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'`r'� t CITY OF JEFFERSON CITY PROJECT STP-3112(502) r EIGHTH SUPPLEMENTAL SURFACE TRANS12ORTATION PROGRAM URBAN AGREEMENT This Eighth Supplemental Surface Transportation Program (STP) Urban Agreement, made and entered into by and between the Missouri Highway and Transportation Commission, hereinafter called "Commission", and the City of Jefferson City, in the State of Missouri, hereinafter called "City", WITNESSETH: The parties hereto have previously made and entered into a 1 Federal Air Urban Program Agreement concerning the allocation and AMOL distribution of federal funds for the improvement of minor city arterial routes in Jefferson City, Missouri on a share-the-cost basis between the United States Government and the City of Jefferson City. Said Federal Aid Urban Program Agreement is hereinafter referred to as the "Original FAUP Agreement. " This program is now known as the STP Urban Program. r City desires to construct certain improvements, more specifically described below, under the Surface Transportation Program Urban formerly known as the Federal Aid Urban Program for the ? City of Jefferson City. Said improvements are to be designed and" constructed by City in compliance with the provision of the Original FAUP Agreement. inconsideration of the mutual covenants and promises contained 4 " herein to be faithfully kept and performed by the parties hereto and . each .of them; it is agreed as follows: Y n l L C t 1 Sr; l z z � i �••1 . .di't.;�4, . t. �g�t�" 'i�i� ��7 o a 1'L2„k. %�. Y `�m aq �'!" � s!� ,j� l Zi t �' it � :fit s..�. • i ,e (�• � - J.._i..,. _._. i ., . .. ..lit. ... .,rte \ .... ...... Y.i.•' !, r .., �?:.r�KdiJ.r. `Lti' i ... .. �t org •�`�,�R�� a�,. .. t�15'z,��4�` t. t '�"Y`k `�w,.., QP r s . CITY OF JEFFERSON CITY 7 PROJECT STP-3112(502) _ 1. The improvement contemplated herein and designated by fey Commission as Project STP-3112 (502) is on Truman Boulevard within the t•i.L�tr '« city limits of Jefferson City, Missouri. A more specific description is as follows: x.4 Pavement widening for center left turn lane, driveway relocation and signal installation. we r� The general location of the improvement contemplated herein is shown on an attached sketch marked "Exhibit All and incorporated herein by �;a 5 kfi reference. ``tY( 'ss 2. Effective upon execution of this agreement, Commission accepts the above described portion of the City street system as part of the State Highway g y System for the purposes of the aforesaid STP ,t s AM Urban Program. However during the construction period contemplated ;,. hereunder, a. Commission will assume no police or traffic control r3 .. functions not obligatory upon Commission immediate) y Prior to the execution of this agreement, and b. City shall perform or cause to be performed normal maintenance on the project site. 3. Upon completion of construction of the herein contemplated improvements, City shall accept control and maintenance o f the street improved hereunder and shall thereafter keep, control, and maintain ., the same as, and for all purposes, a part of the City treet y system at its own cost and expense and at no cost and expense whatsoever to t a �. +;•.. ii s .'s�'s'ir.,ts § t ,��"�� ati It'. a ;}1fy',� ��,. 'v S,�'r',t„`yt�' ��73�+'7^�ja�7l��i�s�^��i+'7jA��Y�. ��, pt�iS�,�v �t, t�i.'t�t�.t b jt�.. .�MY"- �� ..., �'A.r' ._ ..{, .4_,i_'� _. ._ss __.Arm~ .t(\ ._,_ -..i.�� . �_ ci *.��'r1:r,4.e�1.��•f � r j , � ¢"as �`i P.K'F ye""`ii , ,p, '.� Ait•} f irY Y t tt nt¢f 7 j2,''.ttW .:,, x ��{a"� ii x3+� �� i�"y'Yd t•Pe �� t� t�,� t'y'i ,ep,! r zr�{y 3' st �`�. ��ry, t•�„}��w,�'�e�?h�E�- t1 �d�t 7 auF� ��?�4 ^, z `, ., tyEd r,, A+vt o. �,r ,(T•o x;` r 4 r.. �t r,, !!, f [ikKi}+ Z wt t �r '�a w f is h P '1 j ''`• 6g N %:�.. #�4 'tAs ,y5�r r CITY OF JEFFERSON CITY PROJECT STP-3112 (502) Commission. All obligations of Commission under this agreement shall Nfi thereupon cease and terminate. 4. City shall indemnify and save harmless the Commission from damages or claims for damages arising as a proximate result of the � negligence of City, its agency, or employees in connection with the " t herein contemplated improvements. It is the intent of the parties aA hereto that Commission is to assume no liability for the completion jac 'ts of the herein contemplated improvements; and, if the Commission +tic `4t1 should expend any funds in connection herewith for which it is not reimbursed by the United States Government, City will reimburse the 1 Commission for same. 5., , City shall acquire any additional necessary right of way £ 1' required for Project STP-3112 (502) and in so doing agrees to abide by all applicable federal laws, rules and regulations including but not ft j Ir .�, limited to 42 U.S.C.A. 4601 at seq. , the Uniform Relocation >' Assistance and Real Property Acquisition Policies Act of 1970. 6. The cost of the improvements contemplated herein will be i >� borne by the United States Government and by City as provided by the a 9af terms of the Original FAUP Agreement except as follows: a. The United States Government is presently participating in E at least 80% of the eligible costs of STPU Projects, but this ratio time in the future. may be changed at some +t;}%�?t�t�'��i�"''•`ai�5t_3•' ;f4�f, ;.r� k•'y'�'va �'., ,' 'T,� p.•;S;{ty:��Sr .� Y .:r tx' k9@ xt',r,ztJ. � �t ��•!��'�:f�+,..� t .'�i�aPeik+,.,L„f�. .1.��.�r 1�� k '� t. Zt($'z 7 F.Cr .7 y t. `{F4it... .) ;7p.. ��t ; .i z g; a� ',tgr)ea d a.r.. .,1,.,. ,.S'- t.f,,} ,t{t r �l,z ,i � }.T•',- � '3�'� e .6� t .�r,' }.ty � e �• �.�f kr�5'L'� �4ri."'A��`�� CITY OF JEFFERSON CITY :._ PROJECT STP-3112(502) 1 l: i plans The• 7 shall �z P provide for handling traffic with signs, signals and markings in accordance with the Manual of Uniform Traffic Control Devices. . 8. Commission and City agree that if any contemplated improvements for Project STP-3112(502) will involve work on state right of way, the City will provide reproducible final plans to the Commission relating to such work. 9. At time of processing the required project agreements with the Federal Highway Administration Commission will advise City of any required goals for participation by disadvantaged business enterprise to be included in the City's proposal for the work to be performed. 10. City shall notify the pros ; . pective bidders that disadvantaged businesses enterprises shall be afforded full and 1� affirmative opportunity to submit bids in response to the invitation and will not be discriminated against on grounds of race, color, sex or national origin in consideration for an award. ' 11. Progress payments to the City for ' << y preliminary engineering, acquisition of right of way and construction costs are available upon City's written request. In the event Project STP-3112 (502) is not V) built or is built to standards not satisfactory to the Federal 1 Highway Administration, the City agrees to repay the Commission for any progress payments made to the City and agrees that the Commission may deduct any progress payments made to the City from future payments to the City. -4- V L 1 •i }4 .,ix r Y' r r.� , }y},� 1 - Ij t.. 1 {t4 { t..ili x ,A S 4. x g� .M.a H mot.41. !.`a r ... i ..r:.'r_ � ... . '""kt r_., .4 � .. (al . A._S"" A. . �';�a. 'r •. .. ��J^.R�.� _ Yl'�`:....�r .. PROJECT 4P CITY OF JEFFERSON CITY • 1 12. Except as modified, amended, or supplemented herein, the Original FAUP Agreement between the parties hereto shall be and i� 1 )G}• remain force ►. effect. 13. This agreement made and entered into subject to the approval of the Federal Highway Administration. 14. In addition to the above project audit, federal regulations , i require that if the City of - • $25,000. 00 or more per year in federal financial assistance, it is required to have Ix an independent • • • - in accordance with • I' circular A 128. A copy of the audit report shall be submitted to MHTD within 30 days of the iss uance of the report. Z: j . r s , N: ,r r , ,c} �r�•f .r .. nyt:fn;r'.;>t Z• ,� (.t�' >n��'F% 1�,17irr.vt�r 1�� .r,'U �M: �{ s� 'i '4.'t"f'S.t fr ;+ c, '.�,''3>' G''�. n rr''.1 *a '`•1 � rQ. r' { + •t t,yi� �kc��Y}'.'-r �:nY,�. 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Ld . �� m KNIPP R ;t c m D o W G O R Doi y1 EXHIBIT "A" EIGHTH SUPPLEMENTAL STP URBAN AGREEMENT between MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION and JEFFERSON CITY, MISSOURI PROJECT NO. STP--3112 (502) d{i� �i.r7:,t:�} 1'�.i y,�$� !1•'� .`,'ky,,�s:.�xiti"�i�{sf;i;;'� : , t4•! � ,�s �q y�S�r�fv lv,��j,��.`h`j; n'}'� :,�•,��!° � f .Y``ids�' ��!�• #y `� 41,r i. $' t` i .•E„N`'ri'.tJ;�:,,((�� ^l'�!?P"'.�iS�',��`4•f"�S"k"`;(7 ��'"t�'�.' �I.�.s�Yt� � ��%• ' r�:i�''1�a'ti.^�.'"rr..rr'1�•�:�✓,,t'.•r x. 1� 4,�{;"�f�?il'.'�Q?J��.t, N�:Y,'n��3��,1��r 55('S' Z j v rsii " 4 i,A t 1 S .`�. _ f �� t 4 �r ��'tf{u },eLX". •�..;+.�.�qf�'"v @ n��J�; ;� r"Y 71+��t t��lr.m't'f ..�(�r r�u. °�� ,�•} ;�+'�'f�7�tf',?�`��,(„F�,ttdd �tx;`yv3n 4'�/'K�t f Y '{Yfi r�.i y'�`^^`;•Y,xc��YS� � i'�� &�(',� 'f� pprt M {•4�:. a r � ry'��3,x?7�i��b�i tt�.�$� ; I� si �a� 4Z ^lt-1,�+;5``4fr � kY ,n� xrY '2 � Yc :"? ', R�� .. +. - ` .. rt f R t .r 4 . ♦eS l"� .y4�;.��.`b.i�.�.. h n _,� :r=, t�.r�!><�� yi�t�+t�,i��sr+r. ,:.ut �•iu.., r t•rte„ zc�i.l; v e:a. 4r?w�.