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HomeMy WebLinkAboutFirst Amendment - Phillips & Jordan, Inc.a~~~~- ~~~~~' FIRST AMENDMENT ,~;°~ ~{. TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, F40RIDA, AND ~'~ PHILLIPS & JORDAN, INC, FOR DISASTER DEBRIS RECOVERY SEFtV1CES~,~ ;' E-1C~ 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 Phillips & Jordan, Inc, whose principal address is 191 P and J Road, P.O. Box 604, Robbinsville, North Caroline 28771. 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 Phillips & Jordan, 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 Phillips & Jordan, 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~rge onzalez, Mang r Attest: ' ~2G "f" (Print Name) v : -. i ~ ' ORE'ORgT 2 PHILLIPS & JORDAN, INC = a G ~ ~'s n ~~~~ ~~ J ~~~`,~~;~~ ~ APPROVED AS TO Print Name ~~"T°r~`~NGUAGE ( ) ~fc FOR J=)?CECUTION 7 ~~~. ~ D to ~~ U.5 Department o(Transporlation Federal Highway Administration September 12, 20001 Mr. Denver .I. Studer, ar., P.E. Secretary ol'Transportation Florida Department of Transportation Tallahassee, >Forida Dear Mr. Stotler: Attention: Mr. Ananth 1'rasad Subject: Emergency Relief (ER) Program Requirements 545 John Knox Road, Suite 200 Tallahassee, Florida 32303 (850) 942-9650 In Rchly Rclcr Tu: 1-11~~-Fl. The purpose of this fetter is to clarify the FHWA's I'equlrell7entS fol' e171eI'genCy alld perlllanet]t 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 3uly 1 1, 2006. We agree there is a statewide need to clarify the application of the ER criteria to emergency repair contracts, peI-tllanent restoration projects, and work performed by state or local forces. Duritlg 2004 and 2005 Florida was impacted by 8 hun•icanes resulting in substantial reinlbur5cment from FHVVA's emergency relief p.rogranl, for both emergency and permanent repairs totaling over $1.5 billion. Due to the unprecedented impact of these storms 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 conh•act requirements. Of particular importance is the need for Local Agencies to better understand our requirements. Emergency Repairs Emergency repairs are those re}]airs during (meaning a~Ffer land:Fall) and immediately following a c[isaster, v~~hich can begin immediately without Fl-TWA's prior approval. Pernlanenl repairs require FHWA review and approval prior to contract advertisenlenl. To be eligible for emergency repair the work performed must always lllCet Otle of the '1O110WIng thl'ee COnChtlolls: 1. To restore essential traffic 2. To minimize the extent of the damage 3. To protect the remaining facility ,;~ ,. .~ ~. .: ~ ~., , - :, f -,~, __ ~ ~~'y `~~~~~ Mr. Denver J. Stotler, .h'., P.E September 12, 2006 Please note that. based on current ER guidance, 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 aucl other baelc up material should be made availttible to our Transportatior.~ Engineer, and will be attached to the DDIR at that lime. Our expectation is that there should not be a request to write a DDIR for ongoing work, without having the contract documents available to FH~JA staff. For permanent work the DDIR will be written without this documentation, because the work will not be undec-way and will be perfonmed following normal procedures. Contract Requirements: Listed below are the basic federal-aid requirements that must be followed for emergency repair projects and pern~anent restoration projects. These requirements apply to all State and Local Agency contracts for both emergency and pern~anent restoration types of projects. These requirements cannot be waived just because there is a State or FEMA emergency declaration. 1. FHVdA Forn~ 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 httn:!/www.fl~~~~a.dot Gov/constriction/egit'dbacotl htm 3, Buy America 4. Disadvantaged Business Enterprises (DBE) 5. Americans with Disability Act (ADA) 6. Convict Labor- Prohibition Additiorlall~f, for emergenc>> work it is important to remermber to take the following into account: l . Etmergency repair projects under the ER Program mull comply wil:h the requirements of the National Environmental Policy Act (NEPA). Negotiated or solicited contracts are allowed for emergency work, but their use should be minimized. Some type of competitive bids are the preferred method. Regardless of the contract method, there should be docutmentation on how contracts are negotiated, solicited, or openly bid. Mr. Denver .I. Spitler, .Ir., I'.L September 12, 2006 PeI'mel]talt V1+OrlC 1S 17tlndled lltSt IIICe it 1]01-11181 l(;dGr£II-~llCl pI'OJect, bLlt 0811 be expeCllteCl SO IOIlg a5 the 1'egLllt'ell]el]LS 8r(: 171et. Pe]'111811ent 1'ep8lr5 1"egLlll'e i"FIWA I'e\+1L'1N al]d approval in adval]ce of contract advertisement. A detailed engineer's estimate and competitive bids are required like. on normal federal-aid pro.jecls, 1?Llt the LISe O'FabbreVlateCl pI811S, a shortened advertisement period, etc; are appropriate depending on the scope of the work. State and Local Force Account: The Fl-1 WA .Farm 1273 al1CI D8V15 138(:011 p]'OVlS10nS CIO Ilot apply to slate and local employees performing ER vrorlc by force account (actual cost of labor, equipment and materials). A public interest finding is not required for emergency work, but is required instate or local employees pel-Forn] permanent work. Use of.loint Participation Anreements (.iPA's) or Local A~enc Pro~ranl (LAP) A€Treement5 The FHWA has previously agreed to accept the use of JPA's for the perforn]auce of emergency work. Local agencies must be LAP certif ed to perf'onn permanent work. if you have any questions, please contact Mr. Chris Richter at 942-9650. Sincerely, /s/ ~. Chris Richter For: David C. Gibbs Division Administrator Enclosure cc: Mr..lames .lobe, FDOT (MS-21) .ICR:a~a~a bc: C'IZ, SG, RG S:TcchSystemslLR regs for contracts d DUIR's.doc Flle: 4(IG REQUIRED CONTRACT PROVISIONS FEbERAL-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 VII. Subletting or Assigning the Contract ............ ... 5 VIII. Safety: Accident Prevention ................... .. 