HomeMy WebLinkAboutFirst Amendment - Bamaco, Inc.~®d~ - ~6~9'~
FIRST AMENDMENT
TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND
BAMACO, 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 Bamaco, Inc, whose principal address is 6869 West Hwy 100,
Bunnel, Florida 32110.
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 Bamaco, Inc, 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 Bamaco, Inc, 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:
CITY OF MIAMI BEACH, FLORIDA:
Robert Parcher, City Clerk J rge za it ager
Attest:
~'•ITY CLERK
BAMACO, INC
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President APPROVED AS TO
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1 ~ { T 1'l 1-~.ron-L..ECUT{ON
(Print Name)
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US.Depanment
of Transportation
Federal Highway
Administrotion
September 12, ?006
Mr. Denver .I. Stotler, ;lr., P.E.
Secretary ot•Trartsportation
Florida DLpartment of TrflI1Sp01'tat1011
Tallahassee, I'lorida
Dear Mr. Stotler:
Attention: Mr. Ananth Prasad
Subject: Emergency Relief (ER) Program Requirements
545 Jahn Knox Road, Suite 200
Tallahassee, Florida 32303
(850) 942-9650
lu Reply Rcfa Tn: I1PO-(~' 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 (DD1R's).
l 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 1 1, 2006. We agree there is a statewide
I need to clarify the application of the ER criteria to emergency repair contracts, permanent
j restoration projects, and work performed by state or local forces.
During 2004 and 2D05 Florida was impacted by 8 hutTicanes resulting in substantial
reimbursement from FHWA's emergency relief program, for both emergency and permanent
repairs totaling over X1.5 billion. Due to the unprecedented impact of these stot-tns 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 and compliance with basic federal-aid
contract requirements. Of particular importance is the need for Local Agencies to better
understand our requirements.
Emergency Repairs
Emergency repairs are those repairs during (meaning aPler landfall) and immediately following a
disaster, which can begin immediately without FI-IWA's prior approval. Permanent repairs
require FHVdA review and approval prior to contract ach~ertisenlent. To be eligible for
emergency repair the work performed must always meet one of the following three conditions:
I . '1'o restore essential traffic
Z: To minimize the extent of the damage
3. To protect the remaining facility
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Mr. Denver J. Stotler, Jr., P.E
September 12, 2006
Please note that based on current ER gttidance, safety is not a consideration to justify emergency
repair work.
DDIR. Documentation:
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 Ue made available to our Transportation Engineer, and will be
attached to the DDIR at that time. Ow- 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 the DDIR will be written without this documentation, because the wort: will not
be undet~~ay and will be performed following normal procedures.
Contract Requirements:
Listed below are the basic federal-aid requirements that must be followed for emergency repair
projects and permanent restoration projects. These requirements apply to all State and Local
Agency contracts for both emergency and permanent restoration types of projects. These
requirements camlot be waived just because there is a State or FEMA emergency declaration.
1. FHV4~A Form 1273, titled Standard Federal-aid Provisions, must be physically
incorporated (not referenced} into all prin7e and subcontractor contracts.
2. Davis-Bacon Wages Act; refer to http:%h~~~w~°.fl~«~a.dot.~o~~/constt-~iction/cgit'dbacotl htm
3. Buy America
4. Disadvantaged Business Enterprises (DBE}
5. Americans with Disability Act (ADA)
6. Convict Labor Prohibition
Additionally, for emergency wort. it is important to ren7ember to take the following into account:
1. Emergency repair projects under the ER Program must comply wil:h the requirements of
the National Environmental Policy Act (NEPA).
2. Negotiated or solicited contracts are allowed for emergence work, but their ttse should be
minimized. Some type of competitive bids are the preferred tmethod.
Regardless of the contract method, there should be documentation on how contracts are
negotiated, solicited, or openly bid.
Mr. Denver .I. Stotler, :Ir., P.L
September 12, ?006
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 FHVVA review and approval in advance of
contract advertisement. A detailed engineer's estimate and competitive bids are required like on
normal Iederal-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-IWA Norm 1273 and Davis Bacon provisions do not apply to state and local employees
performing ER work by force account (actual cost of labor, equipment and materials). A public
interest folding is not required for emergency work, but is required if state or local employees
pC;l'lUI'Im perlmanent WUrIC.
Use of.loint Participation A~Treements (.iPA's) al- Local A~eney Prorrram (LAP) Agreements
The FH WA has previously agreed to accept the use of J.PA's for the performance of emergency
work. Local agencies must be LAP certified to perfortm permanent work.
if you have any questions, please contact NIr. Chris Richter at 942-9650.
