furnish a certification or an exWration stall And- fifty audit It
MOM. lalse report or latae CiW" wfal Mu=st ea ON ChW=br, person from patidpation in this aamaCton.
musill a uvesafy,or cost of rry warm ltarforrlaid orad W perhrmed.
or r ummiots haradonsid or to be hrnmtwd 1n connection seen as r: The tsmtl6Gtion in tis clause is a material Mpnaaroatiol
uonabuc iom of any taplrway or Mptad X if I I "ProvAd by on of fact wit' wtsnh rowm was oladed when the doW.0 Of Of
Saoetarym'TMosprhbdn;or agency Oatar is to enter kto en tMmactors. if it s Wit
daemwmd bat the presWcowe prsoary participant knWAW Y
Whoever krxmvwVOy makes any fain atM m t or fuse MPwe- ermined an rtonaas certification, in addition to other lerr-- a
aeraaaon aato material pct in rrY StOw ml, cutWx Ne. or rel awaaabis to ase Feoeral GnwenarenL the deQaNnemt or agency may
stmmined Fwrsuanr to prowmvm of as Fedwai4W Fonds Act lenrrms #n bamacMn tr Guae of eeputL
apWoved Jul 1, 1916, 139 SIOL 355). as amended and s1Qpb-
merged:
Of. The fsrdepaCiwe primary Isrtioipamd smb provil aonrtliaee
swWan nbtibe b the dePatbrerd or agency to when this proposal is
SMP be fired not roe asf 110,000 Or 1 States— clot MOM am tabnised a any tow tie , - P , ww pinery proposal nasal trail
51Mrs ora%r.' tis brttlSGaort was endnears win atmndtlad or•was lmicwne
erroneous by Mason of raamged cumfoO Om.
x IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT a. The arms-oowmed transaction.'*dQbsmId.'"Sums load
Imlpibk,"lower ser oarared tranaamas."yamopant;''person'
(Ap0aGtge to an Frlaalad comtrttoiom mrtracis ad to ore Meed 'prsmry Covens t anearal'praspal'bmpdut-antd'ldksaariy
rWmntrams of S100,00D or more.) ex&mW,'as used in ales chase,have the meanings Bret out in�Ve
Delallbom aid covers"sections Of roes lo n dOp Execuvve
By ssmmsapn of tis bid or the exaamm Of dtls Odrmaa, or Order 12549. You may c:anMct the dep 11 if - or 89"CY 20 whsas
subs aae1. as approomm, the bktaer, Faille al-e d rsmtrnrdidn tit's proposal a ammma0ad for alum=in emamamD a copy o1 these
metramor,or atmmrtadet.as appropriate.eligible droned ea have tepcieaas.
stwdard as tohl twn1: If. The pmo+sprimary nt sofew by su0rtdl'p
1. That troy YCJIty that is or will be Uimsd In ore ptxfom'n Of this this proposal that should the FdPpwd cowed trwpaekon to
tmndadt seeps such mxMCt a exempt under the Clan Air Ail.as eMaMd Nto,a stab rot knonkpy eller into any lower bar coercd
areanoed(42 U&C.'AV It gig.,as V an by Pub.L 91414), tlarmci an with a person wen n dewnea, susprded. dedand
sed mom the Federal Water Pollution Control ACL as f rer led(33 iMigible.r sdnntarfly excluded from pamcpabon ns md
Iten
U.S.C. 125'1 s(}M9., as amended by �l 92-SW). Executive aa+a .. urft +audmmedbyaed@rbtsmorSWW.70Mmrp
Order 1173x.and sapass m In ehpas sotad=thereof(40 CFR 15) ids as tramadtiaL
see a /S
g The prospective primary participant further agrees oy
submming this proposal tnal n will Include the clause tilled'Cend•.
cation Regarding Debarment.Susxnslon.Ineligibility and Voluntary Certification Regarding Debarment.Suspension, Ineligibility
Exclusion-Lower Tier Covered Transaction,' provided by the and Voluntary Exclusion—Primary Covered Transactions
department or agency enterin;Into this covered transaction,without
Modification.In all lower ter covere7 transactions and In all solicits. 1. The prospective pnmary participant certifies td the best of its
tions for lower ter covered transacl:]ns. knowledge and belief.that It and Its principals:
R A Participant in a covered transaction may rely upon a a Are not presently debarred. suspended, proposed for
Certification Of a Prospective Participant in a lower fer covered debarment,declared Ineligible. or voluntarily excluded from Covered
transactron that its trot deluded.suspended. Ineligible, or voluntanly transaction$by any Federal department or agency;
excluded from the Covered transaction, unless it knows that the
cefpfiafwn is erroneous. A Participant may Goode the method and b. Move not within a }year period preceding this proposal
frequency by which it determines the eligibility of qs pnncipals. Each been convicted of or had a cavil judgement rendered against them for
Participant may, but is not reouired to, check the nonprocuremenl commlsaron of fraud or a emmrnal offense In connection with
Portion of the"Lists Of Parties Exrjuoed From Federal Procurement obtadldg,ante 015 g to obtain,or pertorm ng a public(Federal.State
or Nonprocurement Programs' (Nonproegrement List) which is drbag transaction Or Contract under a public transaction;violation
Compiled by the General Services Administration. of Federal or State amfib ust statues or commission of embeaie-
monL theft. forgery, bribery, falsificabon or destruction of records.
