HomeMy Public PortalAboutORD14053 • BILL NO. 2006-20
SPONSORED BY Councilman Cindv Layton
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A
PRELIMINARY AND FINAL PUD PLAN FOR 830 WEATHERED ROCK COURT;
LOCATED ON LOT 15, STONEHILL SUBDIVISION, SECTION THREE, JEFFERSON
CITY, MISSOURI.
WHEREAS, T D K Properties, owner of the real estate hereinafter described, having
submitted to the City Council a Preliminary and Final PUD Plan of said real estate,
being located in Jefferson City, Cole County, Missouri, and more particularly
described as follows:
Lot 15, Stonehill Subdivision, Section Three, located in Section 24,
Township 44 North, Range 12 West, Jefferson City, Cole County, Missouri.
Containing approximately 4.48 acres.
WHEREAS, it appears that the procedures set forth in the zoning code relating to zoning
have In all matters been complied with, as said property owner submitted to the
Planning and Zoning Commission and City Council a Preliminary and Final PUD
Plan for the above referenced property.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
• JEFFERSON, MISSOURI, AS FOLLOWS:
SECTION 1. The Preliminary and Final PUD Plan submitted by Central Missouri
Professional Services, on file as Case No. P06019 in the Jefferson City Planning Division
is hereby approved for the above land referenced herein.
SECTION 2. The following principal land uses are approved for the site: Multi-
Family Residential.
SECTION 3. Approval is made subject to the following conditions: (1) The
underlying zoning district shall be RA-2 for the purpose of establishing allowed uses; (2)
Revise the site plan to show the southwest trash dumpster with enclosure; (3) Compliance
with Engineering Division recommendations and corrections to the site plan.
SECTION 4. Common Areas and Public Land. No common areas are proposed
and no lands are dedicated to public use with this PUD Plan.
SECTION 5. Access: Vehlcular access will be obtained from a 25' wide
entrance/exit drive off Weathered Rock Court which Is a local commercial street.
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SECTION 6. This ordinance shall be in full force and effect from and after the data
of its passage and approval.
Passed: �G!/jt� �l/ D Approved. �o -tor,
P dl g Officer, yor
ATTEST: APP 0 ED AS O FORM:
City CI rk City Counselor
• 2
PUBLIC HEARING NOTICE
830 Weathered Rock Court
Preliminary and Final PUD Plan
• The City Council of the City of Jefferson, Missouri, will hold a public hearing on Monday, June
19, 2006 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320
East McCarty Street, to consider a Preliminary and Final PUD Plan for the property described
herein:
Section 1. The subject property, containing approximately 4.48 acres, is addressed as
830 Weathered Rock Court and is described as follows: Lot 15, Stonehlll Subdivision, Section
Three, located in Section 24, Township 44 North, Range 12 West, Jefferson City, Cole County,
Missouri.
Section 2. The purpose of the public hearing Is to consider an application for a
Preliminary and Final PUD Plan for the construction of a 40-unit apartment complex. The
application was filed by T D K Properties, property owner, and is zoned PUD Planned Unit
Development. The complete application is on file as Case No. P06019 and is available for
Inspection during regular business hours at the Department of Community Development,
Planning Division, Room 120, John G. Christy Municipal Building, 320 East McCarty Street,
Jefferson City, Missouri.
Phyllis Powell, City Clerk
City of Jefferson, Missouri
P.T. - Friday, June 2, 2006
Department of Community Development/Planning Division
320 East McCarty Street, Room 120
Jefferson City, Missouri 65101
Contact: Anne Stratman or Janice McMillan
(573)634.6475 Fax(573)634-6457
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APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD)
Dole Rocolvod
City of Jefferson - Planning Division
Department of Community Development
• 320 East McCarty Street -Jefferson City, Missouri 65101
Phone (573) 634.6410 Fax (573) 634.6457
❑ Concept PUD Plan and Rezoning(a Rezoning Application must also be submitted)
❑ Preliminary PUD Plan and Rezoning (a Rezoning Application must also be submitted)
❑ Preliminary PUD Plan (where land is already zoned PUD)
Qt Final PUD Plan (where land is already zoned PUD)
D Final PUD Plan and Subdivision Plat(when the subdivision of land Into lots is required)
PUD Project Name: Weathered Rock Apartments, Phase II
Street Address: 830 Weathered Rock Court
Legal Description (as follows or is attached): Lot 1115 Stonehill, Section Three
Please attach or Include the following:
(a) Typed project narrative describing the type and character of the development, including land uses,
acreage, proposed residential densities or commercial floor area (FAR); public or private open
space, amenities or recreation areas to be provided;sidewalks and pedestrian ways; parking areas;
deviations from minimum design standards of Section 35.51; project phasing plan, if applicable; and
other Information required by Section 35.74 or applicable sections of the Zoning Code. The project
title and location must be Included upon every page. Number all pages and attachments.
(b) Site Plan and/or Development Plan,as applicable.
(c) Preliminary or Final Subdivision Plat or Declaration of Condominium Association, as applicable;
(d) Draft of Covenants, Conditions and Restrictions,as applicable;
(e) Traffic Impact analysis, if required by Section 35.60;
(f) Signage Plan, including type, locations and dimensions of all proposed signs;
• (g) Landscaping and Screening Plan;
(h) Lighting Plan, Including pole heights, type of fixtures or luminaries, and foot candles;
(1) Filing fees
Please supply four(4)copies of aft required material for initial staff review,Additional copies may be required for
distribution to the Planning and Zoning Commission and City Council,in the number as specified by staff.
Application Information:
Applicant Name(If different from owner): Landmark Development, LLC ATTN: Larry Harness
Address 211 Bolivar Street,� .0 Box 105107, tefferson City, MO 65110
Phone Number(s): 635-2255 640-0141 (cell)
(Attach ProjecUApplicant Information Sheet if more space is necessary)
Consultant Name: Robert t1. Bates, P.E. Central Alissouri PYOfessiOnal_Servicea, Inc.
Address: �S�hst McCarty Street, Je ferson C ty, Pt0 5101
Phone Number(s): 634-3455
The tacchee infafm o c /I d tely represents this proposed project.
Richard J. Otke, Member, TDK Properties, LLC
ropeny C ner S to VVV Printed Name ' Date 04/10106
f�(ej G, b( Robert M. Bates P.E. , Central MO Professional Svc .
Consultant Signature Printed Name Data 04/10/0G
For staff Use only:
Application Filing Foe Received: Amount Chock # 1
0ttectiments: _Narrative Silo Plan —ApplicantlPro)ect Information Sheet
ale other Information submitted:
Page 1 of 6
PUD NARRATIVE
WEATHERED ROCK APARTMENTS PHASE II
Landmark Development, LLC
04.10.06
(a.) The project proposes to build a 40-unit apartment complex on Lot#15 of
STONEHILL—SECTION THREE. The proposed site is 4.48 acres. The units
will be a combination of 2 bedrooms and 3 bedrooms in a total of five(5)
buildings. An administrative office area will be provided in the lower level of
one building.
(b.) A PUD site plan is included with the submittal.
(c.) The site is platted as Lot#15, Stonehill—Section Three.
(d.) No additional covenants or restrictions are proposed.