Sincerely,
/s/ J. Chris Richter
For: David C. Gibbs
Division Administrator
1/nclosure
cc: Mr..lanles ,lobe, FDOT (MS-21)
:lCR:awa bc: CR, 5G. RC S:TeehSystems\rR regs rorcontracts & DQ[R's.cloc EA~tle; ~~~~
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
VI. Record of Materials, Supplies, and Labor ........ ... 5
VIL Subletting or Assigning the Contract ............ ... 5
VIII. Safety: Accident Prevention .................. ... 6
IX. False Statements Concerning Nighway Projects ... ... fi
X. lmplemenlalion of Clean Air Act and Federal
Water Pollution Control Acl ................... ... fi
XI. Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion ............ ... 6
XII. Certification Regarding Use of Contract Funds far
Lobbying ................................. ... 8
ATTACHMENTS
A. Employment Preference for Appalachian Contracts
(included in Appalachian contracts only)
I. GENERAL
i. 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 superinlen-
denceand toall work performed on the contract by piecework, station
work, or by subcontract.
2. Except as otherwise provided for in each section, the contractor
shall insert in each subcontract all of the stipulations contained in
these Required Contract Provisions, and further require their
inclusion in any lower tier subcontractor purchase order that may in
turn be made. The Required Contract Provisions shall not be
incorporated by reference in any case. The prime contractor shalt be
responsible for compliance by any subcontractor or lower tier
subcontractor with these Required Contract 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;
Sr;ciion IV, paragraphs 1, 2, 3, 4, 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 Required Contract
Provisions shall not be subject to 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) as set forth 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
conlractng agency, the DOL, or the contractor's employees or (heir
representatives.
6. Selection of Labor: During the performance of this contract,
the contractor shall not:
a. discriminate against laborfroin any other Slate, possession,
orlemlory of the United Stales (except for employment preference for
Appalachian contracts, when applicable, as specified in Attachment
A), or
b. employ convict laborfor any purpose within the limits of the
project unless it is labor performed by convicts who are on fiarole,
supervised release, or probation.
U. NONDISCRIMINATION
(Applicable io all Federal-aid ronstruclion contracts and to all
related subcontracts of $10,000 or more.)
fly as set
=R 35, 29
Labor as
prescribed herein, and imposed pursuant l0 23 U.S.G. 140 shall
constitute the EEO and specific affirmative action standards for the
contractor's project activities underthis 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 199D (42
U.S.C. 12101 el se9.) set forth under 28 CFR 35 and 29 CFR 1630
are incorporated by reference in this contract. In the execution of this
contract, the conlraclor agrees to comply with the following minimum
specific requirement activities of EEO:
a. The conlraclor 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 conlraclor will accept as his operating policy the
following statement:
"Il is the policy of Phis Company to assure that applicants are
employed, and that 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 forms 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
responsibilityiorandmust becapable 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 io hire, supervise, promote, and discharge
employees, or who recommend such action, or who are substantially
involved in such action, wilt be made fully cognizant of, and will
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 start of work and then not
less often than once every six months, al which lime 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 contractors EEO obligations within Thirty days
following their reporting for duty with the conlraclor.
c. All personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractor's
procedures for locating and hiring minority group employees.
d, Notices and posters selling 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 Io the atlenlion of employees by
means of meetings, employee handbooks; or other appropriate
means.
4. Recruitment: When advertising for employees, the conlraclor
will include in all advertisements for employees the notation: "An
Equal Opportunity Employer." All such advertisements will he placed
Form FHWN-1273 (Rev. 3-94} Pale 1
in publications having a large circulation among minority groups in the
area from which the project work force would normally be derived.
a. The conlraclor will, unless precluded by a valid bargaining
agreement, conduct systematic and direct recruitment through public
and private employee referral sources likely to yield qualified mrnorily
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 maybe referred lotheconlractorforemploymenlconslder-
3tlJrl.
b. In the event the contractor 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 agains( minorities or women, or obligates the
conlraclor to do the same, such implementation violates Executive
Order 11246, as amended.)
c. The coniractorwill encourage his present employees to refer
minority group applicants for employment. Information and proce-
dures with regard to referring minority group applicants will be
discussed with employees.