� •�� {"'wfn i.N,�+sk°'' °tt'ga�a� ,.,. ��'• f�8., ��((ry�. � rY ,i,��./'f a��'!a� z .t 5 r tie a4^�� fY}}x '�� i•q' aY' :'1`Ci'� Yi �P t f��<,��}}� ,�� .2 .f�„y` f y •f � }` +a +�p��A, p p�� ¢1• y. REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Page a. discriminate against labor from any other State, posses- 1. General 1 lion, or territory of the United States (except for employment 11. Nondiscrimination 1 preference for Appalachian contracts, when applicable, as speci- ` lied in Attachment A), or Ill. Nonsegregated Facilities 3 IV. Payment of Predetermined Minimum Wage ......•...•. 3 b. employ convict labor for any purpose within the limits rr y ............................................ lie ,•an ••••bor ••.•••••..•.•..• are on parole,tsu ery supervised release,or erobati n,b convicts who V. Statements and Payrolls 6 p p y VI. Record of Materials, Supplies and Labor 7 p` p p VII. Subletting or Assigning the Contract VIII. Safety: Accident Prevention ...................................... 7 II. NONDISCRIMINATION } IX. False Statements Concerning Highway Projects .....• 7 1" X• Implementation of Clean Air Act and Federal (Applicable to all Federal-aid construction contracts and to ti o: all related subcontracts of$10,000 or more.) ,x==' Water Pollution Control Act .........................•....•...... 8 1. Equal Employment Opportunity: Equal employment op- XI. Certification Regarding Debarment, Suspension, portunity (EEO) requirements not to discriminate and to take p :. Ineligibility, and Voluntary Exclusion ..............•... 8 =a=' affirmative action to assure equal opportunity as set forth under XII. Certification Regarding Use of Contract Funds for laws, executive orders rules regulations (28 CFR 35, 29 CFR ` Lobbying ....•................•...............•..................•........•.. 10 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed x' ATTACHMENTS pursuant to 23 U.S.C. 140 shall constitute the EEO and specific A. Employment Preference for Appalachian Contracts affirmative action standards for the contractor's project activities T`ry'"r r`I (included in Appalachian contracts only) under this contract. The Equal Opportunity Construction Con- •;•; tract Specifications set forth under 41 CFR 60-4.3 and the I. GENERAL provisions of the American Disabilities Act of 1990 (42 U.S.C. tits 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 1. These contract provisions shall apply to all work per- are incorporated b reference in this contract. In the execution �;�.. rP Y formed on the contract by the contractor's own organization of this contract, the contractor agrees to comply with the follow- and with -*he assistance of workers under the contractors imme- ing minimum specific requirement activities of EEO: diate superintendence and to all work performed on the contract by piecework,station work, or by subcontract. a. The contractor will work with the State highway agency 2. Except as otherwise provided for in each section, the con- (SHA) and the Federal Government in carrying out EEO obliga- tions and in their review of his/her activities under the contract. tractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further b. The contractor will accept as his operating policy the '1 require their inclusion in any lower tier subcontract or purchase following statement: order that may in turn be made. The Required Contract Provi- "It is the policy of this Company to assure that applicants sions shall not be incorporated by reference in any case. The are employed, and that employees are treated during employ- prime contractor shall be responsible for compliance by any men[, without regard to their race, religion, sex, color, national �} subcontractor or lower tier subcontractor with these Required or! irn, a or disability. Such action shall include: employment, Contract Provisions. g g ty' upgrading, demotion, or transfer; recruitment or recruitment ' 3. A breach of any of the stipulations contained in these advertising; layoff or termination; rates of pay or other forms {i Required Contract Provisions shall be sufficient grounds for of compensation; and selection for training, including appren- r�' termination of the contract. ticeship,preapprenticeship, and/or on-the-job training." x>. 4. A breach of the following clauses of the Required Contract 2• EEO Officer: The contractor will designate and make Provisions may also be grounds for debarment as provided known to the SHA contracting officers an EEO Officer who in 29 CFR 5.12: will have the responsibility for and must be capable of effec- Section 1,paragraph 2; tively administering and promoting an active contractor program Section IV, paragraphs 1, 2, 3,4, and 7; of EEO and who must be assigned adequate authority and Section V, paragraphs 1 and 2a through 2g. responsibility to do so. 5. Disputes g' pules arising out of the labor standards provisions of 3. Dissemination of Policy: All members of the contractor's ` Section IV (except paragraph 5) and Section V of these Re- staff who are authorized to hire, supervise, promote, and dis- quired Contract Provisions shall not be subject to the general charge employees, or who recommend such action, or who disputes clause of this contract. Such disputes shall be resolved are substantially involved in such action, will be made fully in accordance with the procedures of the U.S. Department of cognizant of, and will implement, the contractor's EEO policy Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes and contractual responsibilities to provide EEO in each grade within the meaning of this clause include disputes between and classification of employment. To ensure that the above the contractor (or any of its subcontractors) and the contracting agreement will be met, the following actions will be taken agency, the DOL, or the contractor's employees or their rep- as a minimum: i{ resentatives. a. Periodic meetings of supervisory and personnel office 6. Selection of Labor: During the performance of this con- employees will be conducted before the start of work and then ' tract, the contractor shall not: not less often than once every six months, at which time the Form FHWA 1273—(Rev,4.93) Previous editions are obsolete Page I (Mico—Contract) < +,i �. :{ `• .'d•, ; .t e :t at,S' M1i:'.4Si.�}t. n 't v'4y�i ;.t,+$t' v a' r v 4`• t+., 1` ,a ,• •'hy. C .,{4'•v� a � , t!j u��^'U }a� ,,t + t1':r�$p��.•u #,�d{K t' Y� 1-.1 `�. �, y• f •� . �'�ax 7 ��iy.y 4}.'�s��N ' 1.� fA�'11 r �'}q• r "{ ��} , �F��.�� °SS'it it p4.ie��Z r�,P R :F 4 • �y 1 , .' contractor's EEO policy and its implementation will be re- of discrimination, Where evidence is found, the contractor will viewed and explained. The meetings will be conducted by the promptly take corrective action. If the review indicates that >, EEO Officer. the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. t t _ b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering d. The contractor will promptly investigate all complaints i all major aspects of the contractor's EEO obligations within of alleged discrimination made to the contractor In connection thirty days following their reporting for duty with the contractor. with his obligations under this contract, will attempt to resolve c. All personnel who are engaged in direct recruitment such complaints, and will take appropriate corrective action for the project will be instructed by the EEO Officer in the within a reasonable time. If the investigation indicates that ` contractor's procedures for locating and hiring minority group the discrimination may affect persons other than the complain- "`' employees. ant, such corrective action shall include such other persons. £u Upon completion of each investigation, the contractor will in- d. Notices and posters setting forth the contractor's EEO form every complainant of all of the avenues of appeal. t policy will be placed in areas readily accessible to employees, + applicants for employment and potential employees. 