(e.) No site specific traffic impact study is required.
(f.) Signage is planned to be monument type 6 feet high by 12 feet long with exterior
lighting,
(g,) Landscaping is as shown on the Site Plan.
(h.) Lighting is as shown on the plan.
(I.) Filing fees in the amount of$380,00 are included with the submittal
Page 1
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Jefferson City Planning&Zoning Commission
Property Owners List
Case No. P06019 830 Weathered Rock Court May 11, 2006
Margaret Beck
• 4206 Oakridge Road
Jefferson City, MO 65109
Route B
Christy Drive
Bristol Care Inc.
201 W. 3rd Street
Sedalia, MO 65301
834 Weathered Rock Court
Geraldine Karr
2500 Tanner Bridge Place
Jefferson City, MO 65101
2500 Tanner Bridge Place .
Missouri Consolidated LLC
2421 W. Edgewood Drive
Jefferson City;MO 65109
832 Weathered Rock Road
TDK Properties
2421 W. Edgewood Drive
Jefferson City, MO 65109
838 Weathered Rock Rd or 2224 Stonehill Rd
826 Weathered Rock Rd or 828 Weathered Rock Rd
824 Weathered Rock Road
•
PLANNING STAFF RisPORT
JEFFERSON CITY PLANNING AND Z,ONiNG COMMISSION
piny 11,2006
• Case No. P06019—830 Weathered Rock Court; Preliminary and Final i'UD Plan. Application filed
by Richard Otke on behalf of Landmark Development, LLC for approval ofa Preliminary and Final PUD
]'lair to allow the construction of a 40 unit apartment complex (Central Missouri Professional Services).
Notification
By publication in the newspaper, by letter to adjacent and affected property owners within 185 feet, and by
posting a sign on the property.
Nature of Request.
The applicant requests approval of Preliminary and Finai PUD Site Plan to allow the construction ofa 40 unit
apartment complex.
Location
This 4.48 acres of l'UD zoned properly is located on the west side of the temrinus of Weathered Rock Court
approximately 350 feet south of Weathered Rock Road and consists of one platted lot. Adjacent zoning is
PUD to the north and east and RS-2 Single Family Residential to the south and west.A new office building is
proposed immediately to the north,an independent living facility exists towards the northeast,and an office
building exists immediately to the cast. Land located to the south and west is undeveloped.
Access/Traffic
The site will obtain access from Weathered Rock Court, which is a local commercial street with 60 feet of
right-of-way and 33 feet of pavement. The entrance/exit drive will be 25' wide.
• Staff Analysis
Pennitted Uses. A PUD preliminary plan is used to establish the underlying zoning, allowed uses, density,
layout, design and phasing of the development. The applicant intends to construct a multi-family apartment
building. Based on surrounding uses,RA-2 would be the most appropriate underlying zoning for purposes of
establishing uses allowed on the property,
Building Size. The applicant proposes to construct 5 two-story buildings with each building containing 8
dwelling units.The units will be both two and three bedrooms, An administrative office will be provided in the
lower level of one building. The floor area to parcel area ratio (FAR) will be 0.24 or 24%. The standard
maximum PAR in a PUD District is 1.0.The proposed project will cover about 2.07 acres or 46%of the site
with buildings and paved driveways and parking areas.
Buildin *Design, The proposed buildings will have an exterior finish of brick and sidingsintilarto Weathered
Rock Apartments Phase 1. fixisting nearby buildings have an exterior finish consisting of a combination of
brick and dryvit and brick and lap siding. The planned office building to the north will consist of precast
concrete panels.'rhe residential buildings have pitched roofs covered with composite asphalt shingles and the
office buildings have or will have a flat roof.
Setbacks.The proposed buildings will be set back 74'from the east front property line, 10' from the north side
property line, 172' from the south side property line,and 105' from the west rear properly line--all meeting or
exceeding minimum requirements.
• Parking. The parking requirement is 2 spaces/unit for residential apartments or 80 spaces for the 40 units.
The PUD site plan shows 92 spaces, including 81 standard and I handicap spaces. The parking lot layout
provides a parking area on three sides of the buildings with 9'x 20'parking stalls and 25'wide driving aisles.
Planning and Zoning Commission May 11, 2006
Case No. 06019 Page 2
Pedestrian Walkways. A 6' wide sidewalk is proposed around the front of all buildings.
• Landscaping. Parking lot landscaping will be provided by 8 While Ash and 9 Swamp While Oak trees
generally located in the front yard between the parking areas and the buildings. Some will be located near the
access drive and the trash dumpster. At maturity these trees will provide a canopy estimated to shade 37%of
the paved area which exceeds the minimum requirement of 35%.No bufferyards are required.
%M& in PUD districts,the location,size and character of signs shall be established by the Commission and
Council during site plan review and approval.The applicant is proposing a 6' high x 12' long externally lit
monument sign located near the entrance drive.Forcomparison purposes, in a multi-family residential district
such as RA-2,one ground sign not more than 7' tall with a maximum sign area of 32 square feet would be
ordinarily allowed.
L' ahtin . Parking lot lights will have 18' tall fixtures which matches those used on Weathered Rock Phase 1.
Other lighting will be mounted on the building near entrances for safely and security purposes. Sec. 35-57 of
the zoning code allows light fixtures in residential areas to be no more than 20'tall and requires fixtures to be
shielded to prevent glare and light from illuminating areas beyond the site.
Service Facilities. A trash pad with enclosure is shown at the southeast coraerofthe site.Another trash pad is
shown at the southwest corner of the site but needs to be labeled.
Slornnvater. Runoff from thebuilding,parking lot and driveways will drain to 14 area inlets to be installed in
various locations within the parking lot and in the interior of the development.Runoff from the area inlets will
be conveyed by 15", 24"and 30"underground storm sewer pipes to an existing 5' x 5' area inlet and a 42"
storm sewer located near the cul-de-sac.
Utilities. Water, sanitary sewer, gas, underground electric, telephone and cable TV lines are located in the
right-of-way of adjacent streets or nearby utility casements.
Sidewalks. No public sidewalk is shown on the site plan as being built by the applicant along the street
frontage of the property. While sidewalks would be beneficial to pedestrians, no sidewalks currently exist
along adjacent or nearby streets. In addition,traffic volume and speed is relatively low on these streets and no
pedestrian generating facilities such as schools or parks are located in the area.
Staff Recommendation
Approve the Preliminary and Final PUD Site Plan, subject to the following conditions:
I. The underlying zoning district shall be RA-2 for the purpose of establishing allowed uses.
2. Revise the site plan to show the southwest trash dumpster pad with enclosure.
3. Compliance with Engineering Division recommendations and corrections to the site plats.
•
• CCO Form: TP2
Approved: 07/96 (KMH)
Revised: 01/06 (BDG)
Modified:
CFDA Number: CFDA #20.205
CFDA Title: Highway Planning and Construction
Award name/number: STP-3114 (502)
Award Year: FY2006
Federal Agency: Federal Highway Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
STP-URBAN PROGRAM AGREEMENT
THIS STP-URBAN AGREEMENT is entered into by the Missouri Highways and
Transportation Commission (hereinafter, "Commission") and the City of Jefferson,
Missouri (hereinafter, "City").