5. Personnel Actions: Wages, workingcondilions,andemployee
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
sites to insure that working conditions and employee facilities do not
indicate discriminatory treatment of project Bile personnel.
b. The conlraclor will periodically evaluate the spread of wages
paid within each classification to determine any evidence of discrlmi-
nalory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of discrimina-
tion. Where evidence is found, the conlraclor will promptly take
corrective action. If the review indicates that the discrimination may
extend beyond the actions reviewed, such corrective action shall
include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection with his
obligations under this contract, will attempt to resolve such com-
plainls,and wilt take appropriate corrective action within a reasonable
time. lithe 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. Consistentwithlhecontractor'sworkforcerequiremenlsand
as permissible under Federal and Stale regulations, the contractor
shall make full use of training programs, i.e., apprenticeship, and
on-the-job Iraining programs for the geographical area of contract
performance. Where feasible, 25 percent oT 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 in the
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 Iraining and promo-
tion.
7. Unions: If the contractor relies in whole or in part upon unions
as a source of employees, the contractor will use hislher best efforts
to obtain the cooperation of such unions to increase opportunities for
minority groups and women within the unions, and to 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 conlraclor will use best efforts 1o develop, in coopera-
tion with the unions, joint training programs aimed toward qualifying
more mirrorily 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 conlraclor 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,
Dolor, religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that [o the extent
such information is within the exclusive possession of the labor union
and such labor union refuses to furnish such information to the
contractor, the contractor shall so certify to the 5HA and shall set
forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the conlraclor
with a reasonable flow of mirrorily and women referrals within the time
limit set forth in the collective bargaining agreement, the contractor
will, through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, national origin,
age or disability; making full efforts to obtain qualified andlor
qualifiable minorrly group persons and women. (The DOL has held
Thal 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.) In the even! the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and Lhese special
provisions, such conlraclor shall immediately notify the SHA.
B. Selection of Subcontractors, Procurement of Materials and
Leasing of Equipment: The conlraolor shall not discriminate on the
grounds of race, color, religion, sex, national origin, age or disability
in the selection and retention of subcontractors, including procure-
ment of materials and leases of equipment.
a. The contractor shall notify all potential subcontractors and
suppliers of hislher 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 conlraclor 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.
c. The contractor will use his best eflorts to ensure subcontrac-
tor compliance with (heir EEO obligations.
9. Records and Reports: The contractor shall 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
times and places for inspection by authorized representatives of the
SHA and the FHWA.
a. The records kepi by the contractor shall document the
following:
(1) The number of minority and non-minority group
members and women employed in each work classification on the
project;
(2) The progress and eflorts being made in cooperation
with unions, when applicable, to increase employment opportunities
far minorities and women;
(3) The progress and eflorts being made in locating, hiring,
training, qualifying, and upgrading mirrorily and female employees;
and
(4) The progress and efforts being made in securing the
services of DBE subconlraclors or subconlraclors with meaningful
minority and female representation among (heir employees.
b. The contractors will submit an annual report to the 5HA
Paye2 Form FHWA-1273 (Rev. 3-94)
each July for the duration of the project, indicating the number of
minority, women, and non-minority group employees currently
engaged in each work classification required by the contract work.
Thrs mformation is Io be reported on Farm FHWA-1391. If on-the
job training is being required by spacial provision, the contractor will
be required to collect and report Training data.
III. NONSEGREGATED FACILITIES
(Applicable to all Federal-aid construction contracts and to all
related subcontracts of $1D,DOD or more.)
of this bid, the execution of This conlracl or
bidder, Federal-aid conslruc-
ial supplier, or vendor, as
not maintain or provide for its
al any location, under its control, where segrec
maintained. The firm agrees that a breach ^f lh
violation of the EEO provisions of this conlracl.
certifies that no employee will be denied access to
on the basis of sex or disability.
b. As used in This certification, the term "segregated facilities"
means any wailing rooms, work areas, reslrooms and washrooms,
restaurants and other eating areas, limeclocks, locker rooms, and
other storage or dressing areas, parking tots, drinking fountains,
recreation or entertainment areas, transportation, and housing
facilities provided for employees which are segregated by explicit
directive, or are, in fact, segregated on the basis of race, color,
religion, national origin, age or disability, because of habit, local
custom, or otherwise. The only exception will be for the disabled
when the demands for accessibility override (e.g. disabled parking).
b. Laborers or mechanics pedorming work in more than one
classification may be compensated at the rate specified far each
classification for the time actually worked therein, provided, that the
employer's payroll records accurately set forth the time spent in each
classification in which work is periormed.
c. All rulings and inlerpretalions of the Davis-Bacon Act and
related acts contained in 29 CFR 1, 3, and 5 are herein incorporated
by reference in this conlracl.
