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HomeMy WebLinkAboutFirst Amendment - Ashbritt, inc.~oo~~-~~~ 9~ FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND ASHBRITT, INC, FOR DISASTER DEBRIS RECOVERY SERVICES. This First Amendment to the Agreement, dated January 31, 2008, is entered into this 6th day of July, 2008, by the CITY OF MIAMI BEACH, a Florida municipal corporation, whose address is 1700 Convention Center Drive, Miami Beach, Florida, 33139 (City), and AshBritt Inc., whose principal address is 480 S. Andrews Avenue, Suite 103, Pompano Beach, Florida 33069. WITNESSETH: WHEREAS, as requested by the Florida Department of Transportation, the City is required to physically incorporate FHWA Form 1273, titled "Standard Federal-aid Provisions" into all prime and subcontractor contracts; and NOW THEREFORE, the City, and AshBritt, for and in consideration of the mutual covenants, agreements and undertakings herein contained, do by these presents mutually covenant and agree to amend the Agreement to incorporate the aforementioned and attached FHWA-1273 Form. IN WITNESS WHEREOF, the City and AshBritt have hereunto affixed their respective hands and seals at the place, and on the day and date first hereinabove written. Signed, sealed and delivered in the presence of: Attest: Robert Parcher, City Clerk Attest: -'--~. Secretary (Print Name} CITY OF MIAMI BEACH, FLORIDA: ge . G nzale anager ~~LL ~~)~~ ~~~ (Print Name) APPROVED AS Tp & FOR f- ~r US DerJartmnnt of Transparlation Federal Highway Administration September 12, 2006 Mr. Denver J. Stoller, Jr., P.E. Secretary of 'transportation Florida Department of Transportation Tallahassee, Florida Dear Mr. Stotler: Attention: Me. Ananth Prasad Subject: Emergency Relief (ER) Program Requirements 545 John Knox Road, Suite 200 Tallahassee, Florida 32303 (850) 942-9650 In Rc~ity RclcrTo: HPO-l'L, The purpose of this letter is to clarify the FHWA's requirements for emergency and permanent ER projects, and the documentation required for a detailed damage inspection reports (DDiR's). As requested by the FDOT Federal-aid Office we are providing this guidance to expand and clarify the email guidance issued by District 6 on July l 1, 2006. We agree there is a statewide need to clarify the application of the ER criteria to emergency repair contracts, permanent restoration projects, and work performed by state or local forces. During 2004 and 2005 Florida was impacted Uy ~ hurricanes resulting in substantial 1'C1117bur5elllellt fr0111 FHWA'S GI11GI'ge11Cy relle{ progl'anl, for Uoth emergency and permanent repairs totaling over $1.5 Uillion. Due to the unprecedented impact of these stot711s on the FHWA, the FDOT and local agencies, we were very lenient concerning contracting requirements and the documentation for emergency repairs for these events. As a result of this experience, there is a need to improve both the damage documentation arld compliance will basic federal-aid contract requirements. Of particular importance is the need for Local Agencies to better tlnClel'Stalld oLlr I'egtlll'enle]1tS. Emergency Repairs Emergency repairs are those repairs during (meaning after laudtall) and invnediately following a disaster, which can Uegin immediately without Fl-f WA's prior approval. Permanent repairs 1'egUll'C FI-IVdA review and approval prior to contract advertisement. To Ue eligible for emergency repair the work performed must always meet one of the following three conditions: 1. To restore essential traffic 2. T'o miuimizc the extent of the damage 3. To protect the remaining {~rcility ~~' 1~. 1 1 f t~f`,, _Ill>f 1•. ~' f ..~ ~' I~ii„r.:~:~~`~ ~u~c//^^'~EU.E uP ~~ Mr. Denver J. Sh.~tler, Jr., P.E September 12, 2006 Please note that. based on current ER guidance, safety is not a consideration to justify emergency repair work. DDIR llocumentation: For future eligible ER events, if the performance of the emergency repair work has started, FHWA will require a copy of the contract and prices at the time a DDIR is written. The contract and other back up material should be made available to our Transpori~ation Engineer, and will be attached Co the DDIR at that time. Our expectation is that there should not: be a request to write a DDIR for ongoing work, without having the contract documents available to FHWA staff For permanent work tl~e DDIR will be written without this documentation, because the work will not be tu~dei-way and will be performed following not7nal procedures. Contract Requirements: Listed below are the basic federal-aid requirements that must Ue folIowed for emergency repair projects and permanent restoration projects. These requirements apply fio all State and Local Agency contracts for both emergency and permanent restoration types of projects. These requirements catu~ot be v~~aived just because there is a State or FEMA emergency declaration. 1. FHWA Fonn 1273, titled Standard Federal-aid Provisions, must be physically incorporated (not referenced) into all prime and subcontractor contracts. 2. Davis-Bacon Wages Act; refer to http:!/www.fli~~~a.dot.Uov/constn~ction~'egit'dbacon htm 3. Buy America 4. Disadvantaged Business Enterprises (DBE) 5. Americans with Disability Act (ADA} 6. Convict Labor Prohibition Additionally, for emergency work it is important to remember to take the following into account: 1. Emergency repair projects under the ER Program tmust comply with the requirements of the National Environmental :Policy Act (N>/PA). 2. Negotiated or solicited contracts are allowed for emergency work, but their use should be minimized. Some type of competitive bids are the prel:erred method. 3. Regardless of the cottract method, there should be documentation on how contracts are ~ negotiaked, solicited, or openly bid. Mr. Denver .l. Stotler, .h'., P.E September l2, 200G Permanent work is handled just like a normal federal-aid project, but can be expedited so long as the requirements are met. Permanent repairs require FI~WA review and approval in advance of contract advertisement. A detailed engineer's estimate and competitive bids ar'e required like on normal federal-aid projects, but the use of abbreviated plans, a shortened advertisement period, etc; are appropriate depending on the scope of the work. State and Local Force Account: The FI-IV~~A Form 1273 and Davis Bacon pt'OVislotlS d0 llOt apply to state and local employees performing ER work by force account (actual cost of labor, equipment and materials}. A public interest finding is not required for emergency work, but is required if state or local employees perform pernrulent work. Use of.Ioint Participation Agreements ((PA's) or Local As;ency Program (LAP) Agreements The FHWA has previously agreed to accept the use of JPA's for the performance of emergency work. Local agencies must be LAP certified to perform permanent work. If you have any questions, please contact Mr. C[lris Richter at 942-9f 50 Sincerely, /s/ J. Chris Richter For: David C. Gibbs D]ViSlo11 Ad1111171str~ltol' I~I1C1 OSLII'e ce: Mr..lames .lobe, FDOT (MS-21) ,ICt.:awa bc: CIL, SG, RE S:TcchSystemslGR rcgs for contracts ~C DD[R's.doc File: 40(i REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Page I. General .................................... . 