6. Training and Promotion: f e. The contractor's EEO policy and the procedures to im- a, The contractor will assist in locating, qualifying, and i plement such policy will be brought to the attention of employ- increasing the skills of minority group and women employees, ees by means of meetings, employee handbooks, or other appro- and applicants for employment. eE, priate means. b. Consistent with the contractor's work force requirements 4. Recruitment: When advertising for employees, the con- and as permissible under Federal and State regulations, the tractor will include in all advertisements for employees the contractor shall make full use of training programs, i.e., appren- , :? notation: "An Equal Opportunity Employer." All such adver- ticeship, and on-the-job training programs for the geographical tisements will be placed in publications having a large circula- area of contract performance. Where feasible, 25 percent of ;r tion among minority groups in the area from which the project apprentices or trainees in each occupation shall be in their } }� work force would normally be derived. first year of apprenticeship or training. In the event a special provision for training is provided under this contract this sub- ` ; a. The contractor will, unless precluded by a valid bargain- ing agreement, conduct systematic and direct recruitment ragraph will be superseded as indicated in the special provi- through public and private employee referral sources likely to sion. yield qualified minority group applicants. To meet this require- c. The contractor will advise employees and applicant for ment, the contractor will identify sources of potential minority employment of available training programs and entrance require- group employees, and establish with such identified sources. ments for each. procedures whereby minority group applicants may be referred .. d. The contractor will periodically review the training and to the contractor for employment consideration. P Y g ,t promotion potential of minority group and women employees b. In the event the contractor has a valid bargaining agree- and will encourage eligible employees to apply for such training ment providing for exclusive hiring hall referrals, he is expected and promotion. `\ to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO con- 7. Unions: If the contractor relies in whole or in part upon }`f tract provisions. (The DOL has held that where implementation unions as a source of employees, the contractor will use his/ of such agreements have the effect of discriminating against her best efforts to obtain the cooperation of such unions to minorities or women, or obligates the contractor to do the increase opportunities for minority groups and women within �' same, such implementation violates Executive Order 11246, as the unions, and to effect referrals by such unions of minority amended.) and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include 'i c. The contractor will encourage his present employees the procedures set forth below: . to refer minority group applicants for employment. Infonnation and procedures with regard to referring minority group appli- a. The contractor will use best efforts to develop, in co- cants will be discussed with employees. operation with the unions,joint training programs aimed toward ' qualifying more minority group members and women for mem- 5. Personnel Actions: Wages, working conditions, and etn- ''s ployee benefits shall be established and administered, and per- bership in the unions and increasing the skills of minority sonnel actions of eve type, including hiring, u radio pro- group employees and women so that they may qualify for every yp g upgrading, P higher paying employment. motion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color,'religion, sex, national origin, b. The contractor will use best efforts to incorporate an age or disability. The following procedures shall be followed: EEO clause into each union agreement to the end that such ' union will be contractually bound to refer applicants without a. The contractor will conduct periodic inspections of regard to their race, color, religion, sex, national origin, age project sites to insure that working conditions and employee or disability. facilities do not indicate discriminatory treatment of project site personnel. c. The contractor is to obtain information as to the referral " b. The contractor will periodically evaluate the spread of Practices and policies of the labor union except that to the wages paid within each classification to determine any evidence extent such information is within the exclusive possession of of discriminatory wage practices. the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify r c. The contractor will periodically review selected person- to the SHA and shall set forth what efforts have been made nel actions in depth to determine whether there is evidence to obtain such information. 0 Page 2 s r. i' > ?�rr. ; T�}t..,w �'d�t,Y.a �,? . "h. +�� t aS.�'tFr T xy;,�'.'4 �.}rr;•jrrY� 7 t,�4,�� !'bxi t �. tl3'S:sa"`,ar' —' r ". + '1.,y.......,.+..•.ai,w.%u a ��"4 ''' F fT^t. I r, �,e +4 rt,.:ata:. ,a+;+:iz:.`.. ..e., Y• 1.H.nc... .,..... � S i. r § t� ip' 3 ail {, t d, In the event the union is unable to provide the contrac- tor with a reasonable flow of minority and women referrals NONSEGREGATED FACILITIES within the time limit set forth in the col t A collective bargaining _ (Applicable o • b mn a ree PP t all Federal-aid ment, the contractor will through independent recruitment cf- construction contracts and to : •5• r � '_. all related subcontracts of$10,000 or more.) 't4f A , "z forts, fill the employment vacancies without regard to race, u. By submission of this bid the execution of this contract • ,='''t4=, ,i,. color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or ge orble minority in or subcontract, or the consummation of this material supply i t +; ersons and women. The DOL has held that it shall be no rrgrcement or purchase order, as appropriate, the bidder, Federal- _ P lira+r r excuse that the union with which the contractor has a collective aid construction contractor, subcontractor, material supplier, or j bargaining agreement providing for exclusive referral failed to vendor, as appropriate, certifies that the firm does not maintain refer inirtorit employees.) In the event the union referral ai prac- or Provide for its establishments, and that the firm does not x.J't fife prevents the from meeting the obligations pursu- pennit its employees to perfomt their services at any location, t under its control, where segregated facilities are maintained. 4 Est� ant to Executive Order 11246, as amended, and these special The firm agrees that a breach of this certification provisions, such contractor shall immediately notify the SHA, }� of the EEO provisions of this contract, The firm further certifies 8. Selection of Subcontractors, Procurement of Materials that no employee will be denied access to adequate facilities F and Leasing of Equipment: The contractor shall not discrimi- on the basis of sex or disability. ra fFa nate on the grounds of race, color, religion, sex, national origin, b. As used in this certification, tite term "segregated f age or disability in the selection and retention of subcontractors, ties" means any waiting rooms ac tl ;• A`''^ including procurement of materials and leases of equipment. washrooms, restaurants and other eatin areas °'a"�''•t g work areas, restrooms and f '' •+#s• a. The contractor shall notify all er rooms, and other storage g t trmeclacks, lock- ; y potential subcontractors ge or dressing areas, parking lots, ' 1 and suppliers of his/her EEO obligations under this contract. drinking fountains, recreation or entertainment areas, transpor- ° t;} b. Disadvantaged business enterprises (DBE), as defined segregated by ousing facilities provided for employees which are in 49 CFR 23, shall have equal opportunity to compete for the basis of race,explicit religion, national m fact, segregated on t and perform subcontracts which the contractor enters into pursu- ity, because of habit, local custom, or otherwise. The only origin, age or disabil- ' +K ant to this contract. The contractor will use his best efforts exception will be for the disabled when the demands for acces- '' to solicit bids from and to utilize DBE subcontractors or sub- sibility override (e.g. disabled parking). 9, contractors with meaningful minority group and female rep- •f4; ,.{}; rep- resentation among their employees. Contractors shall obtain lists +` Ta V 442. of DBE construction firms from SHA personnel. 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 ; c. The contractor will use his best efforts to ensure sub- material su l PP y agreements of $10,000 or more and that contractor compliance with their EEO obligations. will retain such certifications in its files. at it 9. Records and Reports: The contractor shall keep such EJ '` records as necessary to document compliance with the EEO IV' PAYMENT OF PREDETERMINED K. .T.` requirements. Such records shall be retained for a period of MINIMUM WAGE three years following completion of the contract work and shall be available at reasonable times and places for inspection by (Applicable to all Federal-aid construction contracts exceeding i authorized representatives of the SHA and the FHW s $2.000 and to all related subcontracts, except for projects lo- ; fated on roadways classified as local roads or rural minor a. The records kept by the contractor shall llectors, which are exempt.) ., all document the following; 1. General: r, (1) The number of minority and non-minority a. All mechanics and laborers employed or working upon members and women employed in each work classificationoon p the site of the work will be aid unconditionally and not less l the project; often than once a week and without subsequent deduction or (2) The progress and efforts being made in cooperation rebate on any account (except such payroll deductions as are with unions,'when applicable, to increase employment opportu- pennitted by regulations (29 CFR 3) issued by the Secretary 4 nities for minorities and women; of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits (or cash equiva- ,,. (3) The progress and efforts being made in locating, employees; and lents thereof) due at time of payment. The payment shall be hiring, training, qualifying, and upgrading minority and female computed at wage rates not less than those contained in the � (4) The progress and efforts being made in securing wage determination