I. Nothing Contained in the foregoing Shall be construed to making false statements,or rearing stolen property;
requxe establishment of a system of retaros In order to fender at
good farm the Certifiation required by ties cause. The knowledge C. Are not presently indicted for or otherwise ermhirhally or
antl information of parboopard is not required to ezoeeO that which Is aviy charged by a govemnemal
normally by ry, eCtixy(Federal,State a qday with
y Potseafad a Prudent person n the prow course of commission of any Ot the offenses enumerated m paragraph lb of
bmrwm deanhgs. ma Certification:and
j. Except for transactions authdroted under paragraph f of d. Move not within a }year period preceding this appua-
tese kntrurbCahs.it a partcufsam In a coverts trensad .^.knowim.y, bsi—pi—wovial had one or more public tr insaamns(Federal.State or
enters caro a lower ber Covered tranuaion won a person who is local)tedtenoted for cause or default
suspended. debarred, nelgbie. or vokintany exartlird from
Participation lei this ireraactron, n atfdoiI n to over remedies 2. VMere me Prospective Canary participant is unable to carroty,
available fe the Federal GovedxrenL the dean It all of aperriy may to any of the Statements in this Certifiation. such prospeawe
terminate on bansmewn for cause or detadlL Pamapant$hall■t tc h an explanation to this proposal.
2. hnsibis:tions for Cordficabon - Lbwar Ther Covered
Transactions:
(Applicable to ah uibmntraas,purauste orders antl Other ower
Yet aamaaons of S25A00 or more-49 CFR 29)
a. By ahglllllg Intl submitting thin Proposal. the prospective
Inver ter s Proi ding the Certification set Cwt below.
It. The dertlfiadOn at thin Clause s a rrfateml representation
Of fact upon wtkdh rNarroe was placed what r"trunsaanon was
enrred
sod. ff it is later data mod that the prospectors lower per
parti�a .knowingly tendered an erroneous cenihapon,in addition
to odwr la odes available to the Federal Government.the depart-
manL or agency with lands Inn thinsaawn o igeuai may pursue
11vsk0ble rerredes,ahCdiidaop tusjteceiah atdlOr tl0berttenL
c. The prospamve bwer ter partidpant shag provide lrilrw o-
re wddmn frotaa to the person to whldf Inn pndpdsal 6 submitted d
at any tlme the prospective lower per participant warns that ills
oaMiapon was imansous by reason of charged Czramtstaneen.
III. The fame lto.ow, bansadion"debarred.,''suspended'
'kekgoke' 'PMUry Covered transaction.' 'particto M' 'Person:
brkhdpal."proposal:and 'vokertonly eztlgtled' as used n this
Clause,have the dealings met but on the Defirllot s and Coverage
21111 u of tulles kCgbrnwhom ExKwbw Order 12549. You may
masa the Pelson b which this proposal a sbmi ted for assntarha
in ootaittihg a copy of them regulabons.
a. The tawpmmve bwer bar pa I , ift agrees by subrtillping
On Proposal that. Slhoud the proposed Covered tamuYion be
enlaced Yea,it shag not knowingly enter Ytld any fewer bar Covered
traroaidlon with a Person who n deWned. suspended. declared
kelpide,or voladadly extlidad from Partdpapwh in this Covered
/ 9 sass
transacnor unless autnomeb by the eeoartmem or agency won agreement
which this transaction originate-
b. If any tunas other than Federal appro mated tunas have
f The prospective lower tier participant further agrees by been paid or will be paid to any person for influencing Of artenipt¢.g
Submitting this proposal trial It will Include this clause tilled"CembU. to influence an officer or employee of any Federal agency.a Member
bon Regarding Debarment. Suspension. Ineligibility and Voluntary of Congressan officer or employee of Congress.or an employee of
Exclusion-Lower Tier Covered Transaction."without modification,In a Member of Congress in connection with this Federal contract.
all hover tier covered transactions and in all solicitations for lower tier grant. loan, or cooperative agreement, the undersigned shall
covered transactionscomplete and submit Standard Fomo-LLL, 'Disclosure Forth to
Report Lobbying'in accordance with its instructions.
q. A Participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier povered 2. This aemfication s a rnalenal represematmn of fad upon Which
transaction that is not debarred,suspended.tnengible,or voluntarily Patience was placed when ms transaction was made or entered into.
excluded from the covered transaction. unless it knows that the Submission of this certification s a prerequisite for making lir
cenificaton is erroneous. A participant may arcade the method ane entering into this transaction imposed by 37 U.S.C. 1352. Argy
frequency by which it deterrnnes the eligibility of as pnnapas. Each person who fails to file the required certification shall be sublact to a
participant may,but is not required to.check the Nonprocurement evil penalty of not less than 510.000 and not more than 5100.000 for
List each such failure.