1 II. Nondiscrimination ............................ . 1 III. Nonsegregated Facilities .......... . ............ . 3 IV. Payment of Predetermined Minimum Wage ........ . 3 V. Statements and Payrolls ...... ............ .... . 5 f VI. Record of Materials, Supplies, and Labor .......... . 5 ~ VII. Subletting or Assigning the Contract .............. . 5 VIII. Safety: Accident Preventron ................ . 6 IX. False Statements Concerning Highway Projects ..... . 6 X. Implementation of Clean Air Act and Federal Water Pollution Control Act ..................... . 6 XI. Certification Regarding Debarment, Suspension, ineligibility, and Voluntary Exclusion .. ...... . 6 ~~ XII. Certification Regarding Use of Contract Funds for , Lobbying ................................... . S I ATTACHMENTS A. Employment Preference for Appalachian Contracts ~ (included in Appalachian contracts only) I. GE NERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superinten- dence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shalt insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Conlracl Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible far compliance by any subcontractor or tower tier subcontractor with these Required Conlracl Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of .the Following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Sbclion IV, paragraphs 1, 2, 3, A, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Regwred Contract Provisions shall not be subject [o the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) asset torth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor {or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate againstlaboriromanyolher5late,possession, orterrilory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b employ convict labor tar any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. il. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of X10,000 or more.) Employment requirements orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 GF-K 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant l0 23 U.S.C. 140 shall constitute the EEO and specihc affirmative action standards for the contractor's project activities under this contract. The Equal Opportu- nity Construction Contract Specifications set forth under 41 CFR 60- 4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seg.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the coniraclor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of hislher activities under the contract. ' b. The coniraclor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and chat employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other corms of compensation; and selection for training, including apprentice- ship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known io the SHA contracting officers an EEO Officer who will have the responsibilityforand muslbe capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, wit{ be made fully cognizant of, and vdll implement, the contractors EEO policy and contractual responsibili- ties to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the scarf of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the coniraclor. c. All personnel who are engayed in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to imple- ment such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will he placed Form FFIWA-1273 (Rev. 3-94) Poge i in publications having a large circulation among minority groups in the area from which the project work force would normally be denved. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the conlraclor for employment consider- ation. b. In the event the conlraclor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the conlraclor to do the same, such implementation violates Executive Order 19246, as amended.) c. The conlractorwill encourage his present employeesto refer minority group applicants for employment. Information and proce- dures with regard to referring minority group applicants wdl be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sties to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discrimi- natory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence o(discrimina- tion. Where evidence is found, the contractor will promptly lake corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all aHecled persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the conlraclor in connection with his obligations under this contract, will afiempl to resolve such com- plaints,and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. , b. Consistenlwith the contractor's workforce requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job (raining programs for the geographical area o1 contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated inthe special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promo- tion. 7. Unions: ((the contractor relies in whole or in part upon unions as a source of employees, the contractor will use hislher best eflorls to obtain the cooperation of such unions to increase opporlunilies for minority groups and women within the unions, and io effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in coopera- tion with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national ongin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possessrnn of the labor union and such labor union refuses to furnish such information to the contractor, the conlraclor shall so certify to the 5HA and shall eel forth what efforts have been made to obtain such information. d. In ttre event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the lime limit eel forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the empleymenl vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified andlor qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) fn the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 91246, as amended, and these special provisions, such contractor shall immediately notify the 5HA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall no[ discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, mcluding procure- ment of materials and leases of equipment. a. The contractor shall notify al{ potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises {DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. o. The contractor will use his heel efforts to ensure subcontrac- tor compliance with their EEO obligations. 