2. Classification:
a. Tlie SI-IA contracting officer shall require that any class of
laborers or mechanics employed under the contract, which is not
listed in the wage determination, shall be classified in conformance
with the wage determination.
b. The contracting officer shall approve an additional classifica-
tion, wage rate and fringe benefits only when the following criteria
have been met:
(1) the work to he 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. If the contractor or subcontractors, as
c. The contractor agrees that it has obtained or will obtain laborers e
identical certification from proposed subcontractors or material classifical
suppliers prior to award o(subconlracts or consummation of material agree on
supply agreements of $10,000 or more and that it will retain such designate
certifications in its files. action taF
IV. PAYMENT DF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal-aid construction contracts exceeding
$2,OOD and to all 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 employed or working upon the
site of the work wit( be paid unconditionally and not less often than
once a week and without subsequent deduction or rebate on any
account [except such payroll deductions as are permitted by
regulations (29 CFR 3) issued by the Secretary of Labor under the
Copeland Act (40 U.S.C. 276c)) the full amounts of wages and bona
fide fringe beneiils (or cash equivalents thereof) due at lime of
payment. The payment shall be computed at wage rates not less
Than those contained in the wage determination of the Secretary of
Labor (hereinafter"the wage determination") which is altached'herelo
and made a part hereof, regardless of any contractual relationship
which may he aliened to exist hatween the contractor or its subcon-
under paragraph 2 of this Section IV and the DOL poster (wH-1;iLl)
or Form FHWA-1495} shall be posted at all times by the contractor
and its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers. For the
purpose of this Section, contributions made or costs reasonably
anticipated for bona fide fringe benefits under Section 1(b)(2) of the
Davis-Bacon Acl {40 U.S.C. 276a) on behalf at laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to
the provisions of Section IV, paragraph 3b, hereof. Also, for the
purpose of Ihis Section, reyular contributions made or costs incurred
for more Than a weekly period (but not less often than quarterly)
under plans, funds, or programs, which cover the particular weekly
period, are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics shall be pard the
appropriate wage rile and fringe benefits nn the wage delerminalion
fur the classification of work actually pedormed, without regard to
skill, except as provided in paragraphs 4 and 5 of This Section IV.
be employed in the add
>, and the contracting
e rate (including the a
appropriate), a report
mtractino officer to the
Administration, Washington, D.C. 20210. The Wage and Hour
Administrator, or an authorized representative, will approve, modify,
or disapprove every additional classification action within 30 days of
receipt and so advise the contracting officer or will notify the contract-
ing officer within the 30-day period that additional time is necessary.
d. in 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 desicnaled for frinoe benefds, where appropriate), the
Administrator
and so advise
officer within
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. Wheneverihe minimum wage rate prescribed in the conlracl
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 staled in the wage
delerminalion or shall pay another bona fide fringe benefit or an
hourly case equivalent thereof.
b. It the contractor or subconlmctor, as appropriate, does not
payments to a Trustee or ocher third person, helshe may
ter as a part of the wages of any laborer or mechanic the
~I of any costs reasonably anticipated in providing bona aide
beneiils under a plan or program, provided, that the Secretary
for has found, upon the written request of the contractor, that
plicable standards oithe Davis-Bacon Acl have been met. The
lary of Labor may require the contractor la set aside in a
ale account assets for the meeting of obliyalions under the plan
Pale
Form FHWA-1273 (Rev. 3-94)
4. Apprentices and Trainees (Programs of the U.S. DOL) and
Helpers:
a. Apprentices:
{1) Apprentices will be permitted to work at less than the
predetermined rate for the work they pedormed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the DOL, Employment and
Training Administration, Bureau of Apprenticeship and Training, or
with a Slate apprenticeship agency recognized by the Bureau, or if a
person is employed in hislher first 90 days of probationary employ-
ment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by
the Bureau of Apprenticeship and Training or a Slate apprenticeship
agency (where appropriate) to be eligible for probationary employ-
ment as an apprentice.
(2) The allowable ratio ofapprentices lojourneyman-level
employees on the job site in any crab classification shall not be
greater than the ratio permilled to the contractor as to the entire work
force under the registered program. Any employee listed on a payroll
al an apprentice wage rate, who is not regrstered or otherwise
employed as slated above, shall be paid not less than the applicable
wage rate listed in the wage determination for the classification of
work actually performed. In addition, any apprentice 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 race on the
wage determination for the work actually performed. Where a
contractor or subcontractor is performing construction on a project in
a Inrality other than that in which its orooram is reoisleretl, the ratios
subcontractor's registered
apprentice must be paid al not less than the rate
istered program for the apprentice's Ievei of
as a percentage of the journeyman-level hourly
tale specified in the applicable wage delermmauon. Apprentces
shall be paid cringe benefits 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
Cringe benefits listed on the wa
classification. If the Administra
determines tha(a different pr
apprentice classification, fringes
determination.