In. Nothing contained in the foregoing shall be construed to 7. The prospective Participant also agrees by subtnnelg his or her
require establishment of a system of records at order to render in bid or proposal that he or she shall require that the language of this
good faith the canitntlon required by this clause. The knowktlge o•nification be included m all lower ter subcontracts,which exceei
and bxfomwtbon of participant is not requkeci to exceed that which s S/00.000 and that ail such recipients snail certify aro disclose
normnally praaessed by a prudent person on the ordinary coupe of adceNmgly.
business dtukrgs.
i. Except for ttaresactems authorized under paragraph a of
mese rnstructlols,If a Par nxapam an a covered traroaaon knowingny
enters mw a lower tier coveratl transaction with a Pension who is
suspended. debarred. nekgedle, or vohmarily, excluded from
pattUVI0001l In thin transaction, an addition to other Iartrdlots
available to the Federal GovermrnL els depth 0,0.t or agency with
which ins transaction onginated may pursue available remedies.
itctudng suspension andilor pabamreent
CartMution Regarding Debarment.Stspeeeiau,MMiiWblgtY
and Voluntary Exclustond.owler Tier Covered Trenaectiona:
1. The plmpectire lower Bier prrtiapaM par IN by tubn mown
of lits proposal.flat and r k nor its annuls is presently debarred,
suspended. proposed for department.declared nelgible.of tWun"
spry excluded from paribapotern in this trnsad4pt by any,f-adetal
depan hent or agency.
2. WMre the pros peoive baler liar patitepant a ueshs to partly
to any of she statmrms in this pardifi abort, such prpapedtva
plif nt slat alsch an explanation to this proposal.
701. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
(Apply abie to all Froom aid construction Catlfads and to all
related aubcon tr ct s which expecC 5100.000-ag CFR 20)
1. The OnsadeOtwe patcVard parbfes.by Wiring and subn"
tris bid or proposal.to the best of his or her luwwledpe std belief,
but
a. No Federal approprssd holds have been paid or VI be -
paid.by of an behalf of the undemgmd,to any Panaan for idbsncr
ing or ademptirg to influence an officer or anxployee Of my Federal
agency.a litimber of Corgreas,an dffrpar Of 0 IMYaa of Cdngfeas,
or an employee of a Member of Congos an radernemon with the
awardiw of arty Fydel I ooriraG the haling of arty Federal grand.
that matug of rely Fedntal loan.tar erdamg oro of amt CWM rare
agreement amd the ardo inion,comnrsbon,nest*,anrrdnrntr
or moQf cft:n of any Federal contract,gmnL loan.Or maparabve
Pope to
ATTACHMENT A- EMPLOYMENT PREFERENCE FOR
APPALACHIAN CONTRACTS
(Applicable to Appalacnon contracts only.)
1. During the performance of this Contract. the Contractor
onOeftakrrlg to do Wpnc Which IS, or reasonably may be,done as on-
site work, shall-give preference to qualified persons who regularly
reside In the Labor area as designated by the DOL wherein the
contract work is situated, or the subregion, or the Appalachian
counties Of the State wherein the Contract Work IS situated.except:
a. To the extent that qualified persons regularly reading In
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or spemly experienced personnel necessary to assure
an efficient read C ' n of the contract work.
c For the obligation of the contractorto offer employment to
present or former employees as the result of a lawful collective
bargaining tomract.provided that the number of nonresident persons
employed under this Subparagraph 1 C shall not exceed 20 percent
W the total number of errobyees employed by the contractor on the
contract wont.except as p^r'Ided in subparagraph 4 below.
2. The contractor shall place a pb order with the State Employ
rnent Service Indicating (a) the classifications of the laborers.
Mectlan, and other employees requned to perform the contract
work.(b)he number o1 emptoyees rebuffed in each classif>cauon.
' a faaa 11
(C)the pale on which ne estimates such employees will be rectunez
and (d) any other pertinent information reomred by the State
Employment Service to complete the fob order form. The foo oroer
may be placed with the State Employment Service in wining or by
telephone If during the course of the contract work.the information
submitted by the contractor in the original fob order is substantially
modified.he shall promptly notify the State Employment Service.
7. The contractor shall give full consideration to all duatified fob
applicants referred to him by the Stale Employment Servide. The
comraltor as not required to grant employment to any fob applicants
who,in his opinion,are not qualified to perform the classification of
work required.
A. If. within 1 week following the placing of a job order by the
contractor with the Slate Employment Service. the State Employ-
ment Service! is unable to refer any qualified fob applicants to the
contractor,or less thin the number requested,the Stale Emp ryment
Service will forward a certificate to the contractor indicating the
unavauabiMy of applicants. Such certificate snail be made a pan Of
the contractors permanent protect radohls. Upon nticalpt of this
certificate.the contractor may empby persons who do not normally
reside in the labor deals to fill positions covered by the eenifiote.
notwithstanding the proviYpfrs of subparagraph 1c above. -
S. The contractor atoll include the provisbns of Sectbns 1
through 4 of this Attachment A in every subcontract for work which
is,or rauonsby my be,done as on4iro wok.
sees U