9. Records and Reports: The contractor shaft keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable limes and places for inspection by authorized representatives of the 5HA and the FHWA. a. The records kept by the contractor shall document the following: (9) The number of minori(y and non-minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (3) The progress and ellorls being made in locating, hiring, training, qualifying, and upgrading minority and tamale employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors ar subcontractors with meaninglul minority and female representation among their employees. b. The contractors will submit an annual report to the Sf1A na~r~ z Form FHWA-1273 (Rev. 3-94) each July for Ihe duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This infonnalion is to be reported on Form FHWA-1391. If on-the job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITfES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $iD,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construc- tion contractor, subcontractor, materiai supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and Ihai the firm does not permit its employees to pedorm their services at any location, under its control, where segregated Facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee wilt be denied access to adequate facilities on the basis of sex or disability. ~ b. As used in this certification, the term "segregated means any wailing rooms, work areas, restrooms and wa: restaurants and other eating areas, iimeclocks, locker roc j other storage or dressing areas, parking lots, drinking f I recreation or entertainment areas, transportation, and facilities provided for employees which are segregated b ~ directive, or are, in foot, segregated on the basis of roc religion, national origin, age or disability, because of h~ custom, or otherwise. The only exception will be for the ~ when the demands for accessibility override (e.g. disabled c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT DF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,DD0 and to alt related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employ site of the work will be paid unconditionally once a week and without subsequent ded account jexcepl such payroll deduction: regulations (29 CFR 3) issued by Ihe Secn Copeland Act (40 U.S.G. 276c)) the lull amt tide fringe benefits (or cash equivalents payment. The payment shall be computec than those contained in the wage delermin, Labor(hereinailer"Ihe wagedetermination") and made a pars hereof, regardless of any which may be alleged to exist between the tractors and such laborers and meth ar the provisions of Seclian purpose of Ihis Section, re for more than a weekly f under plans, funds, or prc period, are deemed to be c weekly period Such tat appropriate wage rate and for Ihe classification of w~ skill, except as provided it not less often than n or rebate on any are permitted by of Labor under the of wages and bona of) due at lime of as anics. The wage determination ins and wage rates conformed and the DOL poster (WH-1321) ~d al all times by the contractor f the work in a prominent and fly seen by the workers. For the ins made or costs reasonably fits under Section 1(b)(2) of the behalf of laborers or mechanics .borers or mechanics, subject to rank 3h hereof. Also. for the regard to lion IV. b. Laborers or mechanics performing work in more than one classification may be compensated al the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classifrcation in which work is performed. c. All rulings and interprelalions of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in This contract. 2. Classification: a. The SFiA conlracling officer shall require that any class of laborers or mechanics employed under the contract, wtricft is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The conlracling officershall approve an additional classifica- tion, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classifica- tion requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; {3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4} with respect to helpers, when such a classification prevails in the area in which the work is performed. c. It the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) io be employed in the additional agree on the classification and wage rate (including the amount designated Tor fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and dour Division, Employment Standards Adminislralion, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action wrlhin 30 days of receipt and so advise the contracting officer or will notify the conlracl- ing officer within the 3D-day period that additional time is necessary. d. to the event the contractor or subcontractors, as appropri- ate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated far fringe benefits, where appropriate), the contracting officer shall refer the questions, including Ihe views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Adrninislralor for determination. Said Administrator, Oran authorized representative, will issue a detemnina- tion within 30 days of receipt and so advise the conlracling officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first dayon which work is performed in the classification. 