(4) In the event the Bureau of Apprenticeship and Training,
or a State apprenticeship agency recognized by the Bureau, with-
draws approval of an apprenticeship program, the contractor or
subcontractor will no longer be permilled to utilize apprentices at less
than the applicable predetermined rate for the comparable work
performed 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 the predetermined rate for the work
performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced
by formal certification by the DOL, Employment and Training
Administration.
(2) The ratio of trainees lojourneyman-level employees on
the job site shall not be greater than permitted under the plan
approved by the Employment and Training Adminislralion. Any
employee listed on the payroll al a trainee rate who is not registered
and participating in a training plan approved by the Employment and
Training Administration shall be paid not less Than the applicable
wage rate on the wage determination tar the classification of work
actually pedormed. In addition, any trainee pedorming work on the
job site in excess of the ratio permilled under the registered program
shall be paid not less Than the applicable wage tale on the wage
delerminalion for the work actually performed.
(3) Every trainee must be paid at not less than the rate
specified in the approved program (or hislher level of progress,
expressed as a percentage o} the journeyman-level hourly tale
specified in the applicable wage belerminalion. Trainees shall be
paid fringe benefits in accordance with the provisions of the trainee
program. It the trainee program does not mention fringe benefits,
Trainees shall be paid the full amount of fringe benefits fisted on the
wage determination unless the Adminislralor of the Wage and Hour
Division determines that there is an apprenticeship program associ-
ated 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 event 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 rate 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
Transportation as promoting EEO in connection with Federal-old
highway construction programs are not subject to the requirements
of paragraph 4 of this Section IV. The straight time hourly wage roles
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 prime 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-
lorthe lull amount of wages required by the contract. In 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 notice to the contractor, take such action as may be
necessary to cause the suspension of any further payment, advance,
or guarantee of funds until such violations have ceased.
7. Overtime Requirements:
Nu conlraclor 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 m any
workweek in which he/she is employed on such work, to work in
excess o(40 hours in such workweek unless such laborer, mechanic,
watchman, or guard receives compensation al a rate not less than
one-and-one-half limes hislher basic rate of pay for all hours worked
in excess of 40 hours in such workweek.
8. Violation:
Liability far 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, Io such District or to such territory) for liquidated damages.
Such liquidated damages shall be 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 $10 (or
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 Waycs and Liquidated Damages:
Pagc4 Form FhIWA-1273 (Rev. 3-94)
The SHA shall upon its own 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 any other
Federal contract with the same prime contractor, or any other
Federally-assisted conUacl subject to the Contract Work Hours and
Safely Standards Acl, 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 iodh in paragraph
e above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal-aid construction contracts exceeding
$2,000 and io al I 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 wish the Copeland Regulations of 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 of the work and preserved for a period of 3 years from the
date of completion of the contract for al! laborers, mechanics,
apprentices, trainees, watchmen, helpers, and guards working al the
site of the work.
rail contain the name, sc
such employee; his or
lions or costs anticipated for bona title tnnge oenenrs or cash
equivalent thereof the types described in Section 1(b)(2)(B} of the
Davis Bacon Act); daily and weekly number o! hours worked;
deductions made; and actual wages paid. In addition, for Appala-
chiancontracts, the payroll records shall contain a notation indicating
whetherihe 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
program described in Section 1(b)(2)(B) o(the Davis Bacon Act, the
wniraclor and each subcontractor shall maintain records which show
that the commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, that the plan or program
has been communicated in writing io 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 subconlraclor shall furnish, each week
in which any conlracl 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 a!I o! the information required io be
maintained under paragraph 2b of this Section V. This information
may be submilled in any form desired. Optional Form WH•347 is
available for this purpose and may be purchased from the Superin-
tendent of Documents (Federal stock number D29-005-D014-1), U.S.
Government Prinliny Office, Washington, D.C. 20402. The prime
contractor is responsible for the submission of copies of payrolls by
all subcontractors.
d. Each payroll submilled shall be accompanied by a "Stale-
menl of Compliance," signed by fhe contractor or subconlraclor or
hislher agent who pays or supervises the payment of the persons
employed under the conlracl and shall cerlily the Following:
(1) Ihat the payroll fog the payroll period contains the
inlormalion required to be maintained under paragraph 2b of this
Section V and Ihal such information is correct and complete;
(2} that such laborer or mechanic (includiny each helper,
apprentice, and trainee) employed on the conlracl during the payroll
period has been paid the full weekly wages earned, without rebate,
either directly or indirectly, and lhaL na deductions have been made
either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in llte 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 performed, as specified in the
applicable wage determination incorporated into the contract.
e. The weekly submission of a properly executed cerlificalion
set forth on the reverse side of Optional Form WH-347 shall satisfy
the requirement for submission of the "Slalernent of Compliance"
required by paragraph 2d of this Section V.