WITNESSETH:
WHEREAS, 23 U.S.C. §133 authorizes a Surface Transportation Program (STP)
• to fund transportation related projects; and
WHEREAS, the City desires to construct certain improvements, more specifically
described below, using such STP funding; and
WHEREAS, those Improvements are to be designed and constructed in
compliance with the provisions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations in this Agreement, the parties agree as follows:
(1) PURPOSE: The Improvement contemplated by this Agreement and
designated as Project STP-3114 (502) Involves:
Widening of the exit ramp from Hwy 54 and the addition of a lane on Jefferson
Street from the ramp to the intersection of Stadium Blvd., and an additional lane
on Stadium Blvd. From the intersection with Jefferson Street to the intersection
with Christy Drive.
(2) LOCATION: The contemplated Improvement designated as Project STP-
3114 (502) by the Commission is within the city limits of Jefferson City, Missouri. The
general location of the Improvement is shown on an attachment hereto marked "Exhibit
• A" and Incorporated herein by reference. More specific descriptions are as follows:
• See Attachment—"Exhibit A"
(3) LIMITS OF SYSTEM: The limits of the surface transportation system for
the City shall correspond to its geographical area as encompassed by the urban
boundaries of the City as fixed cooperatively by the parties subject to approval by the
Federal Highway Administration (FHWA).
(4) ROUTES TO BE INCLUDED: The City shall select the high traffic volume
arterial and collector routes to be included In the surface transportation system, to be
concurred with by the Commission, subject to approval by the FHWA. it is understood
by the parties that surface transportation system projects will be limited to the said
surface transportation system, but that streets and arterial routes may be added to the
surface transportation system, including transfers from other federal aid systems.
(5) INVENTORY AND INSPECTION: The City shall:
(A) Furnish annually, upon request from the Commission or FWHA,
Information concerning conditions on streets Included in the STP system under local
jurisdiction Indicating miles of system by pavement width, surface type, number of lanes
and traffic volume category.
• (B) Inspect and provide inventories of all bridges on that portion of the
federal-aid highway systems under the jurisdiction of the City in accordance with the
Federal Special Bridge Replacement Program, as set forth in 23 U.S.C. §144, and
applicable amendments or regulations promulgated thereunder.
(7) CITY TO MAINTAIN: Upon completion of construction of this
Improvement, the City shall accept control and maintenance of the improved street and
shall thereafter keep, control, and maintain the same as, and for all purposes, a part of
the City street system at its own cost and expense and at no cost and expense
whatsoever to the Commission. Any traffic signals installed on highways maintained by
the Commission will be turned over to the Commission upon completion of the project
for maintenance. All obligations of the Commission under this Agreement shall cease
upon completion of the Improvement.
(8) INDEMNIFICATION: To the extent allowed by law, the City shall be
responsible for injury or damages as a result of any services andtor goods rendered
under the terms and conditions of this Agreement. In addition to the liability Imposed
upon the City on the account of personal Injury, bodily Injury, Including death, or
property damage, suffered as a result of the City's performance under this Agreement,
the City assumes the obligation to save harmless the Commission, including Its agents,
employees and assigns, from every expense, liability or payment arising out of such
•
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• wrongful or negligent act or omission, including legal fees. The City also agrees to hold
harmless the Commission, Including Its agents, employees and assigns, from any
wrongful or negligent act or omission committed by any subcontractor or other person
employed by or under the supervision of the City for any purpose under this Agreement,
and to indemnify the Commission, including its agents, employees and assigns, from
every expense, liability or payment arising out of such wrongful or negligent act or
omission. It is the Intent of the parties that the Commission is to assume no liability for
the completion of the contemplated improvement and, if the Commission should expend
any funds in connection with this improvement for which it is not reimbursed by the
United States Government, the City will reimburse the Commission for those funds.
(9) CONSTRUCTION SPECIFICATIONS: Parties agree that all construction
under the Surface Transportation Program for the City will be constructed in accordance
with current Missouri Department of Transportation (MoDOT) design
criteria/specifications for urban construction unless separate standards for the surface
transportation system have been established by the City and the Commission subject to
the approval of the Federal Highway Administration.
(10) ACQUISITION OF RIGHT OF WAY: No acquisition of additional right of
way is anticipated in connection with Project STP-3114 (502) or contemplated by this
Agreement.
i (11) REIMBURSEMENT: The cost of the contemplated Improvements will be
borne by the United States Government and by the City as follows:
(A) The United States Government is presently participating in eighty
percent (80%) of the eligible costs of STP-Urban Projects. Any costs for these
improvements which exceed federal reimbursement shall be the sole responsibility of
the City. The Commission shall not be responsible for any costs associated with these
Improvements unless specifically identified in this Agreement or subsequent
amendments. Any costs incurred by the City prior to authorization from FHWA and
notification to proceed from the Commission are not reimbursable costs.
(B) The total reimbursement otherwise payable to the City under this
Agreement is subject to reduction, offset, levy, judgment, collection or withholding, if
there is a reduction in the available federal funding, or to satisfy other obligations of the
City to the Commission, the State of Missouri, the United States, or another entity acting
pursuant to a lawful court order, which City obligations or liability are created by law,
judicial action, or by pledge, contract or other enforceable Instrument. Any costs
Incurred by the City prior to authorization from FHWA and notification to proceed from
the Commission are not reimbursable costs.
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• (12) PERMITS: The City shall secure any necessary approvals or permits from
the Federal Government and the State of Missouri as required to permit the construction
and maintenance of the contemplated improvements.
(13) TRAFFIC CONTROL: The plans shall provide for handling traffic with
signs, signal and marking in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD).
(14) WORK ON STATE RIGHT OF WAY: If any contemplated Improvements
for Project STP-3114 (502) will involve work on the state's right of way, the City will
provide reproducible final plans to the Commission relating to such work.
(15) DISADVANTAGED BUSINESS ENTERPRISES: At time of processing
the required project agreements with the Federal Highway Administration, the
Commission will advise the City of any required goals for participation by disadvantaged
business enterprises to be included In the City's proposal for the work to be performed.
The City shall submit for Commission approval a disadvantaged business enterprise
goal or plan. The City shall comply with the plan or goal that is approved by the
Commission and all requirements of 49 C.F.R. Part 26, as amended.
(16) NOTICE TO BIDDERS: The City shall notify the prospective bidders that
disadvantaged business enterprises shall be afforded full and affirmative opportunity to
• submit bids in response to the invitation and will not be discriminated against on
grounds of race, color, sex, or national origin in consideration for an award.
(17) PROGRESS PAYMENTS: Progress payments to the City for preliminary
engineering and right of way are available upon the City's written request. In the event
Project STP-3114 (502) is not built or is built to standards not satisfactory to the Federal
Highway Administration, the City agrees to repay the Commission for any progress
payments made to the City for the respective project and agrees that the Commission
may deduct progress payments made to the City from future payments to the City.
(18) OUTDOOR ADVERTISING: The City further agrees that the right of way
provided for any Surface Transportation Program Improvement will be held and
maintained inviolate for public highway or street purposes, and will enact and enforce
any ordinances or regulations necessary to prohibit the presence of billboards or other
advertising signs or devices and the vending or sale of merchandise on such right of
way, and will remove or cause to be removed from such right of way any sign, private
Installation of any nature, or any privately owned object or thing which may Interfere with
the free flow of traffic or Impair the full use and safety of the highway or street.