of the Secretary of Labor (hereinafter "the Wage determination") which is attached hereto and made a the services of DBE subcontractors or subcontractors with Part hereof, regardless of any contractual relationship which meaningful minority and female representation among their em- may be alleged to exist between the contractor or its subcontrac- ployees, tors and such laborers and mechanics. The wage determination (including y b. The contractors will submit an annual report to the an additional classifications and wage rates con- SHA each July for the duration of the project, indicating the formed under paragraph 2 of this Section IV and the DOL %! number of minority, women, and non-minority group employees at g poster s by the or Form and its subcontractors shall be posted to currently engaged in each work classification required b the all times by the contractor and its subcontractors at the site q Y be the work in a prominent and accessible place where c can contract work. This inliirmation is to be reported on Form be Basil y PR-1391. If on-the-job training is being required by special contributions made or costs reasonably bona provision, the contractor will be required to collect and report fide Y seen b the workers. For the purpose of this Section, training data, fringe benefits under Section I(b) 2)anticipated of the tDavis-Bacon Act (40 U.S.C. 276x) on behalf of laborers or mechanics are Page 3 j ftY� i . '��"� z Ix�4'4 '"9 S 1 �p�>yx� 1 � � ♦ke a s �'r tr •"s 0 i 1 ., x) `4, .�� i tt��i Pt ad<t}rc�<1 a JN. {!n"��t t[�' �.pkn t�. '{SyF >+ <n �4a •�� 'A'1,F"tf 4`'�X'±� °�'V8 Y try +a Y t� a..�1�t'S J i f ��t�� !if 21 5.fi",�"1:3'"'rt�+�• . j '. �'F ��/�+'�£}V� r�i��x m'��,„�ly,c��',i�,Tx,,° ,• 'r1�ikkk�} ��Zy'��,. ti�\ '9 'y�tt��f,,.��i �N��ff'�•ll, $��.�,5..i;�p� ��iht'�y < t t ,fr t�8'n +5�`ylSir }�N/•e cr�'Gr� �'8 T :V '�..n rot.• Fiti' ''�'�'•rr�r��r t �. .�*3•h3 X 3�t ?r s t � a�l'`, '+• ��cF.• 'td 5, tK rYi t �t4 r1�. iIr @.'r'�V� ��r� .uN` S'; � 1•. .vS �r �t 4 Xvit � �✓. �1', n 4 .w 8v° .-r.' }. ,. � J , :� dh�.St 4 :,5:�f ti4 e��Jt t,R!'roi� t• r ��,t. .� ,i, g,nytr�,� .:k( r1< � l. � +lN^s t xlr �4, N xr` � 4 .: � �rf •' 3�•a° ,�. #7 �' .� `ir�� fit.; r �, ;�? t . ,� ti't nn ri'3.'1,g�a}�`�r-� 3 � • +y"£�"�i.� �! '��t ►��,?�r7F�k Six� .�,�,,s,ti�,.; •�?!��, :+:�ri',:,te+"?,. i7.;5��1k�..ISi..a. .,ki;,' `� �'.,�;"', considered wages paid to such laborers or mechanics, subject Administrator for detenmination. Said Administrator, or an an- T.' the provisions of Section IV, paragraph 3b, hereof. Also, thorized representative, will issue a determination within 30 a ^" for the u[ ose of this Section, regular contributions made or days of receipt and so advise the contracting officer or will. costs incurred for more than a weekly period (but not less notify the contracting officer within the 30-day period that addi- I often than quarterly) under plans, funds, or programs, which tional time is accessary, z xp 5 cover the particular weekly period, are deemed to be construe- C. The wage rate (including fringe benefits where appropriate) .` tively made or incurred during such weekly period. Such labor- d i determined crs and mechanics shall be paid the appropriate wage rate pursuant to paragraph 2c or 2d of this Section and fringe benefits on the wage determination for the classifica- IV shall be paid to all workers performing work in the addi- tional classification from the first a tion of work actual] performed, without regard to skill, except day on which work is per- ' Y P b p formed in the classification. + as provided in paragraphs 4 and 5 of this Section IV. iy; z ; b. Laborers or mechanics performing work in more than 3• Payment of Fringe Benefits: t s^ one classification may be compensated at the rate specified a. Whenever the minimum wage rate prescribed in the con- - a for each classification for the time actually worked therein, tract for a class of laborers or mechanics includes a fringe provided, that the employer's payroll records accurately set forth ' the time benefit which is not expressed as an hourly rate, the contractor me spent in each classification in which work is performed. or subcontractors, as appropriate, shall either pay the benefit c. All rulings and interpretations of the Davis-Bacon Act as stated in the wage determination or shall pay another bona and related acts contained in 29 CFR 1, 3, and 5 are herein fide fringe benefit or an hourly case equivalent thereof. '1'+>>i •> incorporated by reference in this contract. b. If the contractor or subcontractor, as a ppropriate, does not make payments to a trustee or other third person, he/ 2, Classification: P she may consider as a part of the wages of any laborer or g q y mechanic the amount of any costs reasonably anticipated in UW; a. The SHA contracting officer shall require that an class of laborers or mechanics employed under the,contract, which providing bona fide fringe benefits under a plan or program, is not listed in the wage determination shall be classified in provided, that the Secretary of Labor has found, upon the writ- I' conformance with the wage determination. ten request of the contractor, that the applicable standards of ` the Davis-Bacon Act have been met. The Secretary of Labor b . The contracting officer shall approve an additional clas- may require the contractor to set aside in a separate account 4 sification, wage rate and fringe benefits only when the following g Y g assets for the meeting of obligations under the plan or program. criteria have been met: i.F1i (]) the work to be performed by the additional classifica_ 4. Apprentices and Trainees (Programs of the U.S. DOL) #i I' 'r tion requested is not performed by a classification in the wage and Helpers: I 't { determination; a. Apprentices: (2) the additional classification is utilized in the area (1) Apprentices will be permitted to work at less than err by the construction industry; the predetermined rate for the work they performed when they are employed p '►;� ?':� (3) the proposed wage rate, including any bona tide plo ed ursuant to and individually registered in a bona `f fringe benefits, bears a reasonable relationship to the wage fide apprenticeship program registered with the DOL, Employ- ` ' P rates contained in the wage determination; and ment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized (4) with respect to helpers as defined in Section IVAc, by the Bureau, or if a person is employed in his/her first when such a classification prevails in the area in which the 90 days of probationary employment as an apprentice in such ti work is performed. an apprenticeship program, who is not individually registered ' in the program, but who has been certified by the Bureau c. If the contractor or subcontractors, as appropriate, the of Apprenticeship and Training or a State apprenticeship agency tF a laborers and mechanics if known to be employed in the addi- ry ( ) (where appropriate) to be eligible for probationary employment tional classification or their representatives, and the contracting as an apprentice. k officer agree on the classification and wage rate (including P ..r (2) The allowable ratio of apprentices to journeyman- r ?.� the amount designated for fringe benefits where appropriate), level employees on the job site in any craft classification shall f;t a report of the action taken shall be sent by the contracting not be greater than the ratio permitted to the contractor as officer to the DOL, Administrator of the Wage and Hour Divi- sion, Employment Standards Administration, Washington, D.C. to the entire work force under the registered program. Any g employee listed on a payroll at an apprentice wage rate, who 20210. The Wage and Hour Administrator, or an authorized is not registered or otherwise employed as stated above, shall rove representative, will approve, modify, or disc pp every addi- be paid not less than the applicable wage rate listed in the tional classification action within 30 days of receipt and so wage determination for the classification of work actually per- advise the contracting officer or will notify the contracting formed. In addition, any apprentice performing work on the s officer within the 30-day period that additional time is nec- ob site in exc essary. J ess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate d. In the event the contractor or subcontractors, as appro- on the wage determination for the work actually performed. r priate, the laborers or mechanics to be employed in the addi- Where a contractor or subcontractor is performing construction tional classification or their representatives, and the contracting on a project in a locality other than that in which its program officer do not agree on the proposed classification and wage is registered, the ratios and wage rates (expressed in percentages 4 ' rate (including the amount designated for fringe benefits, where of the joumeyman-level hourly rate) specified in the contractor's appropriate), the contracting officer shall refer the questions, or subcontractor's registered program shall be observed. including the views of all interested parties and the rec- (3) Every apprentice must be paid at not less than the ommendation of the contracting officer, to the Wage and Hour rate specified in the registered program for the apprentice's Page 4 R a , i t M tt af. i 1 k v. • {y�.ayi`1�,+�' rati��k i^��efi �� +�, ��-�`��"34'S t yJ i#�,:[Pit #z r 'G� . Y Y ` '•";.