6 IX. False Statements Concerning Hiyhway Projects .... .. 6 X. Irnplementalion of Clean Air Acl and Federal Water Pollution Control Acl .................... .. 6 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ............. .. 6 XII. Certification Regarding Use of Contract Funds for Lobbying .................................. .. 8 ATTACHMENTS A. Employment Preference for Appalaohian Contracts (included in Appalachian contracts only) L GE NERAL 1. These conlracl 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 to all work performed on the contract by piecework, station work, or by subcontract 2. Except as otherwise provided for in each section, the conlraclor shat! insert in each subcontract all of the stipulations contained in these Required conlracl Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in tum be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall6e responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contraol Provisions. related subcontracts o($10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportu- nity (EEO) requirements not to discriminate and to take afUrrnative action to assure equal opportunityy as set forth under laws, executive orders, rules, rogulalions (2D CFR 35, 29 CFR 11130 and 41 CFR 60) and orders of Ilse Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant l0 23 U.S.C. 140 shell constitute the EEO and specific affirmative oclion standards Far the contractor's project activities under thisconlracl. The Equal Opportu- nity ConsWction Contract Specificaliens eel forth under 4l CFR 6D- 4.3 and the provisions of the American Disabilities Acl of 1990 (42 U.S.C. 721 D1 el seg.) eel forth under 28 CFR 35 and 29 CFR 1fi30 are incorporated by r©ference in this contract. In the execution of this contract, the conlraclor agrees to comply with the following minimum specific requirement aclivilies of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Govemmenl in carrying out EEO obligations and in their review of his/her aclivilies under the contract. ' b. The contractor will accept as his operating policy the following statement: "Il is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard io their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; IayoH or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship, preapprenticeship, andlor on-the job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibililyiorandmust becapable of eHeclively adminisleringand promoting an active contractor program of EEO and who muss be assigned adequate authority and responsibility to do so. 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 !or debarment as provided in 29 GFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2,.3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising ovl of the Tabor standards provisions of Section IV (except paragraph 5} and Section V of these Required Coniracl 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, fi, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subconlraclors) and the conlracling agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the pedormance of this conlracl, the contractor shall not a discriminate against labor from any other Stale, possession, orlerritory of the United Slates (except for employment preference tar Appalachian contracts, when applicable, as specified in Attachment A), or b. empty convict labor for env purpose within the limits of the project unless it is labor performed ~by convicts who are on parole, supervised release, or probation. IL NONUISCRIMINATION (Hpplicable to all Federal-aid conslruclion contracts and to all 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 oclion, will be made fully cognizant oi, and will implement, the contractor's 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, at which lime the contractors EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EED 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 (heir reporting for duly with the conlraclor. c. All personnel who are engaged in direct recruitment for the project wiH 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 planed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to imple- menl such poficy 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 conlraclor will include in all adverlisemenis for employees the notation: "An Equal Opportunity Employer" All such advertisements will he placed Form FFIWA-1273 (Rev. 3-94) Page ~ in publications having a large circulation among rninorily groups in the area Irom which the project work force would normally he derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recrultmenf through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the conlraclor will identify sources of polenlial minority group employees, and establish with such identlhed sources procedures whereby minority group applicants may be referred to the conlraclor for employment consider- ation. b. In the even) the conlraclor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreernenl to the extent Thal the system permlls the contractor's compliance with EEO conlracl provisions. (The DOL has held Thal where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the conlraclor to do the same, such irnplemenlalion violates Executive Order 11246, as amended.) c. The contraclorwill encourage his present employees to refer minority group applicants for employment. Information and proce- dures with regard to referring minority group applicants wilt be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shalt be established and administered, and personnel actions of every type, including hiring, upgrading, promo(ion, transfer, dernolion, 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 discriminalory treatment or project site personnel. b. The oonlractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discdmi- natory 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 contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such com- ptaints,and will lake 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 oonlractor 