1. The falsification of any of the above cedifications may
subject fhe contractor to civil or criminal prosecution under 18 U.S.C.
1001 and 31 U.S.C. 231.
g. The contractor or subcontractor shall make [he records
required under paragraph Zb of this Section V available for inspec-
tion, copying, or transcription by authorized representatives of the
SHA, the FHWA, or the DOL, and shall permit such representatives
to interview employees during working hours on the jab. 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. Furthermore,
failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to
29 CFR 5.12.
Vl. RECORD OF MATERIALS, SUPPLIES, AND LABOR
1. On all Federal-aid contracts on the National Highway System,
except those which provide solely for the inslallalion of protective
devices al 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,ODO,ODO (23 CFR 635) 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 to the commencement of work under this contract.
b. Maintain a record of the total cost of all materials and
supplies purchased for and incorporated in the work, and also of the
quantifies of those specific materials 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 to materials and supplies, a final labor
summary of ail contract work indicating the total hours worked and
the total amount earned.
2. At the prime contractor's option, either a single repod covering
ail conlracl work or separate reports for the contractor and for each
subcontract shall be submitted.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall perform wilh'tts own organization conlracl
work amounting to not less than 30 percent (or a greater percentage
if specified elsewhere in the conlracl) of the total original conlracl
price, excluding any specially items designated by the Stale.
Specially items may be performed by subcontract and the amount of
any such specially items performed may be deducted from the total
original conlracl pace before computing the amount of work required
to be performed 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 contractor and
equipment owned or rented by the pnme contractor, with or without
operators. Such term does nal include employees or equipment of
Form FFIWA-1273 (Rev. 3-94) pane 5
a subcontractor, assignee, or agent of the prime contractor
b. "Specially Items" shall be construed to be limited to work
Thal requires Highly specialized knowledge, abilities, orequipment 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 conlracl.
2. The contract amount upon which the requirements set forth in
paragraph 1 of Section VIl is computed includes the cost of material
and manufactured products which are to be purchased or produced
by the conlraclor under the conlracl 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 conlracl.
4. No portion of the conlracl shall be sublet, assigned or otherv/ise
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 conlracl. 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 conlracl.
Vlli. SAFETY: ACCIDENT PREVENTION
1. In the performance of This contract the contractor shall comply
with all applicable Federal, State, and local laws governing safely,
health, and sanitation (23 CFR 635). The conlraclor shall provide all
safeguards, safely devices and protective eyuipmenl and take any
other needed actions as it determines, or as the SHA contracting
officer may determine, to be reasonably necessary to protect the life
and health of employees on the job and the safely of the public and
to protect property in connection with the performance of the work
covered byihe contract.
2. It is a condition of this contract, and shall be made a condition
of each subcontract, which the conlraclor 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 safely, 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 Safely Standards Act (40 U.S.C. 333).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that
the Secretary of Labor or authorized representative thereof, shall
have right of entry to any site of conlracl 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 of the Contract Work Hours and Safety Standards Acl
(4D 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 specifications and a high degree of
reliability on statements and representations made by engineers,
contractors, suppliers, and workers on Federal-aid highway projects,
it is essential Thal all persons concerned with the project pedorm their
functions as carefully, Thoroughly, and honestly as possible. Willful
falsification, distortion, or misrepresentation with respect to any facts
related to the project is a viotalion of Federal law. To prevent any
misunderstanding regarding the seriousness of These and similar
acts, the following notice shall be posted on each Federal-aid
highway project (23 CFR 635) in one or more places where it is
readily available to all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-Alp
HIGHWAY PROJECTS
10 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent or employee of the United
States, or of eny State or Territory, or whoever, whether a person,
association, firm, or rnrporation, knowingly ma!<es any false state-
ment, false representation, or false report as to the character, quality,
quantify, or cost o/the material used or to be used, or the quantity or
quality of the work performed or to be performed, or the cost thereof
in connection with the submission of plans, maps, specifications,
contracts, or costs of construction on any highway or related project
submitted (or approval to the Secretary o(7ransportation; or
Whoeverknowinglyinakes any false statement, false representa-
tion, false repor! or false claim with respect to the character, quality,
yuarrtily, or cost of any work performed or fo be performed, or
materials furnished or to be furnished, in connection with the
construction o/ any highway or related projec! approved by the
Secretary of 7ransportaiion; or
Whoeverknowinglyinakes any false statement or false representa-
tion as to material fad in any statement, certificate, or report
submitted pursuant to provisions of the Federal-aid Roads Acf
approved Jufy 1, 1996, (39 Stat. 355), as amended and supple-
mented;
Shalt be fined not more that $90,000 orimprisoned not more Phan
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 conlracl, or
subcontract, as appropriate, the bidder, Federal-aid construction
conlraclor, 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 seg., as amended by Pub.L. 91-604),
and under the Federal Water Pollution Control Act, as amended (33
U.S.C. 1251 et se ., as amended by Pub.L. 92-500), Executive Order
11738, and regulations in implernentaiion thereof (40 CFR 15) is not
listed, on the date of conlracl award, on the U.S. Environmental
Protection Agency (EPA) List of Violating Facilities pursuant to 40
CFR 15.20.