- level of progress, expressed as a percentage of the journeyman- i orde arm work areas; lifting, Positi , level hour) rate specified in the applicable wage determination. ioldin materials or tools; an o er i-skille 5• ..i Y P PP g g Apprentices shall be paid fringe benefits in accordance with asks as ourne helper may use to s the provisions of the apprenticeship program, If the apprcntice- f the trade at and u and supervision f u; shi p program does not specify fringe benefits, a pp rentices must he journe a articu er be paid the full amount of fringe benefits listed on the wage o area practice. determination for the applicable classification. If the Adminis (2) Hclpers will be permitted to work on a project if Al y - trator for the Wage and Hour Division determines that a dif- the helper classification is specified on an applicable wage p P PP • g ferent practice prevails for the applicable apprentice classifica- determination or is approved pursuant to the conformance proce- 'ktr Lion, fringes shall be paid in accordance with that determination. dure set forth in Section IV.2. Any worker listed on a payroll (4) In the event the Bureau of Apprenticeship and Train- at a helper wage rate, who is not a helper as defined above, Off. ing, or a State apprenticeship agency recognized by the Bureau, shall be paid not less than (lie applicable wage rate on the withdraws approval of an apprenticeship program, the contractor wage determination for the classification of work actually per- ' or subcontractor will no longer be permitted to utilize appren- formed. #•'.:.. tices at less than the applicable predetermined rate for the ti comparable work performed by regular employees until an ac- ceptable 5. Apprentices and 'trainees (Programs of the U.S. DOT): program is approved. Apprentices and trainees working under apprenticeship and P g ' PP Pp g PP P ' skill training programs which have been certified by the Sec- tM b. Trainees: retary of Transportation as promoting EEO in connection with Federal-aid highway construction programs ms are not subject to Exce p t as P rovided in 29 CFR 5.16, trainees will not be ermitted to work at less than the redetermined rate the requirements of paragraph 4 of this Section IV. The straight k "rr' for the work performed unless they are employed pursuant time hourly wage rates for apprentices and trainees under such t "�f programs will be established b the articular programs. The ,�,. to and individually registered in a program which has received P g Y P' P g y� prior approval, evidenced by formal certification by the DOL, ratio of apprentices and trainees to journeymen shall not be greater than permitted b the terms of the articular program. Employment and Training Administration. g P Y p � ';„ • (2) The ratio of trainees to journeyman-level employees 6. Withholding: ten.' on the job site shall not be greater than permitted under the The SHA shall upon its own action or upon written request plan approved by the Employment and Training Administration, Any employee listed on the payroll at a trainee rate who is of an authorized representative of the DOL withhold, or cause ;i not registered and participating in a training plan approved to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime by the Employment and Training Administration shall be paid •;'' contractor, or any other Federally assisted contract subject to not less than the applicable wage rate on the wage determination Davis Bacon prevailing wage requirements which is held by : ... for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination and mechanics, including apprentices, trainees, and helpers, em- `� for the work actually performed. ployed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to (3) Every trainee must be paid at not less than the pay any laborer or mechanic, including any apprentice, trainee, rate specified in the approved program for his/her level of or helper, employed or working on the site of the work, all progress, expressed as a percentage of the journeyman-level or art of the wages required b the contract, the SHA contract- s P g q Y • hourly rate specified in the applicable wage determination. ing officer may, after written notice to the contractor, take `` n Trainees shall be paid fringe benefits in accordance with the such action as may be necessary to cause the suspension of rovisions of the trainee program. If the trainee program does 4' P P g P g any further payment, advance, or guarantee of funds until such t>^ ; not mention fringe benefits, trainees shall be paid the full violations have ceased. amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division deter- 7. Overtime Requirements: mines that there is an apprenticeship program associated with ' ?1c No contractor or subcontractor contracting for any part of the corresponding journeyman-level wage rate on the wage de- the contract work which may require or involve the employment `x+ 44 termination which provides for less than full fringe benefits of laborers, mechanics, watchmen, or guards (including appren- �, for apprentices, in which case such trainees shall receive the tices, trainees, and helpers described in paragraphs 4 and 5 same fringe benefits as apprentices. above) shall require or permit any laborer, mechanic, watchman, + (4) In the event the Employment and Training Adminis- or guard in any workweek in which he/she is employed on tration withdraws approval of a training program, the contractor such work, to work in excess of 40 hours in such workweek or subcontractor will no longer be permitted to utilize trainees unless such laborer, mechanic, watchman, or guard receives at less than the applicable predetermined rate for the work compensation at a rate not less than one-and-one-half times performed until an acceptable program is approved. his/her basic rate of pay for all hours worked in excess of ✓ 40 hours in such workweek. c. Helpers: r er (rather t an 8. Violation: d 'oumeyman mechanic) works under the directio Liability for Unpaid Wages; Liquidated Damages: In the w and as nder the journeyman's directio event of any violation of the clause set forth in paragraph a d supervision, the per pe net of duties 7 above, the contractor and any subcontractor responsible there- a ist the journe n such as preparing, carrying an ishi of shall be liable to the affected employee for his/her unpaid in teri s, equ h wages. In addition, such contractor shall be liable to the United Page 5 ' A gyp .t z t�. .,.r✓y;�"gakt-� �� t , .5�,;+'�~ra. ��jj t° j..l� ry �' i, '.�. ?. .:t{v{ t i1t='t'9 }7 lLt' •�1#�” t�H 7 a,��,,. d'i'`�� ?ia. pgfq '' °fiC C t t8v f. vh t .l r..a*,7} '^'4"..,r i.�, fL Z:{...1^4 ."Y+'451!'x+ii�}y,�ja,.y 4fiA•' '�k �'� r' 1�'�a ?r '`"'♦ }:sg .} '<.e y IY'.�' ':i;i"rk..F1h'IN�If1�"{ r r?'p ,.Sar. N �� aa'��+ � t X��,,. y� .��+ � �,��qps}}3gqig`!.; rn� �,;�,a ��,>�'�• �3aq,7� j ti`s `J'. Y ��" b '�`.� �d`tK,GrWOYp�4'\'•Y), .) -Y.. r I i7x MT , .. States (in the case of work done under contract for the District approved programs shall maintain written evidence of the reg- ??;-:_� of Columbia or a territory, to such District or to such territory), istration of apprentices and trainees, and ratios and wage rules .; Such liquidated damages shall be computed with respect to prescribed in the applicable programs. ` each individual laborer, mechanic, watchman, or guard ear c. Each contractor and subcontractor shall furnish, each �= ployed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day oil which such em- week in which any contract work is performed, to the SHA r resident engineer a payroll of wages paid each of its employees ployee was required or permitted to work in excess of the standard work week of 40 hours without payment of the over- (including apprentices, trainees, and helpers, described in See- time wages required by the clause set forth in paragraph 7, tion 1V, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The pay- 9. Withholding for Unpaid Wares and liquidated (Dum- �+ r roll submitted shall set out accurately and completely all of ages. the information required to be maintained under paragraph 2b K of this Section V. This information may be submitted in any The SHA shall upon its own action or upon written request form desired. Optional Form WH-347 is available for this pur- of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work pose and may be purchased from the Superintendent of Docu- ments r, performed by the contractor or subcontractor under any such (Federal stock number 029-005 0014-1), U.S. Govern- performed ment Printing Office, Washington, D.C. 20402. The prime con- 1z3 contract or any other Federal contract with the same prime tractor is responsible for the submission of copies of payrolls contractor, or any other Federally assisted contract subject to by all subcontractors. the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be d. Each payroll submitted shall be accompanied by a � a determined to be necessary to satisfy any liabilities of such "Statement of Compliance," signed by the contractor or sub- {�"tii contractor or subcontractor for unpaid wages and liquidated contractor or his/her agent who pays or supervises the payment (: damages as provided in the clause set forth in paragraph 8 of the persons employed under the contract and shall certify "•" above. the following: (1) that the payroll for the payroll period contains the . V. STATEMENTS AND PAYROLLS information required to be maintained under paragraph 2b of F v#; (Applicable to all Federal-aid construction contracts exceeding this Section V and that such information is correct and com- . . $2,000 and to all related subcontracts, except for projects lo- plete; cated on roadways classified as local roads or rural collectors, which are (2) that such laborer or mechanic (including each helper, exempt.)