(19) PROJECT AUDIT: The Commission will perform a final audit of project
costs. The United States Government shall reimburse the City, through the
Commission, any monies due. The City shall refund any overpayments as determined
• by the final audit.
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e
• (20) OMB AUDIT: If the City expend(s) five hundred thousand ($500,000) or
more In a year In federal finance assistance it is required to have an independent
annual audit conducted in accordance with OMB Circular A-133. A copy of the audit
report shall be submitted to the Missouri Department of Transportation (MoDOT) within
thirty (30) days of the Issuance of the report. Subject to the requirements of OMB
Circular A-133, if the City expend(s) less than five hundred thousands dollars
($500,000) a year, the City may be exempt from auditing requirements for that year but
records must be available for review or audit by applicable state and federal authorities.
(21) VENUE: It is agreed by the parties that any action at law, suit In equity, or
other judicial proceeding to enforce or construe this Agreement, or regarding its alleged
breach, shall be Instituted only in the Circuit Court of Cole County, Missouri.
(22) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the State of Missouri. The City shall comply with all local, state
and federal laws and regulations relating to the performance of this Agreement.
(23) AMENDMENTS: Any change in this Agreement, whether by modification
or supplementation, must be accomplished by a formal contract amendment signed and
approved by the duly authorized representatives of the City and the Commission.
• (24) COMMISSION REPRESENTATIVE: The Commission's chief engineer is
designated as the Commission's representative for the purpose of administering the
provisions of this Agreement. The Commission's representative may designate by
written notice other persons having the authority to act on behalf of the Commission in
furtherance of the performance of this Agreement.
(25) NOTICES: Any notice or other communication required or permitted to be
given hereunder shall be In writing and shall be deemed given three (3) days after
delivery by United States mail, regular mail postage prepaid, or upon receipt by
personal or facsimile delivery, addressed as follows:
(A) To the City:
City of Jefferson
320 East McCarty Street
Jefferson, MO 65101
Facsimile No.: (573) 634-6562
(B) To the Commission:
1511 Missouri Blvd.
P.O. Box 718
Jefferson City, MO 65102
Facsimile No.: (573) 751-8267
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• or to such other place as the parties may designate In accordance with this Agreement.
To be valid, facsimile delivery shall be followed by delivery of the original document, or
a clear and legible copy thereof, within three (3) business days of the date of facsimile
transmission of that document.
(26) NONDISCRIMINATION ASSURANCE: With regard to work under this
Agreement, the City agrees as follows:
(A) Civil Rights Statutes: The City shall comply with all state and
federal statutes relating to nondiscrimination, Including but not limited to Title VI and
Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000d and §2000e, et
seq.), as well as any applicable titles of the "Americans with Disabilities Act' (42 U.S.C.
§12101, et seq.). In addition, if the City is providing services or operating programs on
behalf of the Department or the Commission, it shall comply with all applicable
provisions of Title II of the "Americans with Disabilities Act'.
(B) Administrative Rules: The City shall comply with the administrative
rules of the United States Department of Transportation relative to nondiscrimination in
federally-assisted programs of the United States Department of Transportation (49
C.F.R. Part 21) which are herein incorporated by reference and made part of this
Agreement.
• (C) Nondiscrimination: The City shall not discriminate on grounds of
the race, color, religion, creed, sex, disability, national origin, age or ancestry of any
Individual in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The City shall not participate either directly or
indirectly in the discrimination prohibited by 49 C.F.R. §21.5, Including employment
practices.
(D) Solicitations for Subcontracts. Including Procurements of Material
and Equipment: These assurances concerning nondiscrimination also apply to
subcontractors and suppliers of the City. These apply to all solicitations either by
competitive bidding or negotiation made by the City for work to be performed under a
subcontract Including procurement of materials or equipment. Each potential
subcontractor or supplier shall be notified by the City of the requirements of this
Agreement relative to nondiscrimination on grounds of the race, color, religion, creed,
sex, disability or national origin, age or ancestry of any individual.
(E) Information and Reports: The City shall provide all Information and
reports required by this Agreement, or orders and instructions issued pursuant thereto,
and will permit access to Its books, records, accounts, other sources of Information, and
its facilities as may be determined by the Commission or the United States Department
of Transportation to be necessary to ascertain compliance with other contracts, orders
and instructions. Where any information required of the City is In the exclusive
• possession of another who fails or refuses to furnish this information, the City shall so
6
• certify to the Commission or the United States Department of Transportation as
appropriate and shall set forth what efforts it has made to obtain the Information.
(F) Sanctions for Noncompliance: In the event the City falls to comply
with the nondiscrimination provisions of this Agreement, the Commission shall Impose
such contract sanctions as it or the United States Department of Transportation may
determine to be appropriate, including but not limited to:
1. Withholding of payments under this Agreement until the City
complies; and/or
2. Cancellation, termination or suspension of this Agreement, in
whole or in part, or both.
(G) Incorporation of Provisions: The City shall Include the provisions of
paragraph (26) of this Agreement in every subcontract, including procurements of
materials and leases of equipment, unless exempted by the statutes, executive order,
administrative rules or instructions issued by the Commission or the United States
Department of Transportation. The City will take such action with respect to any
subcontract or procurement as the Commission or the United States Department of
Transportation may direct as a means of enforcing such provisions, including sanctions
for noncompliance; provided that in the event the City becomes involved or is
• threatened with litigation with a subcontractor or supplier as a result of such direction,
the City may request the United States to enter into such litigation to protect the
Interests of the United States.
(27) ACCESS TO RECORDS: The City and its contractors must maintain all
records relating to this Agreement, including but not limited to invoices, payrolls, etc.
These records must be available at no charge to the FHWA and the Commission and/or
their designees or representatives during the period of this Agreement and any
extension, and for a period of three (3) years after the date on which the City receives
reimbursement of their final invoice from the Commission.
• 7
• IN WITNESS WHEREOF, the parties have entered Into this Agreement on the
date last written below.
Executed by the City this aL '%ay of 006.
Executed by the Commission this day of A 1 04,4 , 2006.
MISSOURI HIGHWAYS AND CITY OF JEFFERSON
TRANSPORTATION COMMISSION
Title Chief Engineer tl�_� �
ATTEST: AA ATT
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Secretary to the Commission
Title
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"EXHIBIT A"
STP URBAN PROGRAM AGREEMENT
BETWEEN
• MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION
AND
CITY OF JEFFERSON
I
STP-5114 (502)
jFHWA-1273 Electronic version March 10, 1994 Page 1 of 22
Search FHWA: eyProgram Administration ord s) EN
EHM Infrastructure>Program Adminis1ratlon>9.9a1[ads
FHWA•1273 Electronic version—March 10,1994
Required Contract Provisions Federal-Aid Construction Contracts
I _General
11. Nondiscrimination
III. Nonsegregated Facilities
IV. Payment of Predetermined Minimum Wage
V. Statements and Payrolls
VI. Record of Materials Suootles._and Labor
VII. Subletting or Assigning the Contract
VIII. Safety: Accident Prevention
IX, False Statements Concerning Highway Projects
X. Implementation of Clean Air Act and Federal Water Pollution Control Act
XI. Certification Regarding Debarment.Suspension Ineligibility, and Voluntary Exclusion
XII, Certification Regarding Use of Contract Funds for Lobbying
Attachments
A. Employment Preference for Appalachian Contracts(Included in Appalachian contracts only)
I. GENERAL
1. These contract Provisions shall apply to all work performed on the contract by the
contractor's own organization and with the assistance of workers under the contractor's
Immediate superintendence and to all work performed on the contract by piecework,
station work,or by subcontract.