2. Thai the firm agrees to comply and remain in compliance with all
the requirements of Section 114 of the Clean Air Acl and Section 3D8
of the Federal Water Pollution Control Act and all regulations and
guidelines listed thereunder.
3. Thal the firm shall promptly notify the SHA of the receipt of any
communication from the Director, Office of Federal Activities, EPA,
indicating Thal a facility that is or will be utilized for the conlracl is
under consideration to be listed on the EPA List of Violating Facilities.
4. That 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 further agrees to take such action as the
government may direct as a means of enforcing such requirements.
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY 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 certification 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 iransaclion. The prospective parlicipanl shall submit an
explanation of why it cannel provide the certification set out below,
The cerlificalion or explanation will be considered in connection with
the deparimenl or agency's delerminalion whether to enter info this
transaction, hlowever, failure of the prospective primary parlicipanl
to furnish ei cerlificalion or an explanation shall disqualify such a
person from participation in this transaction.
c. The cerlificalion in this clause is a material represenlabon
of fact upon which reliance was placed when the deparimenl or
agency determined to enter into this iransaclion. If it is later deter
mined that the prospective prirnary parlicipanl knowingly rendered an
erroneous cerlificalion, in addition to other remedies available to the
Federal Government, the deparimenl or agency may terminate this
Page [i Form Ft-IWA-1273 (Rev. 3-94)
transaction for cause of default.
d. The prospective primary participant shall provide immediate
written notice to the department or agency to whom ibis proposal is
submitted if any Time 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
pefinilions and Coverage sections of rules implementing Executive
Order 12549. You may contact the deparlmenl or agency to which
this proposal is submitted for assistance in obtaining a copy of those
regulations.
t. The prospective primary participant agrees by submitting this
proposal that, should the proposed covered lransaclion be entered
into, it shall not knowingly enter into any lower tier covered lransac-
lion with a person who is debarred, suspended, declared ineligible,
or voluntarily excluded from participation in this covered lransaclion,
unless authorized by the deparlmenl or agency entering into this
transaction.
g. The prospective primary padicipant further agrees by
submitting this proposal that it will include the clause tilled "Certifica-
tion Regarding Debarment, Suspension, ineligibility and Voluntary
Exclusion-Lower Tier Covered Transaction," provided by the
department or agency entering into this covered transaction, wllhout
modification, in all lower tier covered transactions and in all solicila-
lions for lower tier covered transactions.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the
cediticalion is erroneous. A parlicipanl may decide the method and
frequency by which it determines the eligibility of its principals. Each
participant may, but is not required io, check the nonprocuremenl
portion of the "Lists of Parties Excluded From Federal Procurement
or Nonprocuremenl Programs" (Nonprocurement List) which is
compiled by the General Services Administration.
i. 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.
j. Except for Iransaclions authorized under paragraph f 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
parlicipalion in this lransaclion, in addition to other remedies available
to the Federal Govemrnenl, the deparlmenl 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 far
debarment, declared ineligible, or voluntarily excluded from covered
Iransaclions by any Federal deparlmenl or agency;
b. Have not within a 3-year period preceding this proposal
been cnnvicled of or had a civil judgement rendered against them far
commission of fraud or a criminal oftense in connection with obtain-
ing, attempting io obtain, or performing a public (Federal, 51a1e or
local) transaction or contract under a public lransaclion; 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 properly;
c. Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph 16 of
this cerlificalion; and
d. Have not within a 3-year period preceding this applica-
tion/proposal had one or more public transactions (Federal, Stale or
local) terminated for cause or default.
2. Where the prospective primary parlicipanl is unable to certify to
any of the statements in this certification, such prospective participant
shall attach an explanation to this proposal.