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. Consistent with the contractor's work force requirements and as permissible under Federal and Stale regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the job training programs far the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their tirsl year of apprenticeship or training. In the event a special provision for training is provided under ibis conlracl, this subparagraph will be superseded as indicated in the special provision. c. The conlraclor will advise employees and applicants for employment of available (raining programs and entrance require- ments for each. d. The conlraclor will periodically review the training and promotion polenlial of minority group and women employees and will encourage eligible employees !o apply for such training and promo- tion. ~ Unions: If the conlraclor relies in whole or in pan upon unions as a source o1 employees, the conlraclor will use hislher bell efforts lv obtain the cooperation of such unions Iv 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 to develop, in coopera- lion with the unions, joint traininy 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 lfrat they may qualify (or higher paying employment. b. The conlraclor will use best efforts to incorporate an EED clause into each union agreement to the end that such union will be conlraclually bound to refer applicants without reyard to their race, color, religion, sex, national origin, age or disability. c. The conlraclor is to obtain information as to the referral practices and policies~of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the conlraclor, the conlraclor shall so certify to the SHA and shall set forth what efforts have been made Iv obtain such information. d. In the event the union is unable to provide the conlraclor with a reasonable flow of minority 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 lull efforts to obtain qualified andlor qualifiable minority 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 tailed to refer minority employees.) fn the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately nollfy the SHA. t3. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discdrninale 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 conlraclor shall notify all potential subcontractors and suppliers of hislher EEO abligaiions 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 info pursuant to this contract. The conlraclor will use his best efforts to solicit bids Irom 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 efforts to ensure subconlrac- lorcompliance with their EEC obligations. 9. Records and Reports: The contraclorshall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years fallowing completion of the contract work and shall be available al 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 classificalien on the project; (2} The progress and efforts being made in cooperation with unions, when applicable, In increase employment opportunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors of subcontractors with meaningful minority and female representation among (heir employees. b. The conlraclors will submit an annual report In the SFIF'~ Paycz Form FHWA-1273 (Rev.3-94} each Juty for the duration of the project, indicating the number of minority, women, and non-rninorily group employees currently engaged in each work classification required by the conlrac( work. Thrs mlormalion is to be reported on Farm FHWA-1391, If on-Ihe job Iraininy is being required by spacial provision, Ihe contractor will be required to collect and report (raining data. III. NONSEGREGATED FACILITIES (Applicable to all Federal-aid conslruclion contracts and to all related subcontracts ^f $10,ODD or more.) a. By submission of this bid, the execution of (his contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid conslruc- lion conlraclor, subcontractor, material supplier, or vendor, as appropriate, cerflfies that the frrm does not maintain or provide far its employees any segregated facilities at any of its establishments, and that Ihe firm does not pemtll its employees to perform (heir services al any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of This cerii(icalion is a violation of the EEO provisions of this conlrac(. The firm further certifies Ihal no employee will be denied access la adequate facilities on the basis of sex or disability. b. As used in this cedification, s any wailing rooms, work are. fronts and other eating areas, storage or dressing areas, p. 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 tS10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE {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 minor collectors, which are exempt.) 1. General a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without suhsequenl 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 Acl (AO U.S.C. 276c)) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due a! lime of payrnenl. The payment shall be computed al wage rates not less than those contained in the wage delerminalion of the Secretary of Labor (hereinatler"Ihe wage determination") which is atlached'herelo and made a Dart hereof. regardless of env cnntraclual relationshio (rectors and such laborers and mechanics. The wage delerminalion (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted al all limes by Ihe conlraclor and its subcontractors al the site of the work in a prominent and accessible place where it can be easily seen by the workers. For Ihe purpose of this Section, contributions made or costs reasonably anlicipaled for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Ac((4D U.S-C. 276a) on behal(of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to Utt: provisions of Sechon IV, paragraph 3b, hereof. Also, for the purpose of Ihis Section, regular contributiens made or costs incurred for more Ihan a weekly period (but not less open than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such WP.ekly period. Such laborers and mechanics shall be paid Ihe appropriate wage tale and fringe benefits nn the wage delerminalion for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of Ihis Secbon IV. b. Laborers or mechanics pedorming wort: in more than one classification may be compensated al the rate specified for each classification for the time actually worked therein, provided, Ihal Ihe employer's payroll records accurately set forth Ihe lime spent in each classification in which work is performed. c. All rulings and inlerprelalions of Ihe Davis-Bacon Acl and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this conlrac(. 