• P apprentice, and trainee) employed on the contract during the 1. Compliance with Copeland Regulations (29 CFR 3): payroll period has been paid the full weekly wages earned, The contractor shall comply with the Copeland Regulations without rebate, either directly or indirectly, and that no deduc- tions have been made either directly or indirectly from the of the Secretary of Labor which are herein incorporated by full wages earned, other than permissible deductions as set reference. forth in the Regulations, 29 CFR 3; 'r. 2. Payrolls and Payroll Records: (3) that each laborer or mechanic has been paid not 1 a. Payrolls and basic records relating thereto shall be main- less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as speci- taaned by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years fied in the applicable wage determination incorporated into the . t from the date of completion of the contract for all laborers, contract. mechanics, apprentices, trainees, watchmen, helpers, and guards t working at the site of the work. e. The weekly submission of a properly executed certifi- cation set forth on the reserve side of Optional Form WH- b. The payroll records shall contain the name, social secu- 347 shall satisfy the requirement for submission of the '`State- ! rity number, and address of each such employee; his or her ment of Compliance" required by paragraph 2d of this Section correct classification; hourly rates of wages paid (including rates V F <'s of contributions or costs anticipated for bona fide fringe benefits i s' or cash equivalent thereof the types described in Section f. The falsification of any of the above certifications may 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number subject the contractor to civil or criminal prosecution under of hours worked; deductions made; and actual wages paid. 18 U.S.C. 1001 and 31 U.S.C. 231. ' In addition, for Appalachian contracts, the payroll records shall I' contain a notation indicating whether the employee does, or g. The contractor or subcontractor shall make the records y does not, normally reside in the labor area as defined in Attach- required under paragraph 2b of this Section V available for ment A, paragraph 1. Whenever the Secretary of Labor, pursu- inspection, copying, or transcription by authorized representa- ;;, ant to Section IV, paragraph 3b, has found that the wages tives of the SHA, the FHWA, or the DOL, and shall permit of any laborer or mechanic include the amount of any costs such representatives to interview employees during working reasonably anticipated in providing benefits under a plan or hours on the job. If the contractor or subcontractor fails to program described in Section 1(b)(2)(B) of the Davis Bacon submit the required records or to make them available, the Act,the contractor and each subcontractor shall maintain records SHA, the FHWA, the DOL, or all may, after written notice which show that the commitment to provide such benefits is to the contractor, sponsor, applicant, or owner, take such actions enforceable, that the plan or program is financially possible, as may be necessary to cause the suspension of any further that the plan or program has been communicated in writing payment, advance, or guarantee of funds. Furthermore, failure to the laborers or mechanics affected, and show the cost antici- to submit the required records upon request or to make such t pated or the actual cost incurred in providing benefits. Contrac- records available may be grounds for debarment action pursuant tors or subcontractors employing apprentices or trainees under to 29 CFR 5.12. Page 6 i < ' }' i.. ,f. o- • .�kr'F. .t. ."1:�. ''�. '': ,`}nf x... 8 ..' tiy'��i'id" ti,1�1?<',.tii; ?} � '�. i:. .I �}, a �`�-- � ` .., F �y. ,.. ��'� � .._.-_ `b N `+ " f`�x g,L�r.�'L'w'+x.�.,�'',t'i•�w'?w. .*dit y Vi. RECORD OF MATERIALS, SUPPLIES, tract requirements, and is in charge of all constriction oper- AND LABOR ations (regardless of who performs the work) and (b) such I. On all Federal-aid contracts on the National Highway other of its own organizational resources (supervision, manage- System, except those which provide solely for the installation merit, and engineering services) as the SHA contracting officer of protective devices at railroad grade crossings, those which determines is necessary to assure the performance of the con- are constructed on a force account or direct labor basis, highway tract, beautification contracts, and contracts for which the total final i' construction cost for roadway and bridge is less than $1,000,000 4. No portion of the contract shall be sublet, assigned or + (23 CFR 635) the contractor shall: otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such a. Become familiar with the list of specific materials and consent when given shall not be construed to relieve the con- supplies contained in Form FHWA-47, "Statement of Materials tractor of any responsibility for the fulfillment of the contract. and Labor Used by Contractor of Highway Construction Involv- Written consent will be given only after the SHA has assured ing Federal Funds," prior to the commencement of work under that each subcontract is evidenced in writing and that it contains this contract. all pertinent provisions and requirements of the prime contract. b. Maintain a record of the total cost of all materials 'F and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies VIII. SAFETY: ACCIDENT PREVENTION listed on Form FHWA-47, and in the units shown on Form FHWA-47. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws govern- c. Furnish, upon the completion of the contract, to the ing safety, health, and sanitation (23 CFR 635). The contractor t SHA resident engineer on Form FHWA-47 together with the shall provide all safeguards, safety devices and protective equip- ' data required in paragraph lb relative to materials and supplies, ment and take any other needed actions as it'determines, or a final labor summary of all contract work indicating the total as the SHA contracting officer may determine, to be reasonably hours worked and the total amount earned. necessary to protect the life and health of employees on the rP 2. At the prime contractor's option, either a single report job and the safety of the public and to protect property in connection with the performance of the work covered by the covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters VII. SUBLETTING OR ASSIGNING THE into pursuant to this contract, that the contractor and any sub- contractor shall not CONTRACT permit any employee, in performance of 1. The contractor shall perform with its own organization the contract, to work in surroundings or under conditions which contract work amounting to not less than 30 percent (or a are unsanitary, hazardous or dangerous to his/her health or greater percentage if specified elsewhere in the contract) of safety, as determined under construction safety and health stand- greater (29 CFR 1926) promulgated by the Secretary of Labor, the total original contract price, excluding any specialty items in accordance with Section 107 of the Contract Work Hours ' designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items and Safety Standards Act(40 U.S.C. 333). performed may be deducted from the total original contract 3. Pursuant to 29 CFR 1926.3, it is a condition of this price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract perform- er. a. "Its own organization" shall be construed to include ance to inspect or investigate the matter of compliance with t" only workers employed and paid directly by the prime contrac- the construction safety and health standards and to carry out for and equipment owned or rented by the prime contractor the duties of the Secrets under Section 107 of the Contract with or without operators. Such term does not include employ-, Work Hours and Safety Standards Act (40 U.S.C. 333). s ees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to IX. FALSE STATEMENTS CONCERNING work that requires highly specialized knowledge, abilities, or HIGHWAY PROJECTS equipment not ordinarily available in the type of contracting In order to assure high quality and durable construction in organizations qualified and expected to bid on the contract conformity with approved plans and specifications and a high as a whole and in general are to limited to minor components degree of reliability on statements and representations made of the overall contract. by engineers, contractors, suppliers, and workers on Federal- '4 2. The contract amount upon which the requirements set aid highway projects, it is essential that all persons concerned forth in paragraph 1 of Section VII is computed includes the with the project perform their functions as carefully, thoroughly, cost of material and manufactured products which are to be and honestly as possible. Willful falsification, distortion, or mis- purchased or produced by the contractor under the contract representation with respect to any facts related to the project provisions. is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following 3. The contractor shall furnish (a) a competent superintendent notice shall be posted on each Federal-aid highway project t or supervisor who is employed by the firm, has full authority (23 CFR 635) in one or more places where it is readily available to direct performance of the work in accordance with the con- to all persons concerned with the project: Page 7 { 4ro 1 q F t I i ..kt� 'Y"=sr, In1" c •.i r ',� `fi`+¢p j ,r :3 b1' tt T'iY^\w..,,:Y• l� „•a f ` ..rY` z C s kri.8y� ✓r - —•i. . �:. +� r.. 7$i veR t tr,;. ,rlaN*��'•""'�yS.1tr K y`r.: '1}'N}1 # v$ t1 t EEC”"��ft��"{��'�;�' r•a��`�^'{d1� ,�y�l�`"rr X �ro`��t x;+ 1 3 fz ' �t ��}� rS•, q i v, ,i�r�c �11�f s4.