3. Payment of Fringe Benefits a. Whenever the minimum wage rate prescribed in the wntracl fora class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage delerminahon or shall pay another bona fide fringe benefit or an Dourly case equivalent thereof. b. If Ihe contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benelits under a plan or program, provided, that the Secretary of Labor has found, upon the wnlten request of the contractor, that the applicable standards of the Davis-Bacon Acl have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Form FHWA-1273 (Rev. 3-94) p,ge a 4. Apprentices and Trainees (Programs of the U.S. DOL} and Helpers: I a. Apprentices: / (i) Apprentices wiR predetermined rate for the v i employed pursuant to and it I with a State apt person is emp rnent as an app individually reg the Bureau of P agency (where ment as an apt al on the joh silo in excess of program shall be paid not I wage determination for tf contractor or subcontractor a locality other than that in and wage rates (expresses hourly rate) specified in the program shall be observed to work at less than the formed when they are listered in a bona fide DOL, Employment and ceship and Training, or ed by the Bureau, or if a and Training or a to be eligible for I ratio of apprentices tojourneyman-level in any craft classification shall not be ed to the contractor as to the entire work gram. Any employee listed on a payroll :, who is not registered or otherwise hall be paid not less than the applicable delerminalion for the classification of addition, any apprentice performing work he ratio perrnilled under the registered ss than the applicable wage rate on the work actually performed. Where a performing construction on a project in hich its program is regisleretl, the ratios in percentages of the journeyman-level ontractor's or subcontractor's registered (3) Every apprentice must be paid al not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefds in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. if the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a Stale apprenticeship agency recognized by the Bureau, with- draws approval of an apprenticeship program, the contractor or subcontractor will no longerbe permitted to ullhze apprentices al less than the applicable predetermined rate for the comparable work pedormed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than ttre predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by Ilse DOL, Employment and Training Administration. (2) The ratio of trainees tojourneyman-level employees on the job site shall not be greater than permitted under the p{an approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and padicipaiing in a training plan approved by the Employment and braining Administration shall be paid not less than the applicable wage rate on the wage delerminalion for the classification of work actually performed. In addition, any Uainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage delerminalion for the work actually pedormed. (3) Every trainee must be paid al not less than Use rate specified in the approved program for hislher level of progress, expressed as a percentage of the journeyman-level hourly role specified in the applicable wage delerminalion. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. I( the trainee program does not mention fringe beneiils, trainees shall be paid the full amount of fringe beneiils listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associ- aled with the correspondingjourneyman-level wage rate on the wage determination which provides for less than full Fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the even( the Employment and Training Administra- tion withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees al less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage race on the wage determina- tion for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of lransportalion as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prune contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontrac- tor the full amount of wages required by the contract. !n the evens of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written nonce to the contractor, take such action as may be necessary to cause the suspension of any furtherpaymenl, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above} shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which helshe is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation al a rate not less than one-and-one-half times hislher basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation Liability for Unpaid Wages; Liquidated Damages; In the event of any violation of the clause set forth in paragraph 7 above, the conlraclor and any subconlraclor responsible thereof shall be liable to the affected employee for hislher unpaid wages. In addition, such conlraclor and subconlraclor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated darnayrs. Such liquidated damages shall he computed with respect to each individual laborer, mechanic, watchman, or guard employyed in violation of the clause set forth in paragraph 7, in the sum of Ji10 for each calendar day on which such employee was required or permil- led to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: naaea Form FHWA-1273 (Rev. 3-94) The SHA shall upon its awn action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work pedormed by the contractor or subcontractor under any such contract or arty other Federal contract with the same prime conlraclor, or any other Federally-assisted conlrac( subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt. ) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations oT the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course o! the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working a1 the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contribu- tions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) o{ the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appala- chiancontracts, the payroll records shall contain a notation indicating whelherthe employee does, ordoes not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a .plan or nrnnram descrbed in Section 11b1f21fBl of the Davis Bacon Act, the plan or program is financially responsible, [hat the plan or program has been commurricated in wrihng to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, para- graphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any corm desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superin- lendento(Documents (Federal stock number 029-005-0014-1 }, U.5. Government Printing Office, Washington, Q.