2. Classification: a. The SI-IA contracting officer shall require Thal any class of laborers or mechanics employed under the contract, which Is not listed in the wage delerminalien, shall be classified in contorrnance with Ihe wage delerminalion. b. Tha conlracling officer shall approve an additional classlrica- lion, wage rate and cringe benefits only when the following criteria !rave been met: (1) the work to be performed by the additional classifica- tion requested is net performed by a classification in the wage delerminalion; (2) -he additional classification is utilized in Ihe area by Ihe construction industry; (3) Ihe proposed wage tale, including any bona fide fringe benefits, bears a reasonable relationship fo 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. ff the conlraclor or subcontractors, as laborers and mechanics (if known) to be employer classification or their representatives, and the c agree on the classification and wage rate (inclu designated for fringe benefits where appropriate', action taken shall be sent by the contracting oft Administration, Washington, D.C. 2D210. The Wage and Hour Administrator, or an authorized representative, will•approve, modify, or disapprove every additional classification action within 3D days of receipt and so advise Ihe contracting officer or will notify the conlracl- ing officer within the 3D-day period Thal additional time is necessary. the event the contractor or subcontractors, as to the Wage and Hour lion within 30 days of receipt and so advise the contracting officer or will notify the conlracling officer within the 3D-day period Thal additional lime is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d oT 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 l3enefits: a. Wheneverthe minimum wage rate prescribed in the conlrac( fora class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the conlraclor 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. II the conlraclor or subcontractor, as appropriate, does not make payments Io a trustee or other third person, he/she may consider as a part of Ihe wages or any laborer or mechanic the amount of any costs reasonably anlicipaled in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon Ihe written request of the conlraclor, that the applicable standards of the Davis-Bacon Acl have been met. The Secretary of Labo: may require the conlraclor lu set aside in a separate account assets for the meeting of obligations under the plan or program. Form FHWA-1273 (Rev. 3-94) Panr:3 l 4. Apprentices and Trainees (programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices well be permitted to work al 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, Gmployrnenl and Training Hdministration, Bureau of Apprenticeship and Training, or wllh a Stale apprenticeship agency recognized by the Bureau, or if a person is employed in his/her firs( 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 cerfi6ed by the Bureau of Apprenticeship and Training ore Stale apprenticeship agency (where appropriate) to be eligible for probationary employ- {2) The allowable ratio of apprentices to journeyran-level employees on the job site in any cra(I classification shall not be greater than the ratio permilled to the conlraclor as to the entire work force under tfre registered program, Any employee listed on a payroll a! an apprentice wage rate, who is not registered or otherwise employed as staled 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 Bile in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually pedormed. Where a conlraclor or subcontractor is performing construction on a project in a locality other than that in which its program is registeretl, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed, (3} Every apprentice must be paid al no( less than the rate specified in the registered program for the apprentice's level of ~licable wage delerminalion, Apprentices Fits in accordance with the provisions of the If the apprenticeship program does not pprenlices must be paid the full amount of the wage determination for the applicable ninislrator for the Wage and Haur Division rent practice prevails for the applicable fringes shall be paid in accordance with that (4) In the even) 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 al less than the applicable predetermined rate for the comparable work performed by regular employees Lntil an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permilled to work at less than the predetermined tale for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by lormal cerlificalion by Ilte DOL, Employment and Training Administration. (2) The ratio of trainees lojourneyman-level employees on the job site shall not be greater Than permilled under the plan approved by the Employment and Training Administration. Any employee listed on the payroll al a Trainee rate who is not registered and participating in a irainmg plan approved by the Employment and Training Adminislralion shall be paid not less than the applicable wage rate on the wage delerminalion for the classification of work actually pertormed. In addition, any Trainee performing work on the job site in excess of the ratio permilled under the registered program shall be paid not less Than the applicable wage rate on the wage delerminalion for Ihc. work actually pedormed. (3) Every trainee must be paid al no( less Than the tale specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage delerminalion. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. I( lice Trainee program does not mention fringe benefits, Irainees shall be paid the full amount of Iringe benefits listed on the wage delerminalion unless the Adminislralor of the Wage and Hour r'agc rt Division determines that there is an apprenticeship program associ- ated with Ihecorrespandingjourneyman-level wage raleon the wage determination which provides for less than lull fringe benefits for apprentices, in which case such Irainees 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 conlraclor or subconlraclor will no longer be permitted to utilize trainees at less Ihari /lie applicable predetermined tale tut the wort; performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project iI the helper classification is specified and defined on the applicable wage delerminalion or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll al a helper wage rate, who is not a helper under a approved de6nllion, shall be paid not less Than the applicable wage rate on the wage delermina- lion for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DDT): Apprentices and trainees working underapprenticeship and skill training programs which have been certified by the Secretary a( Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of This Section IV. The straight time hourly wage rates for apprentices and 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 5HA shall upon its o' an authorized representative of any other rederal contract wrtn the same prime contractor, or other Federally-assisted contract subject to Oavis-Bacon prev2 wage requirements which is held by the same prime contracto. much of the accrued payments or advances as may be consld failure to pay any laborer or mechanic, including any trainee, or helper, employed or working on the site of the part of the wages required by the contract, the SHA contra may, after wdllen notice to the contractor, take such attic necessary to cause the suspension of any further paymer or guarantee of funds until such violations have ceased. 7. Overtime Requirements: or No 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 in any workweek in whioh he/she 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-hall limes his/her basic rate of pay for all hours worker/ in excess et 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of Ute clause set lorlh in paragraph 7 above, the conlraclor and any subconlraclor responsible Ihereol shall be liable to the affected employee for his/her unpaid wages. in addition, such conlraclor and subconlraclor shall be liable to the United Stales (in the case of work done under contract for the Dislricl of Columbia or a lerritoiy, to such Dislricl or fo such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph -r, in the sum of 9.1 U for each calendar day on which such employee was required or permil- led to work in excess of the standard wort; week of 40 hours without payment of the overtime wages required by the clause set lorth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: Form Ff-IWG~-1273 (Rev. 3-94) shall upon i!s awn action or upon wrfllen request of any representative of the DOL withhold, or cause to be rm any monies payable on account of work performed by or or subconlraclor under any such contract or any other ilracl with the same prime conlraclor, or any other >sisled conlracl subject to the conlracl Work Flours and Bards Act, which is held by the same prime conlraclor, as may be delerrnined to be necessary to satisfy any such conlraclor or subconlraclor for unpaid wages and images as provided in the clause set torah in paragraph V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding 52,000 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 conlraclor shall comply with 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 Iherelo shall be maintained by the contractor and each subconlraclor during the course of the work and preserved for a period of 3 years from the date of completion of the conlracl for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working al the site of the work. 6. The payroll reconJs 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 o(contribu- tions or costs anticipated for bona fide cringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the any n or the plan or program is financially responsible, that the plan or program has been communicated in wriirng to the laborers or mechanics aflecled, 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 regislralion oT apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. ~. Each conlraclor and subconlraclor shall furnish, each weal; 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 submilled shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This intormalion may be submitted in amp form desired. Optional Form WH-347 is available for this purpose and may be purchased Irom the Superin- tendent of Documents (Federal stock number 029-DOS-0014-1 ), U.S. Government Printing Office, Washington, D.C. 2D402. The prime conlraclor is responsible for the submission of copies of payrolls by all subconlraclors. d. Each payroll submilled shall be accompanied by a "5tale- menl of Complianre," signed by the contractor or subconlraclor ur hislher agent who pays or supervises the payment of the persons employed under the conlracl and shall certify the following: (1) that the payroll for the payroll period contains the intormalion required to be maintained under paragraph 2b of this Serlion \/ and that such intormalion is correct and complete'. (2) that such laborer or mechanic (including each helper, apprentice, and Trainee) employed on the conlracl during the payroll period has been paid the full weekly wages earned, wilhoul rebate, ellher directly or indirectly, and that no deductions have been made either directly or indirectly from the full wayes earned, other than permissible deductions as set forth in the Reyulalions, 29 CFR 3; (3) that each laborer or mechanic has been paid not less Thal the applicable wage rate and binge benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the conlracl. 