2. Instructions far Certification -LowerTier Covered Transac-
tions:
(Applicable to all subcontracts, purchase orders and other lower
tier transactions of $25,ODD 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 it is later determined that the prospective lower tier
participant 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-
ale•writlen notice to the person to which this proposal is submitted if
at any time the prospective lower tier participant learns that its
certiiicalion was erroneous by reason of changed circumstances.
d. The terms "covered lransactien," "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 lower tier participant agrees by submitting
this proposal that, should the proposed covered lransaclion be
entered info, it shall not knowingly enter into any lower tier covered
lransaclion with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the deparlmenl or agency with
which this lransaclion originated.
i. The prospective lower tier participant lurlher agrees by
submitting this proposal that it will include This clause tilled "Certifica-
tion Regarding Debarment. Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transaction," without modification, m
all lower tier covered Iransaclions and in all solicilalions for lower tier
covered Iransaclions.
g. A parlicipanl in a covered Iransacfion may rely upon a
cerlificalion of a prospective parlicipanl in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily
excluder! from the covered Iransacfion, unless if knows Thal the
cerlificalion is erroneous. A parlicipanl may decide the method and
Form FFIWA-1273 (Rev. 3-94) P~~e7
frequency by which it determines the eligibility of its principals. Each
participant may, but is not required tc, 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
i good faith the cerlfficalion required by Ihis clause. The knowledge
and iniormalion of participant rs not required to exceed that which is
~ normally possessed by a prudent person in the ordinary course of
business dealings.
i i. Except for transactions authorized under paragraph a of
(hese instructions, if a participant in a covered Iransaclion knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
~ participation in this transaction, in addition to other remediesavailahle
to the Federal Government, the department a agency with which this
transaction originated may pursue available remedies, including
suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of
Ihis proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or volun-
tarily excluded from participation in this Iransaclion 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
parlicipanl shall attach an explanation to this proposal.
XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR L088YING
(Applicahle to all Federal-aid construction contracts and to all
related subcontracts which exceed $100,000 - 4g CFR 20)
1. The prospective participant certifies, by signing and submitting
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 he
paid, by or an behalf of the undersigned, to any person for influencing
or attempting Io influence an officer or employee of anyy Federal
agency, a Member of Congress, an officer or employee of Conyr ess,
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
agreement, and the extension, continuation, renewal, amendment, or
rnodificalion 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 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 this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Farm to 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 info.
Submission of this certification is a prerequisite formaking orentering
into this transaction imposed by 31 U.S.C. 1352. Any person who
fails to file the required certification shall be subject to a cavil penalty
of not less than $1 DODO and not more than 2100,000 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
certification be included in all lower tier subcontracts, which exceed
$1DO,ODO and that all such recipients shall certify and disclose
accordingly.
~anea Form FI-IWA-1273 (Rev. 3-94)
ATTACHMENT A - EMPLOYMENT PREFERENCE FOR
APPALACHIAN CONTRACTS
(Applicable to Appalachian contracts only.)
1. During the performance of this contract, the 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 DOI- wherein the conlracl work
is situated, or the subregion, or the Appalachian counties of the Sia1e
wherein the conlracl work is situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the conlraclor to employ
supervisory or specially experienced personnel necessary to assure
an efficient execution of the contract work.
c. For the obligation of the contractor le offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident persons
employed under this subparagraph 1 c shall not exceed 20 percent of
the total number of employees employed by the contractor on the
conlracl work, except as provided in subparagraph 4 below.
2. The conlraclor shall place a job order with the State Employ-
ment Service indicating (a) the classifications of the laborers,
mechanics and other employees required to pedorm the conlracl
work, (b) the number of employees required in each classification,
(cj the date on which he 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
placed wilts the State Employment Service in writing or by telephone.
If during the course of the contract work, the iniormabon submitted by
the contractor in the original job order is substantially modified, he
shall promptly notify the Stale Employment Service.
3. The contractor shall give full consideration to all yuali(ied job
applicants referred In 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.
4. If, within 1 week foAowing the placing of a job order 6y the
contractorwith the Stale Employment Service, the Stale Employment
Service is unable to refer any qualified job applicants to the contrac-
tor, or less than the number requested, the Slate Employment
Service will forward a certificate to llte conlraclor indicating the
unavailability of applicants. Such certificate shall be made a part of
tfre contractor's permanent project records. Upon receipt of this
cedificale, the contractor may employ persons who do not normally
reside in the labor area to fill positions covered by the certificate,
nolwithsianding the provisions of subparagraph 1c above.
5. The conlraclor 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-sale work.
Form FHWA-1273 (Rev. 3-94) rage s