�*. r?,�,1 R •'� .t"' t "e£i.a@ ;:;. •ia�'+4'a,a,ts.�'tJ Jk'..I..j��; Y .: : Notice to All Personnel Engaged on XI. CERTIFICATION REGARDING Federal-Aid Highway Projects DEBARMENT, SUSPENSION, ";. 18 U.S.C. 1020 reads as follows: NELIGIBILITY AND " AND VOLUNTARY EXCLUSION � Whoever befog an officer, agent, nr employee of the Untied +° States, of any State or Territory, or whoever, whether a person, 1, Instructions for Certification - Primary Covered Trans- association, fr•►n, or corporation, knowingly makes any false actions: (Applicable to all Federal-aid contracts - 49 CFR 29) statement,false representation, or false report as to the chat-- a. By signing and submitting this proposal, the prospective r t acter, quality, quantity, or cost of the material used to be primary participant is providing the certification set out below. used, or the quantity of the work performed or to be performed, ! ' k or• the cast thereof in connection with the submission of pfuns, b. The inability of a person to provide the certificatiot: •b' maps, spec ifratinrrs, contracts, or costs of construction on any set out below will not necessarily result in denial of participa- highway or related project submitted for approval to the Sec- tion in this covered transaction. The prospective participant shall s'r submit an explanation of why it cannot provide the certification i rotary oj'Trunsportation; a P y ' p set out below. The certification or explanation will be consid- ,. Whoever knowingly makes any false statement,false rep- ered in connection with -the department or agency's determine- ` resentation, false report or false claim with respect to the tion whether to enter into this transaction. However, character, quality, quantity, or cost of any work performed of the prospective primary failure g y P p p y participant to furnish a certification t, or to be performed, or• materials fiu•nished or to be fiu•nished, or an explanation shall disqualify such a person from participa- t . in connection with the construction of any highway or related tion in this transaction. project approved by the Secretary of Transportation;or Wh c. The certification in this clause is a material re re oeve knowingly makes an p P p senta- g y y false statement or false tion of fact upon which reliance was laced when the depart- representation' as to material fact in any statement, certificate, ment or agency determined to enter into this transaction. If or report submitted pursuant to provisions of the Federal-aid it is later determined that the prospective primary participant Roads Act approved Ady 1, 1916, (39 Stat. 355), as amended knowingly rendered an erroneous certification, in addition to and supplemented; other remedies available to the Federal Government, the depart- 7.y.. agency' Shall be freed not more that $10,000 or imprisoned not moot or ma Y terminate this transaction for cause of + more than 5 years at both." default. d. The prospective primary participant shall provide imme- diate written notice to the department or agency to whom this .:i X. IMPLEMENTATION OF CLEAN AIR ACT proposal is submitted if any time the prospective primary partic- r' AND FEDERAL WATER POLLUTION }pant learns that its certification was erroneous when submitted CONTROL ACT or has become erroneous by reason of changed circumstances. (Applicable to all Federal-aid construction contracts and to e. The terms "covered transaction," "debarred," "sus- pended," "ineligible," "lower tier covered transaction," "par- all related subcontracts of$100,000 or more.) I st t, ticipant," "person," "primary covered transaction," " rin- By submission of this bid or the execution of this contract, cipal," "proposal," and "voluntarily excluded," as used in <' or subcontract, as appropriate, the bidder, Federal-aid construe- this clause, have the meanings set out in the Definitions and 5".. tion contractor, or subcontractor, as appropriate, will be deemed Coverage sections of rules implementing Executive Order �•. to have stipulated as follows: 12549. You may contact the department or agency to which tt'r 1. That any facility that is or will be utilized in the perform- this proposal is submitted for assistance in obtaining a copy ance of this contract, unless such contract is exempt under of those regulations. K the Clean Air Act,as amended (42 U.S.C. 1857 et ,, as amended by PI 92-604), and under the Federal Water Pollution Con- f• The prospective primary participant agrees by submitting trol Act, as amended (33 U.S.C. 1251 et. seq., as amended this proposal that, should the proposed covered transaction be b Pub.L. 92-500 , entered into, it shall not knowingly enter into any lower tier Y ) Executive Order 11738, and regulations in covered transaction with a person who is debarred, suspended, implementation thereof (40 CFR IS) is not listed, on the date declared ineligible, or voluntarily excluded from participation . : of contract award, on the U.S. Environmental Protection Agency g Y in this covered transaction, unless authorized by the department (EPA) List of Violating Facilities pursuant to 40 CFR 15.20, or agency entering into this transaction. 2. That the firm agrees to comply and remain in compliance by with all the requirements of Section 114 of the Clean Air t g The prospective primary participant further agrees ed ',rt submitting this proposal that it will include dtis clause titled Act and Section 308 of the Federal Water Pollution Control � Certification Regarding Debarment, Suspension, Ineligibility Act and all regulations and guidelines listed thereunder. ' ' and Voluntary Exclusion-Lower Tier Covered Transaction," 3. That the firm shall promptly notify the SHA of the receipt provided by the department or agency entering into this covered of any communication from the Director, Office of Federal transaction, without modification, in all lower tier covered trans- z:. Activities, EPA, indicating that a facility that is or will be actions and in all solicitations for lower tier covered trans- ' utilized for the contract is under consideration to be listed actions. on the EPA List of Violating Facilities. h. A participation in a covered transaction may rely upon 4. That, the firm agrees to include or cause to be included a certification of a prospective participant in a lower tier cov- the requirements of paragraph l through 4 of this Section X ered transaction that is not debarred, suspended, ineligible, or in every nonexempt subcontract, and further agrees to take voluntarily excluded from the covered transaction, unless it such action as the government may direct as a means of enforc- knows that the certification is erroneous, A participant may ing such requirements. decide the method and frequency by which it determines the Page 8 f + },� �V:.. r��`. ., �� .. {� � � .tt '+ '" p �t4. .'+. ttSS .,..r? Jla r v��.r.r`y�r" � 4+ . C'4••irM tea. ,i. ��,{. V S�'� �� .'l t e f}�•.>�'n7t'`f� t�� J .X71 S k j{)�y�ft 3 r '. ^ t r+. .,[ k y t t �.t k, a 5S� %�4hx �y"�l''a,. t � ti�`�t�e��'tj� �r�jf v�,y S¢+'�•t A ,tz.t�j3�t 1`S r 5. r � r )rxL a i �{ {�rl1i��'Y�� a�t� t : eligibility r x, _;, ,• ,., g' y of its principals. Each participant may, but is not b. The certification in this clause is a material re reserta- required to, check the nonprocurement portion of the "Lists tion of fact upon which reliance was placed when this trans- of Parties Excluded From Federal Procurement or action was entered into. If it is later determined that the ro- ." Nonprocurement Programs" (Nonprocurement List) which is spective lower tier participant knowingly rendered an erroneous I compiled by the General Services Administration. a certification, in addition to other remedies available to the Fed- r' i. Nothing contained In the foregoing shall be construed cral Government, the department of agency with which this to require establishment of a system of records in order to transaction originated may pursue available remedies, including render in good faith the certification required by this clause. suspension and/or debarment. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person c. The prospective lower tier participant shall provide im- :; in the ordinary course of business dealings. mediate written notice to the person to which this proposal t` is submitted if at any time the prospective lower tier participant j. Except for transactions authorized under paragraph f leams that its certification was erroneous by reason of changed ' of these instructions, if a participant in a covered transaction circumstances. ' fi 4 knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily �- " "debarred," "sus- excluded d. t her terms "covered transaction, debarred, � from participation in this transaction, in addition to pended," "ineligible," "primary covered transaction," " ?; partici- `':a other remedies available to the Federal Government, the depart- Pant, "person," principal, proposal, and voluntarily ment or agency y excluded," as used in this clause, have the meanings ti. gene may terminate this transaction for cause or gs set out default. in the Definitions and Coverage sections of rules implementing w Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy Certification Regarding Debarment, of those regulations. 1�' 1 Suspension, Ineligibility and Voluntary Exclusion—Primary Covered Transactions e. The prospective lower tier participant agrees by submit- ting this proposal that, should the proposed covered transaction ~' 1. The prospective primary participant certifies to the be entered into, it shall not knowingly enter into any lower ?'.• best of its knowledge and belief, that it and its principals: tier covered transaction with a person who is debarred, sus- 4` a. Are not presently debarred, suspended, proposed pended, declared ineligible, or voluntarily excluded from partici- '"', for debarment, declared ineligible, or voluntarily xcluded Y pation in this covered transaction, unless authorized by the from covered transactions by any Federal department or department or agency with which this transaction originated. t ' agency; ' f f. The prospective lower tier participant further agrees b x b. Have not within a 3-year period preceding this g y A ??�' proposal been convicted of or had a civil judgement ren- submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility dered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, and Voluntary Exclusion-Lower Tier Covered Transaction," or performing a public (Federal, State or local) transaction without modification, in all lower tier covered transactions and or contract under a public transaction; violation of Federal in all solicitations for lower tier covered transactions. or State antitrust statutes or commission of emb°zzlement, g. A participation in a covered transaction may rely upon st theft, forgery, bribery, falsification or destruction of a certification of a prospective participant in a lower tier cov- v' records,.making false statements, or receiving stolen prop- ered transaction that is not debarred, suspended, ineligible, or erty; voluntarily excluded from the covered transaction, unless it c. Are not presently indicted for or otherwise crimi- knows that the certification is erroneous. A participant may nally or civilly charged by a governmental entity (Federal, decide the method and frequency by which it determines the• State or local) with commission of any of the offenses eligibility of its r ' g� Y principals. Each participant may, but is not S enumerated in paragraph lb of this certification; and required to, check the Nonprocurement List. d. Have not within a 3-year period • application/proposal had one or more public diis ic h. Nothing contained in the foregoing shall be construed (Federal, State or local) terminated for cause or default. to require establishment of a system of records in order to render in good faith the certification required by this clause. 2. Where the prospective primary participant is unable The knowledge and information of participant is not required ' to certify to any of the statements in this certification, to exceed that which is normally possessed by a prudent person such prospective participant shall attach an explanation to in the ordinary course of business dealings. this proposal. * * * * * i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction 2. Instructions for Certification—Lower Tier Covered knowingly enters into a lower tier covered transaction with Transactions: (Applicable to all subcontracts, purchase orders a person who is suspended, debarred, ineligible, or voluntarily and other lower tier transactions of $25,000 or more-49 CFR excluded from participation in this transaction, in addition to k' 29) other remedies available to the Federal Government, the depart- ment or agency with which this transaction originated may :A I a. By signing and submitting this proposal, the prospective pursue available remedies, including suspension and/or debar- lower tier participant is providing the certification set out below. ment. l I Page 9 ;� k•$,�t��,.�.s• ,r th'};°�.�b,'�3£1 v�4�% 5 v�,�` t' �5'��S. ''fix,, r�"�Ei,�� ,. `` �" 7' "�'4••;v�k'�a' �t"'�,k Ct43,�:`��.� � it��yt$ra�`� ;�j`�14� 3aeht'�b Jul, e � �.. tt� � p l �t �•'' x�R't�t�V,y. �n3. 5',��r 1 �«4 A`tl i t�7 ;21:•yt�) .+..�'Y .t, .i ��W�� ,t f t ,t�s.34,t'� •,y ,. tuta . 5 l d ��rrqq a: a��t}5 r� ,,. �ar ,.''.�'� i_ �, ;i .>� dry;�, �in< -fi,a�...:.r. ,• „A. ' `•,r' {:�, � nucj j' � i i ` ' afi fry+.+ .a.Ft. 't.. iF, tJ j n8. >� k 4 e a zt J t �p i 7 t 5 i..d er t rn?• t �' 1 p ;1A, } f +F ., t 3 �— a1 2 f J ;r- employee of Congress or an employee of a Member of Con- r`,< Certification Regarding Debarment, gress in connection with the awarding of any Federal contract, •t. Suspension Ineligibility and Voluntary the making of any Federal grant, the making of any Federal n y:w EXGIUSIAn--Lower Tier Covered loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, nmcndment, or modification _ t Transactions '`. of any Federal contract, grant, loan, or cooperative agreement, 1. The prospective lower tier participant certifies, by yJ submission of this proposal, that ncither it nor its principals b. If any funds other than Federal appropriated funds have is presently debarred, suspended, proposed for debarment, been paid or will be paid to any person for influencing or x. declared ineligible, or voluntarily excluded from participa- attempting to influence an officer or employee of any Federal xi tion in this transaction by any Federal department or agen- agency, a Member of Congress, an officer or employee of cy. Congress, or an employee of a Member of Congress in connec- i 2. Where the prospective lower tier participant is unable tion with this Federal contract, grant, loan, or cooperative agree- i= to certify to any of the statements in this certi ication, ment, the undersigned shall complete and submit Standard `k such p ros p ective participant shall attach an explanation to Fom-LLL, "Disclosure Form to Report Lobbying," in accord- this proposal. ance with its instructions. 2. This certification is a material representation of fact upon Irk'' XII. CERTIFICATION REGARDING USE OF which reliance was placed when this transaction was made CONTRACT FUNDS FOR LOBBYING or entered into. Submission of this certification is a prerequisite , for making or entering into this transaction imposed by 31 (Applicable to all Federal-aid construction contracts and to all related subcontracts of$100,000 or more-49 CFR 20) U.S.C. 1352, Any person who fails to file the required certiy- { Lr. cation shall be subject to a civil penalty of not less than$10,000 1. The prospective participant certifies, by signing and sub- and not more than $100,000 for each such failure. mitting this bid or proposal, to the best of his or her knowledge and belief, that: 3. The prospective participant also agrees by submitting his •�,a. or her bid or proposal that he or she shall require that the ?:t a. No Federal appropriated funds have been paid or will «:•� language of this certification be included in all lower tier sub- be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee contracts, which exceed $100,000 and that all such recipients , of any Federal agency, a Member of Congress, an officer or shall certify and disclose accordingly. t' J�•4 1 1 r N k, �S• u € Page 10 'U.S.G wrm d P*Wnp txt»: IM—34312Q+et M f } .ii.. i { crt�t ., fJ t � 1''}3 r:t��'6ttfS•f`%!� �� ,i 1{ 7 i" Jr7xa�ti°R•-��rA'N'V?b`�a-S'�:l�t S• �• ti ,, � ��'�•;��rj t q')" s��4�fz�tt�'x?'��,•#�s ,* �f„'r`�. � ""gyp}j,.��t��5��kl.�Ij�'s j�',�,,.5�`./tj�t�(�,.,�,r, '�,°ia�s� y`R't G= `�r•�'yt. t., :J � 'i �h+f.�yt�t,.,,+ yy i��'['•.�Vi�i,py'�5 !�'*d!_},t�+N.�t�� ' ��b��' '?!' t� v 3- �tk^"y� �Jj f•`�,'�`�'�h'��J{ r �{tid� si C•�� N"4 rr�;;k��k,+T (t 3• . r � } �1-�1{t� B> �`�t ,yt�i+ Yt t�7� ,��yy`�.,T� ,�t t �3 7Y+rc1��1 +tr Y` .•t �"� 'Ah i cJ, �{.�"<x x`�5 sta f'�:t'sf y!d t ty,d.rat 1 ��tt l t «?�° �kzi��t�.=tk S t � .i � .f . �l.�a: j�y2'k/fi�i�G yz�t^ �s./�5�t�`� 3iai�u�'tr��is �,f�,: 3 F•ii� y, �`z° s i y, � � s� C* ( p,L'1 7.�. 9', i� t� }��•+ �1��fa t�� i ��1� q{��G�j�.f� {�� 7,��' i t . �� f •. .,¢ t� v r x "�"„ "�' t` S t ds� ..�ie £��(I t yi�'��"-�'' �f � � � ' stP� 1 � � 1#x•, r �t} , f. r.;, � S �iY��fjPN t; �4it. 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