2. Except as otherwise provided for in each section,the contractor shall Insert in each
subcontract all of the stipulations contained in these Required Contract Provisions,and
further require their inclusion in any lower tier subcontract or purchase order that may in
turn be made.The Required Contract Provisions shall not be Incorporated by reference in
any case.The prime contractor shall be responsible for compliance by any subcontractor
or lower tier subcontractor with these Required Contract Provisions.
3. A breach of any of the stipulations contained in these Required Contract Provisions shall
be sufficient grounds for termination of the contract.
4. A breach of the following clauses of the Required Contract Provisions may also be
grounds for debarment as provided In 29 CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3,4, and 7;
Section V, paragraphs 1 and 2a through 2g,
• 5. Disputes arising out of the labor standards provisions of Section IV(except paragraph 5)
and Section V of these Required Contract Provisions shall not be subject to the general
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F14WA-1273 Electronic version March 10, 1994 Page 2 of 22
disputes clause of this contract. Such disputes shall be resolved in accordance with the
• procedures of the U.S. Department of Labor(DOL)as set forth in 29 CFR 5,6, and 7.
Disputes within the meaning of this clause Include disputes between the contractor(or
any of Its subcontractors) and the contracting agency, the DOL, or the contractor's
employees or their representatives.
6. Selection of Labor: During the performance of this contract,the contractor shall not:
a, discriminate against labor from any other State, possession, or territory of the
United States (except for employment preference for Appalachian contracts,when
applicable, as specified in Attachment A), or
b. b, employ convict labor for any purpose within the limits of the project unless it is
labor performed by convicts who are on parole, supervised release, or probation.
11. NONDISCRIMINATION
(Applicable to all Federal aid construction contracts and to all related subcontracts of$10,000 or
more.)
1. Equal Employment Opportunity: Equal employment opportunity(EEO) requirements
not to discriminate and to take affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations(28 CFR 35, 29 CFR 1630 and 41 CFR
60)and orders of the Secretary of Labor as modified by the provisions prescribed herein,
and Imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractor's project activities under this contract.The Equal
• Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the
provisions of the American Disabilities Act of 1990(42 U.S.C. 12101 Al M,) set forth
under 28 CFR 35 and 29 CFR 1630 are Incorporated by reference In this contract. In the
execution of this contract, the contractor agrees to comply with the following minimum
specific requirement activities of EEO:
a. The contractor will work with the State highway agency(SHA)and the Federal
Government in carrying out EEO obligations and In their review of his/her activities
under the contract.
b. The contractor will accept as his operating policy the following statement:
"It is the policy of this Company to assure that applicants are
employed, and that employees are treated during employment,
without regard to their race, religion, sex, color, national origin, age
or disability. Such action shall Include: employment,upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff
or termination;rates of pay or other forms of compensation; and
selection for training, including apprenticeship, preapprenticeship,
and/or 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 responsibility for and must be capable of
• effectively administering and promoting an active contractor program of EEO and who
must be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy:All members of the contractor's staff who are authorized to
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hire, supervise, promote, and discharge employees,or who recommend such action, or
• who are substantially Involved in such action,will be made fully cognizant of, and will
Implement, the contractor's EEO policy and contractual responsibilities 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 time the contractor's EEO policy and Its implementation will be
reviewed and explained.The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be given a thorough
Indoctrination by the EEO Officer, covering all major aspects of the contractor's
EEO obligations within thirty days following their reporting for duty with the
contractor.
c, All personnel who are engaged in direct recruitment for the project will be
instructed by the EEO Officer in the contractor's procedures for locating and hiring
minority group employees.
d. Notices and posters setting forth the contractor's EEO policy will be placed in
areas readily accessible to employees, applicants for employment and potential
employees.
e. The contractor's EEO policy and the procedures to Implement such policy will be
• brought to the attention of employees by means of meetings, employee
handbooks,or other appropriate means.
4. Recruitment:When advertising for employees,the contractor will Include In all
advertisements for employees the notation: "An Equal Opportunity Employer."All such
advertisements will be placed in publications having a large circulation among minority
groups in the area from which the project work force would normally be derived,
a. The contractor will, unless precluded by a valid bargaining agreement,conduct
systematic and direct recruitment through public and private employee referral
sources likely to yield qualified minority group applicants.To meet this
requirement,the contractor will identify sources of potential minority group
employees, and establish with such Identified sources procedures whereby
minority group applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining agreement providing for
exclusive hiring hall referrals, he Is expected to observe the provisions of that
agreement to the extent that the system permits the contractor's compliance with
EEO contract provisions. (The DOL has held that where implementation of such
agreements have the effect of discriminating against minorities or women, or
obligates the contractor to do the same, such Implementation violates Executive
Order 11246, as amended,)
• c, The contractor will encourage his present employees to refer minority group
applicants for employment. Information and procedures with regard to referring
minority group applicants will be discussed with employees.
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S. Personnel Actions:Wages,working conditions, and employee benefits shall be
• established and administered,and personnel actions of every type, including hiring,
upgrading, promotion,transfer,demotion,layoff, and termination, shall be taken without
regard to race,color, religion, sex,national origin, age or disability.The following
procedures shall be followed:
a. The contractor will conduct periodic Inspections of project sites to Insure that
working conditions and employee facilities do not Indicate discriminatory treatment
of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each
classification to determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to
determine whether there is evidence of discrimination.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 complaints, and will take appropriate corrective action
within a reasonable time. If the investigation indicates that the discrimination may
affect persons other than the complainant, such corrective action shall Include
such other persons.Upon completion of each investigation, the contractor will
• Inform every complainant of all of his avenues of appeal,
6. Training and Promotion:
a. The contractor will assist In locating, qualifying, and increasing the skills of
minority group and women employees, and applicants for employment.
b. Consistent with the contractor's work force requirements and as permissible under
Federal and State regulations, the contractor shall make full use of training
programs, Le., apprenticeship, and on-the-job training programs for the
geographical area of contract performance. Where feasible, 25 percent of
apprentices or trainees in each occupation shall be in their first year of
apprenticeship or training. In the event a special provision for training is provided
under this contract, this subparagraph will be superseded as indicated in the
special provision,
c. The contractor will advise employees and applicants for employment of available
training programs and entrance requirements for each.
d. The contractor will periodically review the training and promotion potential of
minority group and women employees and will encourage eligible employees to
apply for such training and promotion.