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. F_ach payroll submihed shall be accompanied by a "Siale- menl pf Compliance," signed by the contractor or subcontractor or hislher agent who pays or supervises the payment of the persons employed under the contract and shat) certify the following: {1) Ihal the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and That such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the conlrac) during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from Itre full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3} that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked pedormed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission o(a properly executed certification set fodh on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Stalernenl of Compliance" required by paragraph 2d of this Section V. i. The falsification of any of the above certifications may subject the contractor to civil or crimina{ prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspec- tion, copying, or transcrrptron by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the icb. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Fudhermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,UDO (23 CFR fi35) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior io the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and ingorporated in the work, and also of the quantities of those specific materals and supplies listed on Form FHWA-47, and in the units shown on Form FH1NA-47, c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1b relative io materials and supplies, a fine{ labor summary o{ all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all canlract work or separate reports for the contractor and for each subcontract shall he submitted. VIt. SUBLETTING OR ASSIGNING THE CONTRACT 1. The conlraclor sha11 perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the conlracQ of the total original conlraci price, excluding any specially items designated by the Stale. Specially items may be performed by subcontract and the amount of any such specialty items pedormed may be deducted from the total original conlraci pace before computing the amount of work required to be pedormed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime conlraclor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of Form FHWA-1273 (Rev. 3-94) Fa9e ~' a subcontractor, assignee, or agent of the prime contractor b. "Specially Items" shall be construed to be limited [o work tlial requires highly specialized knowledge, abilities, orequiprnenl not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of 5ection VII is computed includes the post of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract require- ments, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, manayemenl, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and Thal it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 GFR fi35). The contractor shall provide all safeguards, safely devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the lice and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered byihe contract. 2. Il is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surround- ings or under conditions which are unsanitary, hazardous or danger- ous to hislher health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of Ibis contract Thai the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 0( the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in confor- mity with approved plans and speciticalians and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway protects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect io any facts related la the project is a viotation of Federal law. To prevent any misunderstanding regarding the seriousness of These and similar acts, the ioliowing notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or mare places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 16 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee al the United Stares, or of any Stale or Territory, or whoever, whether a person, association, firm, or corporation, Ivrowingly makes any false state- ment, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereol in connection with fhe submission of plans, maps, specifications, contracts, or costs of construction on any highway or related projec! submitted for approval fo the Secretary of Transportation; or Whoever knowingly makes any false statement, false representa- tion, false report or false clairn with respect to the character, quality, quantity, or' cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary o/ Transpor[ation; or Whoever knowingly makes any false statement or false represen fa- tion as to material (act in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Acf approved July 1, 1916, (39 Stat. 355), as amended and suppie- menled; Shat! be fined not more that $1 DODO or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. Thal any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et se ., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C.1251 else :, as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (4D CFR 15) is not listed, on the dale of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of 5ection 114 of the Clean AirAcland Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a faciiily that is or will be utilized far the contract is under consideration to be tided on the EPA List of Violating Facilities. 4. Thal the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and turiher agrees to lake such action as the government may direct as a means of enforcing such requirements. Xl. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, {NELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification -Primary Covered Transac- tions: (Applicable to all Federal-aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the cerlificalion set out below. b. The inability of a person to provide the certification set out 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 agenc;y's delorminalion whether to enter into this transaction. Flnwever, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this Transaction. c. The certification in This clause is a maleriai representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. II it is later deter- mined 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 Page fi Form FI--I WA-1273 (Rev. 3-94 ) L•ansaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted it any tirne the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. 