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 lire "Statement of Compliance" required by paragraph 2d of This Section V. f. The falsification oI any of the above cedificalions may subject the conlraclor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. shall make the records i V available for inspec- j reoresenta(ives of the to interview employees during working hours on the job. II the conlraclor or subcontractor tails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the conlraclor, 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 maybe grounds for debarment action pursuant to 29 CFR 5.12. Vl. RECORD OF MATERIALS, SUPPLIES, AND LA60R 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 S1 ,DOO,OOD (23 CFR fi35) the contraclorshall: a. Become familiar wish 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 conlracl. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities 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 all conlracl work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, eilhera single report covering all conlracl work or separate reports for the conlraclor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CDNTRACT 1. The conlraclor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage ii specified elsewhere in the conlracl) of the total original conlracl price, excluding any specially items designated by the Slate. Specialty items may be performed try subcontract and the amount of any such specially items performed may be deducted from the total original conlracl price before computing the amount of work required to be performed by the contractor's own organization (Z3 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 conlraclor, with or wilhoul operators. Such term does not include employees or equipment of form FHWA-1273 f,Rev. 3-94) Faye .`~ a subconlmclor, assignee, or agent of the prime contractor b. "Specially Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equiprnenl not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whale and in general are to be limited to minor components of the overall conlracl. 2. The conlracl amount upon which the reyuiremenls set forth in paragraph 1 of Section VII 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 conlraclor shall furnish (a) a competent superinlendenl or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the conlracl require- ments, and is in charge of all conslruclion opemlions (regardless of who pedorms the work) and (b) such other of its own organizational resources (supervision, manayemenl, and engineering services) as the SHA contracting olFicer determines is necessary to assure the pedormance of the conlracl. 4. No portion of the conlracl shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting oNicer, or authorized representative, and such consent when given shall not be construed to relieve the conlraclor of any responsibility for the fulfillment of the conlracl Written consent will be given only after the SHA has assured that each su6conlracl is evidenced in writing and that it contains all pertinent provisions and requirements of the prime conlracl. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of Ihis contract the contractor shall comply with all applicable Federal, Stale, and local laws governing safety, health, and sanilalion (23 CFR 635). The contractor shall provide all safeguards, safety 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 life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. Il is a condition of this conlracl, and shall be made a condition of each subcontract, which the contractor enters info pursuant to this conlracl, that the conlraclor 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 his/her 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 conlracl Work Hours and Safely Standards Act (40 U.S.C. 333). 3. Pursuant l0 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized represenlalive thereof, shall have right of entry to any site of conlracl pedormance to inspect or investigate the mailer of compliance with the conslruclion safely and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Acl (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable conslruclion in confor- mity with approved plans and specifications and a high degree of reliability on statements and represenlalions made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential Thal all persons concerned with Ilse project perform their functions as carefully, thoroughly, and honestly as possible. Willful talsificalion, distortion, or misrepresentation with respect to any facts related Io the project is a violation of Federal law. To prevent any rnisunderslanding 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 availahle to all persons concerned with the project NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 10 U.S.C. 1020 reads as follows: "Whoever; bernq an offrcer, agent, or employee of the United Stares, or of an}~ Slate or Terrifor)~, or whoever, whether a person, association, brm, or corporation, Knowingly makes any false slale- ment. !also representation, orlalse report as to the character, qualtyy, quantity, or cost o(the material used or to be used, or the quantify or quality o(fhe work performed or to be performed, or the cost thereof in connection with the submission o/ plans, maps, specifications, contracts, or costs o! conslruclion on any highway or related project submitted for approval to the Secretary of Transportation; or Whoeverknowingly makes any false statement, false represenfa- fion, false report or false claim with respect to the character, qualify, yuanfily, ur cos! of any work performed or to be performed, or materials lumished or fo be Iurnished, in connection wffh the construction of any highwa}~ or related project approved b}~ the Secretary of Transpodafion; or Whoeverknowingtymakes anyfalse statement orfafse represenla- lion as fo material (act in any statement, certificate, or repod submitted pursuant !o provisions of the Federal-aid Roads Act approved July 7, 191G, (3g Sfal. 355), as amended and supple- mented; shelf be fined not more that $10, 000 or imprisoned not more than 5 years orboth." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts arid to all related subcontracts of $100,OD0 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 facilfly that fs 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 e1 she ., as amended by Pub.L. 91-6D4), and under the Federal Water Pollution Control Acl, as amended (33 U.5.C.1251 else ., as amended by Pub.L. 92-SDO), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. Thal the firm agrees to comply and remain in compliance with al the requirements ei Section 114 of the Clean AirAcland Section 308 of the Federal Water Pollution Control Acl and all regulations and guidelines listed (hereunder. 3. Thal the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facllily that is or wilt be utilized for the conlracl is under consideration to be listed on the EPA Lisl of Vidlating 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 further agrees to take such action as the govemmenl 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 cerliiication sal out below. b. The inability of a person to provide the certification sal out below will not necessarily result in denial of parlicipalion in this covered Iransaclion. The prospective participant shall submit an explanation of why it cannot provide the certihcahon set out below. The cerlificalion or explanation will be considered in connection with the deparlmenl or agency's delerminalion whether to enter into Ihis transaction. Flowever, failure of the prospective primary participant to furnish a cerlificalion or an explanation shall disqualify such a person Irom parlicipalion in this Iransaclion. c. The cerlificalion in this clause is a material representation of tact upon which reliance was placed when the deparlmenl or agency delerminerl to enter into this Iransaclion. If i! is later deler- mined that the prospective primary participant knowingly rendered an erroneous cerlificalion, in addition to other remedies available to the Federal Government, the deparlmenl or agency may terminate this Banc r Form F f-I W A-1273 (Rev. 3-94 ) Iransacliori for cause of default. d. The prospective primary parlicipanl shall provide immediate written Halite Io the depadmenl or agency to whom this proposal is submilled if any hme the prospective primary parlicipanl learns that its cerlificalion was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered Iransaclion," "debarred," "suspended," "ineligible," "lower tier covered transaction," "parlicipanl," "person," "primarycovered lmnsaclion," "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 department or agency to which this proposal is submitted for assistance in obtaining a copy of (hose regulations. f. Tfte prospective primary parlicipanl agrees 6y submilling This proposal Thal, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transac- tion with a person who is debarred, suspended, declared ineligible, orvolunlarily excluded from participation in Ihis covered transaction, unless authorized by the depadmenl or agency entering into this transaction. g The prospective primary padicipanl further agrees by submitting Ihis proposal that it will include the clause tilled "Certifica- tion Regarding I7ebarmeni, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicita- lionsfor lower tier covered transactions. h. A participant in a covered transaction may rely upon a cerlificalion 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 certification is erroneous. A parlicipanl may decide the method and frequency by which it determines the eligibility of its principals. Each padicipanl may, but is not required io, check the nonprocuremenl portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement 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 parlicipanl 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 1 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered Iransaalion with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this iransaclion, in addition Io other remedies available to the Federal Government, the department or agency may terminate this iransaclion for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Primary Covered Transactions 1. The prospective primary parlicipanl 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 transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civiljudgemenl rendered against them for commission of fraud or a criminal offense in connection with obtain- ing, attempting to obtain, or performing a public (Federal, Stale or local) Iransaclion or contract under a public transaction; violation of Federal or Stale antitrust statutes or commission of embezzlement, /hell, forgery, bribery, talsifica(ion or destruction of records, making false statements, or receiving stolen properly; c. Are not presently indicted iorarolherwise criminally orcivilly charged by a governmental entlly (Federal, Slate or focal) 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- tion/proposal had one or more public transactions {Federal, Stale or local) terminated for cbuse or default. 2. Where the prospective primary padicipanl is unable to certify to anyofthe statements in this cerlificalion, such prospective parlicipanl shall attach an expfanalion io this proposal. 