• 7. Unions: If the contractor relies in whole or In part upon unions as a source of employees,
the contractor will use his/her best efforts to obtain the cooperation of such unions to
Increase opportunities for minority groups and women within the unions, and to effect
referrals by such unions of minority and female employees.Actions by the contractor
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either directly or through a contractor's association acting as agent will Include the
• procedures set forth below:
a. The contractor will use best efforts to develop, In cooperation with the unions,Joint
training programs aimed toward qualifying more minority group members and
women for membership in the unions and Increasing the skills of minority group
employees and women so that they may qualify for higher paying employment.
b. The contractor will use best efforts to Incorporate an EEO clause into each union
agreement to the end that such union will be contractually bound to refer
applicants without regard to their race,color, religion, sex, national origin, age or
disability.
c. The contractor is to obtain information as to the referral practices and policies of
the labor union except that to the extent such Information is within the exclusive
possession of the labor union and such labor union refuses to furnish such
Information to the contractor,the contractor shall so certify to the SHA and shall
set forth what efforts have been made to obtain such Information.
d. In the event the union is unable to provide the contractor 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 full efforts to obtain qualified and/or qualifiable
minority group persons and women. (The DOL has held that it shall be no excuse
that the union with which the contractor has a collective bargaining agreement
providing for exclusive referral failed to refer minority employees.) In 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 notify the SHA,
8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment:
The contractor shall not discriminate on the grounds of race, color, religion, sex, national
origin, age or disability in the selection and retention of subcontractors, including
procurement of materials and leases of equipment.
a. The contractor shall notify all potential subcontractors and suppliers of his/her
EEO obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have
equal opportunity to compete for and perform subcontracts which the contractor
enters Into pursuant to this contract.The contractor will use his best efforts to
solicit bids from and to utilize DBE subcontractors or subcontractors with
meaningful minority group and female representation among their employees.
Contractors shall obtain lists of DOE construction firms from SHA personnel.
c. The contractor will use his best efforts to ensure subcontractor compliance with
their EEO obligations.
• 9. Records and Reports:The contractor shall keep such records as necessary to
document compliance with the EEO requirements, Such records shall be retained for a
period of three years following completion of the contract work and shall be available at
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reasonable times and places for inspection by authorized representatives of the SHA and
• the FHWA.
a. The records kept by the contractor shall document the following:
1. The number of minority and non-minority group members and women
employed in each work classification on the project;
2. The progress and efforts being made In cooperation with unions,when
applicable, to 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 or subcontractors with meaningful minority and female
representation among their employees.
b. The contractors will submit an annual report to the SHA each July for the duration
of the project, indicating the number of minority,women,and non-minority group
employees currently engaged In each work classification required by the contract
work.This Information is to be reported on Form FHWA-1391. It on-the-job
training is being required by special provision,the contractor will be required to
collect and report training data.
• Ill. NONSEGREGATED FACILITIES
(Applicable to all Federal-aid construction contracts and to all related subcontracts of$10,000 or
more.)
a. By submission of this bid,the execution of this contract or subcontract,or the
consummation of this material supply agreement or purchase order, as appropriate,the
bidder, Federai-aid construction contractor, subcontractor, material supplier, or vendor,
as appropriate, certifies that the firm does not maintain or provide for its employees any
segregated facilities at any of its establishments, and that the firm does not permit Its
employees to perform their services at any location, under Its control,where segregated
facilities are maintained.The firm agrees that a breach of this certification is a violation of
the EEO provisions of this contract.The firm further certifies that no employee will be
denied access to adequate facilities on the basis of sex or disability.
b. As used in this certification, the term "segregated facilities"means any waiting rooms,
work areas, restrooms and washrooms, restaurants and other eating areas,timeclocks,
locker rooms, and other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas,transportation, and housing facilities provided for
employees which are segregated by explicit directive, or are, In fact, segregated on the
basis of race, color, religion, national origin, age or disability, because of habit, local
custom,or otherwise,The only exception will be for the disabled when the demands for
accessibility override (e.g. disabled parking).
• c. The contractor agrees that It has obtained or will obtain identical certification from
proposed subcontractors or material suppliers prior to award of subcontracts or
consummation of material supply agreements of$10,000 or more and that It will retain
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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 subsequent
deduction or rebate on any account[except such payroll deductions as are
permitted by regulations (29 CFR 3) Issued by the Secretary of Labor under the
Copeland Act (40 U.S.C.276c)]the full amounts of wages and bona fide fringe
benefits (or cash equivalents thereof) due at time of payment.The payment shall
be computed at wage rates not less than those contained in the wage
determination of the Secretary of Labor(hereinafter"the wage determination")
which is attached hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the contractor or Its
subcontractors and such laborers and mechanics.The wage determination
(Including any additional classifications and wage rates conformed under
paragraph 2 of this Section IV and the DOL poster(WHA321)or Form FHWA-
1495) shall be posted at all times by the contractor and its subcontractors at the
site of the work In a prominent and accessible place where It can be easily seen
• by the workers. For the purpose of this Section, contributions made or costs
reasonably anticipated for bona ride fringe benefits under Section 1(b)(2) of the
Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the provisions of
Section IV, paragraph 3b, hereof.Also,for the purpose of this Section, regular
contributions made or costs Incurred for more than a weekly period(but not less
often than quarterly)under plans,funds,or programs, which cover the particular
weekly period,are deemed to be constructively made or Incurred during such
weekly period. Such laborers and mechanics shall be paid the appropriate wage
rate and fringe benefits on the wage determination for the classification of work
actually performed,without regard to skill, except as provided in paragraphs 4 and
5 of this Section IV.
b. . Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually
worked therein, provided,that the employer's payroll records accurately set forth
the time spent In each classification in which work is performed.
c. All rulings and interpretations of the Davis-Bacon Act and related acts contained In
29 CFR 1, 3, and 5 are herein Incorporated by reference in this contract.
2. Classification:
a. The SHA contracting officer shall require that any class of laborers or mechanics
• employed under the contract,which is not listed In the wage determination, shall
be classified in conformance with the wage determination,
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b. The contracting officer shall approve an additional classification,wage rate and
• fringe benefits only when the following criteria have been met:
1, the work to be performed by the additional classification requested Is not
performed by a classification in the wage determination;
2, the additional classification is utilized In the area by the construction
Industry;
3. the proposed wage rate, including any bona fide fringe benefits,bears a
reasonable relationship to the wage rates contained In the wage
determination;and
4. with respect to helpers,when such a classification prevails in the area in
which the work Is performed.
c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if
known)to be employed in the additional classification or their representatives, and
the contracting officer agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate),a report of the action
taken shall be sent by the contracting officer to the DOL,Administrator of the
Wage and Hour Division, Employment Standards Administration,Washington,
D.C. 20210.The Wage and Hour Administrator,or an authorized representative,
will approve, modify, or disapprove every additional classification action within 30
days of receipt and so advise the contracting officer or will notify the contracting
• officer within the 30-day period that additional time Is necessary.
d. In the event the contractor or subcontractors, as appropriate,the laborers or
mechanics to be employed In the additional classification or their representatives,
and the contracting officer do not agree on the proposed classification and wage
rate(including the amount designated for fringe benefits,where appropriate),the
contracting officer shall refer the questions, including the views of all Interested
parties and the recommendation of the contracting officer,to the Wage and Hour
Administrator for determination. Said Administrator, or an authorized
representative,will Issue a determination within 30 days of receipt and so advise
the contracting officer or will notify the contracting officer within the 30-day period
that additional time Is necessary
e. The wage rate (including fringe benefits where appropriate) determined pursuant
to paragraph 2c or 2d of this Section IV shall be paid to all workers performing
work in the additional classification from the first day on which work Is performed
in the classification.