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 petinilions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaclron be entered into, it shall not knowingly enter into any lower tier covered transac- tion with a person who Is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaclron, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause tilled "Ceriifica- tian Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered lransaclion, without modification, in all lower tier covered transactions and in all solicita- tions for lower tier covered transactions. A participant in a covered transaction may rely upon a ~n of a prospective participant in a lower tier covered n that is not debarred, suspended, ineligible, or voluntarily Tram the covered transaction, unless it knows that the rn is erroneous. A parlicipanl may decide the method and by which it determines the eligibility of its principals. Each i may, but is not required lo, check the nonprocuremenl the "Lists of Parties Excluded From Federal Procurement acuremenl Programs" (Nonprocurement List) which is i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order io render in goad faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph i of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered lransaclion with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in thisiransaclion, in addition iootherremediesavailable to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered Transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtain- ing, attempting to obtain, or performing a public (Federal, Slate or local) transaction or contract under a public lransaclien; violation of Federal or Stale antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making False statements, or receiving stolen property; c. Are not presently indicted fororothenvise criminally or civilly charged by a govemrnental entity (Federal, Stale or local) with commission of any of the offenses enumerated in paragraph ib of this certification; and d. Have not within a 3-year period preceding this applica- tionlproposal had one or more public Iransaclions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary parlicipanl is unable to certify to any of the statements m this cerlificaUon, such prospective parlicipanl shall attach an explanation to this proposal. 2. Instructions for Certification -LowerTier Covered Transac- tions: (Applicable to alt subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If ii is later determined that the prospective lower tier parlicipanl knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the deparl- menl, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immedi- ate written notice to the person to wMch this proposal is submitted if at any time the prospective lower tier partrcipanl learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "parlicipanl," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective tower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any tower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered lransaclion, unless authorized by the department or agency with which this lransaclion originated. i. The prospective lower tier parlicipanl turlher agrees by submitting this proposal that it will include This clause titled "Cerlifica- lion Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered Iransaclions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a cerliiicalion of a prospective participant in a tower tier covered lransaclion that is not debarred, suspended, ineligible, or voluntarily excluded tram the covered lransaclion, unless it knows Thal the certification is erroneous. A parlicipanl may decide the method and Form FFIWA-12%3 (Rev. 3-94) Fafle ~ frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed 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 participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded irorn participation in this transaction, in addition to other remediesavailable to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presenliy debarred, suspended, proposed for debarment, declared ineligible, or volun- tarily excluded from parlicipalion in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shalt attach an explanation to this proposal. XII. GERTIFICATIDN REGARDING USE OF CONTRACT FUNDS FOR LOBBYING {Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submilhng this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will 6e paid, by or on behalf of the undersigned, io any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreerent, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. if any funds other than Federal appropriated funds have been paid or will be paid to any person far influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Gongress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submil5landard Form-LLL, "Disclosure Form io Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S,C. 1352. Any person who tails to file the required certification shat} be subject to a civil penalty of not less than $10,600 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this cerlificaiion be included in all lower tier subcontracts, whrch exceed $100,000 and that all such recipients shall certify and disclose accordingly. n~gea Form FHWA-1273 (Rev. 3-94) ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 1. During tfte performance of this contract, fhe contractor under- taking to do work 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, orthe Appalachian counties of the Slate wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. 6. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obfigalion of the. conUartor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided Thal the number of nonresident persons employed under this subparagraph 1 c shall not exceed 2D percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 2. The contractor shall place a job order with the State Employ- ment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which fie estimates such employees will be required, and (d) any other pertinent information required by the Stale Employ- ment Service to complete the job order form. The job order may be planed with the Stale Employment Service in writing or by telephone. ti during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the Slate Employment Service. 3. The contractor shall give ful! consideration to all qualified job applicants referred to him by the Stale Employment Service. The contractor is not required to gran) employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. eek following the placing of a job order by the fate Employment Service, the State Employment refer any qualified job applicants to the contrac- ie number requested, the Slate Employment j a certificate to the contractor indicating the bicanls. Such certificate shall be made a part of manent project records. Upan receipt of this actor may employ persons who do not normally area to fill positions covered by the certificate, provisions of subparagraph 1 c above. 5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. Form FHWA-1273 (Rev. 3-94) nose e