2. Instructions for Certification • LowerTier CoveredTransac lions: {Applicable to elf subcontracts, purchase orders and other lower tier Transactions of ~25,oD0 or more - 49 CFR 29) a. 13y signing and submitting this proposal, the prospective lower tier is providing the certification set ouI 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 Fier participant knowingly rendered an erroneous cerlificalion, in addition to other remedies available to the Federal Government, the depad- menl, or agency wllh which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier padicipanl shall provide immedi- ale•written notice to the person to which this proposal is submitted if at any lime the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered Iransaclion," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in Ihis 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 submilled for assistance in obtaining a copy of those regulations. e. The prospective lower tier parlicipanl agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered lransacliort with a person who is debarred, suspended, declared ineligible, or voluntarily excluded Irom parlicipalion in Ihis covered iransaclion, unless authorized by the depadmenl or agency with which this Iransaclion originated. f. The prospective lower tier parlicipanl further agrees by submilling Ihis proposal Thal it will include Ihis clause filled "Certifica- tion Regarding Debarment, Suspension, Ineligibility and Voluntary . Exclusion-Lower Tier Covered Transaction," without modification, m all lower tier coverer) Transactions and in a(I solicilalions for lower tier covered Imnsaclians. g. H parlicipanl in a covered transaction may rely upon a cerlificalion of a prospective parlicipanl in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded Irom the covered Iransaclier,, unless it knows Thal the cedificalion is erroneous. C~ parlicipanl may decide the method and ~ arm FFIWA-1273 (Rev. 3-94) Fape i frequency by which it determines the eligibility of its principals. Each participant may, but is not required lo, check fhe Nonprocurement List. h, Nothing contained in the foregoiny shall be construed to require establishment of a system of records in order In render in good faith the cerllficalion required by this clause. The knowledge and inlormalien of participant is not required to exceed Ihal which is normally possessed by a Pruden( person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph a of lhes[: instructions, it a participant in a covered Iransaclion knowingly enters into a lower tier covered lmnsaclion with a person who is suspended, debarred, ineligible, or voluntarily excluded from partrapalion in this Iransaclion, in addition to olherremedies available to the Federal Govemmenl, the department or agency wllh 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 this proposal, Ihal neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or volun- tarilyexcluded from padicipalion 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 shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FUR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subconlracls which exceed $1D0,000 -4g CFR 20} 1. The prospective participant certifies, by signing and submitting Ihis bid or proposal, to the bell of his or her knowledge and belie(, Ihat: a. No Federal appropriated funds have been paid or will be paid, by ar on behalf of the undersigned, 1o any person for influencing or altempfing to influence an officer or employee of any Federal agency, a Member of Congress, an officeror 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 agreement, and the extension, conlinualion, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. tf any funds other than Federal appropriated funds have been paid or will be paid io any person for influencing or attempting to influence an officer or employyee of any Federal agency, a Mernber 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 Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this Iransaclion was made or entered info. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S,C. 1352. Any person who fails to file the required certification shall 6e subject to a civil penalty of not less than $10,OOD and not more than $100,OOD for each such failure. 3. The prospective parlicipanl also agrees by submitting his or her bid or proposal that he or she shat) require that the language of this cerlificaiion be included in all lower tier subconlracls, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. r'. ~e fl Form Ft-IWA-1273 (Rev. 3-94) ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.} 1, During the performance of this conlracl, the conlraclor under- taking to do work which is, or reasonably rtiay 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 conlracl work is silualed, or the subregion, orihe Appalachian counties of the Stale wherein Ilse conlracl work is silualed, 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 conlracl work. c. For the obligation o(lhe conlraclor to offer employment to present or former employees as the result of a lawful collective bargaining conlracl, provided that the number of nonresident persons employed under this subparagraph is shall not exceed 20 percent of the total number of employees employed by the conlraclor on the conlracl work, except as provided in subparagraph 4 below. 2. The conlraclor shall place a job order with the Stale Employ- men( Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the conlracl work, {b) the number of employees required in each classification, (c) the dale 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 Stale Employment Service in writing or by telephone. If during the course of the conlracl work, the information submitted by the conlraclor in the original job order is substantially modified, he shall promptly notify the Stale Employment Service. 3. The conlraclor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The conlraclor is no( required to yranl employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within 1 week following the placing of a job order by the conlraclorwilh the Stale Employment Service, the Stale Employmen! Service is unable to refer any qualified job applicants to the conlrac- lor, or less than the number requested, the Stale Employment Service will forward a certificate to the conlraclor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons wlio do nal normally reside in the labor area to fill positions covered by the cerlfficale, holwithslanding the provisions of subparagraph is 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 FHWk-1273 (Rev. 3-94j r~~a°~