3. Payment of Fringe Benefits:
a, Whenever the minimum wage rate prescribed in the contract for a class of
laborers or mechanics Includes a fringe benefit which Is not expressed as an
hourly rate,the contractor or subcontractors, as appropriate, shall either pay the
• benefit as stated In the wage determination or shall pay another bona fide fringe
benefit or an hourly case equivalent thereof.
b. If the contractor or subcontractor, as appropriate,does not make payments to a
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trustee or other third person, he/she may consider as a part of the wages of any
• laborer or mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program, provided, that the Secretary of
Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis-Bacon Act have been met.The Secretary of Labor may
require the contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
4. Apprentices and Trainees(Programs of the U.S. DOL) and Helpers:
a. Apprentices:
1. Apprentices will be permitted to work at less than the predetermined rate
for the work they performed when they are employed pursuant to and
Individually registered In a bona fide apprenticeship program registered
with the DOL, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State apprenticeship agency
recognized by the Bureau, or if a person is employed In his/her first 90 days
of probationary employment as an apprentice in such an apprenticeship
program,who Is not Individually registered In the program, but who has
been certified by the Bureau of Apprenticeship and Training or a State
apprenticeship agency (where appropriate)to be eligible for probationary
employment as an apprentice.
2. The allowable ratio of apprentices to journeyman-level employees on the
• job site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under the registered
program.Any employee listed on a payroll at an apprentice wage rate, who
is not registered or otherwise employed as stated above, shall be paid not
less then the applicable wage rate listed in the wage determination for the
classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed.Where a
contractor or subcontractor is performing construction on a project in a
locality other than that in which its program is registered,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 at not less than the rate specified in the
registered program for the apprentice's level of progress, expressed as a
percentage of the journeyman-level hourly rate specified In the applicable
wage determination.Apprentices shall be paid fringe benefits in
accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must
be paid the full amount of fringe benefits listed on the wage determination
for the applicable classification. If the Administrator for the Wage and Hour
Division determines that a different practice prevails for the applicable
• apprentice classification, fringes shall be paid In accordance with that
determination,
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4. In the event the Bureau of Apprenticeship and Training, or a State
• apprenticeship agency recognized by the Bureau,withdraws approval of an
apprenticeship program,the contractor or subcontractor will no longer be
permitted to utilize apprentices at less than the applicable predetermined
rate for the comparable work performed by regular employees until an
acceptable program is approved,
b. Trainees:
1. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the DOL,
Employment and Training Administration,
2. The ratio of trainees to journeymen-level employees on the job site shall
not be greater than permitted under the plan approved by the Employment
and Training Administration.Any employee listed on the payroll at a trainee
rate who is not registered and participating In a training plan approved by
the Employment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the classification of
work actually performed. In addition, any trainee performing work on the job
site in excess of the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage determination for
the work actually performed.
• 3. Every trainee must be paid at not less than the rate 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
determination.Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention
fringe benefits,trainees shall be paid the full amount of fringe benefits listed
on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated
with the corresponding journeyman-level wage rate on the wage
determination which provides for less than full fringe benefits for
apprentices, In which case such trainees shall receive the same fringe
benefits as apprentices.
4. In the event the Employment and Training Administration withdraws
approval of a training program, the contractor or subcontractor will no
longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is
approved.
C. Helpers:
Helpers will be permitted to work on a project If the helper
classification Is specified and defined on the applicable wage
• determination or is approved pursuant to the conformance
procedure set forth in Section IV,2.Any worker listed on a payroll at
a helper wage rate,who is not a helper under a approved definition,
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shall be paid not less than the applicable wage rate on the wage
• determination for the classification of work actually performed.
5. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill training programs
which have been certified by the Secretary of Transportation as promoting EEO in
connection with Federal-aid highway construction programs are not subject to the
requirements of paragraph 4 of this Section IV.The straight time hourly wage rates for
apprentices and trainees under such programs will be established by the particular
programs.The ratio of apprentices and trainees to journeymen shall not be greater than
permitted by the terms of the particular program.
6. Withholding:
The SHA shall upon its own action or upon written request of an authorized
representative of the DOL withhold,or cause to be withheld,from the contractor or
subcontractor under this contract or any other Federal contract with the same prime
contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing
wage requirements which is held by the same prime contractor, as much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics,
Including apprentices,trainees, and helpers,employed by the contractor or any
subcontractor the full amount of wages required by the contract. In the event of failure to
pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or
working on the site of the work, all or part of the wages required by the contract,the SHA
• contracting officer may, after written notice to the contractor, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of
funds until such violations have ceased.
7. Overtime Requirements:
No contractor or subcontractor contracting for any part of the contract work which may
require or Involve the employment of laborers,mechanics,watchmen, or guards
(Including apprentices, trainees,and helpers described in paragraphs 4 and 5 above)
shall require or permit any laborer, mechanic,watchman, or guard In any workweek In
which 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 at a rate not
less than one-and-one-half times his/her basic rate of pay for all hours worked in excess
of 40 hours In such workweek.
8, Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the
clause set forth in paragraph 7 above,the contractor and any subcontractor responsible
thereof shall be liable to the affected employee for hlslher unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States (in the case of work
done under contract for the District of Columbia or a territory, to such District or to such
territory) for liquidated 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 7,in the sum of 810 for each calendar day on which
such employee was required or permitted to work in excess of the standard work week of
40 hours without payment of the overtime wages required by the clause set forth in
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paragraph 7.
• 9. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon Its own action or upon written request of any authorized
representative of the DOL withhold, or cause to be withheld,from any monies payable on
account of work performed by the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contractor, or any other Federally-
assisted contract subject to the Contract Work Hours and Safety Standards Act,which is
held by the same prime contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for Unpaid wages and liquidated
damages as provided in the clause set forth In paragraph 8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal-ald construction contracts exceeding$2,000 and to all related
subcontracts, except for projects located on roadways classified as local roads or rural
collectors,which are exempt.)
1. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the Secretary
of Labor which are herein Incorporated by reference.
2. Payrolls and Payroll Records:
• a. Payrolls and basic records relating thereto shall be maintained by the contractor
and each subcontractor during the course of the work and preserved for a period
of 3 years from the date of completion of the contract for all laborers, mechanics,
apprentices, trainees, watchmen, helpers, and guards working at the site of the
work.
b. The payroll records shall contain the name, social security number, and address
of each such employee; his or her correct classification; hourly rates of wages
paid (including rates of contributions or costs anticipated for bona fide fringe
benefits or cash equivalent thereof the types described in Section 1(b)(2)(B)of the
Davis Bacon Act); dally and weekly number of hours worked; deductions made;
and actual wages paid. In addition,for Appalachian contracts,the payroll records
shall contain a notation indicating whether the employee does, or does not,
normally reside in the labor area as defined in Attachment A, paragraph 1.
Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has
found that the wages of any laborer or mechanic Include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in
Section 1(b)(2)(B) of the Davis Bacon Act,the contractor and each subcontractor
shall maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, that the plan or
program has been communicated in writing to the laborers or mechanics affected,
and show the cost anticipated or the actual cost Incurred in providing benefits.
Contractors or subcontractors employing apprentices or trainees under approved
• programs shall maintain written evidence of the registration of apprentices and
trainees, and ratios and wage rates prescribed in the applicable programs.
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c. Each contractor and subcontractor shall furnish, each week In which any contract
• work is performed, to the SHA resident engineer a payroll of wages paid each of
Its employees(including apprentices,trainees, and helpers, described In Section
IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the
preceding weekly payroll period).The payroll submitted shall set out accurately
and completely all of the information required to be maintained under paragraph
2b of this Section V.This Information may be submitted in any form desired.
Optional Form WH•347 is available for this purpose and may be purchased from
the Superintendent of Documents(Federal stock number 029.005-0014.1), U.S.
Government Printing Office,Washington, D.C. 20402.The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors.
d. Each payroll submitted shall be accompanied by a"Statement of Compliance,"
signed by the contractor or subcontractor or his/her agent who pays or supervises
the payment of the persons employed under the contract and shall certify the
following:
1. that the payroll for the payroll period contains the information required to be
maintained under paragraph 2b of this Section V and that such Information
is correct and complete;
2. that such laborer or mechanic(including each helper, apprentice, and
trainee) employed on the contract during the payroll period has been paid
the full weekly wages earned,without rebate, either directly or indirectly,
and that no deductions have been made either directly or indirectly from the
full wages earned, other than permissible deductions as set forth in the
Regulations, 29 CFR 3;
3, that each laborer or mechanic has been paid not less that the applicable
wage rate and fringe benefits or cash equivalent for the classification of
worked performed, as specified In the applicable wage determination
Incorporated Into the contract.
e. The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance"required by paragraph 2d of this Section V.
f. The falsification of any of the above certifications may subject the contractor to
civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C.231.
g. The contractor or subcontractor shall make the records required under paragraph
2b of this Section V available for Inspection, copying,or transcription by
authorized representatives of the SHA,the FHWA, or the DOL, and shall permit
such representatives to interview employees during working hours on the job. If
the contractor or subcontractor falls to submit the required records or to make
them available,the SHA, the FHWA, the DOL, or all may, after written notice to
the contractor, sponsor, applicant, or owner,take such actions as may be
necessary to cause the suspension of any further payment, advance, or guarantee
of funds. Furthermore, failure to submit the required records upon request or to
• make such records available may be grounds for debarment action pursuant to 29
CFR 5.12.
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VI. RECORD OF MATERIALS, SUPPLIES,AND LABOR
• 1. On all Federal-aid contracts on the National Highway System, except those which
provide solely for the Installation of protective devices at railroad grade crossings,those
which are constructed on a force account or direct labor basis,highway beautification
contracts, and contracts for which the total final construction cost for roadway and bridge
Is less than $1,000,000(23 CFR 635)the contractor shall:
a. Became familiar with the list of specific materials and supplies contained In Form
FHWA-47,"Statement of Materials and Labor Used by Contractor of Highway
Construction Involving Federal Funds,"prior to the commencement of work under
this contract.
b. Maintain a record of the total cost of all materials and supplies purchased for and
Incorporated in the work, and also of the quantities of those specific materials and
supplies listed on Form FHWA-47, and In the units shown on Form FHWA-47.
c. urnish, upon the completion of the contract,to the SHA resident engineer on Form
FHWA-47 together with the data required In paragraph 1b relativFurnisheterials
and supplies, a final labor summary of all contract work indicating the total hours
worked and the total amount earned.
2. At the prime contractor's option, either a single report covering all contract work or
separate reports for the contractor and for each subcontract shall be submitted.
• VII. SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall perform with Its own organization contract work amounting to not
less than 30 percent(or a greater percentage If specified elsewhere in the contract)of the
total original contract price, excluding any specialty items designated by the State.
Specialty items may be performed by subcontract and the amount of any such specialty
Items performed may be deducted from the total original contract price before computing
the amount of work required to be performed by the contractor's own organization (23
CFR 635).
a. "its own organization"shall be construed to Include only workers employed and
paid directly by the prime contractor and equipment owned or rented by the prime
contractor,with or without operators. Such term does not Include employees or
equipment of a subcontractor, assignee, or agent of the prime contractor,
b. "Specialty Items"shall be construed to be limited to work that requires highly
specialized knowledge, abilities, or equipment not ordinarily available In the type
of contracting organizations qualified and expected to bid on the contract as a
whole and in general are to be limited to minor components of the overall contract.
2. The contract amount upon which the requirements set forth in paragraph 1 of section VII
is computed Includes the cost of material and manufactured products which are to be
purchased or produced by the contractor under the contract provisions,
• 3. The contractor shall furnish (a) a competent superintendent or supervisor who Is
employed by the firm, has full authority to direct performance of the work in accordance
with the contract requirements, and is in charge of all construction operations (regardless
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of who performs the work) and(b)such other of Its own organizational resources
• (supervision, management, and engineering services) as the SHA contracting officer
determines is necessary to assure the performance of the contract,
4. No portion of the contract shall be sublet,assigned or otherwise disposed of except with
the written consent of the SHA contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the contractor of any responsibility
for the fulfillment of the contract.Written consent will be given only after the SHA has
assured that each subcontract is evidenced in writing and that it contains all pertinent
provisions and requirements of the prime contract,
VIII. SAFETY: ACCIDENT PREVENTION
1. In the performance of this contract the contractor shall comply with all applicable Federal,
State, and local laws governing safety, health, and sanitation (23 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. It is a condition of this contract, and shall be made a condition of each subcontract,which
the contractor enters into pursuant to this contract,that the contractor and any
subcontractor shall not permit any employee, In performance of the contract, to work in
surroundings or under conditions which are unsanitary,hazardous or dangerous to
• his/her health or safety, as determined under construction safety and health standards
(29 CFR 1926)promulgated by the Secretary of Labor, in accordance with Section 107 of
the Contract Work Hours and Safety Standards Act(40 U.S.C. 333),
3. Pursuant to 29 CFR 1926.3, it Is a condition of this contract that the Secretary of Labor or
authorized representative thereof, shall have right of entry to any site of contract
performance to Inspect or investigate the matter of compliance with the construction
safety and health standards and to carry out the duties of the Secretary under Section
107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 333).
iX, FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
In order to assure high quality and durable construction in conformity with approved plans and
specifications and a high degree of reliability on statements and representations made by
engineers, contractors, suppliers, and workers on Federal-aid highway projects, It is essential
that all persons concerned with the project perform their functions as carefully, thoroughly, and
honestly as possible.Willful falsification, distortion,or misrepresentation with respect to any
facts related to the project is a violation of Federal law.To prevent any misunderstanding
regarding the seriousness of these and similar acts,the following notice shall be posted on each
Federal-aid highway project (23 CFR 635) In one or more places where it is readily available to
all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY
• PROJECTS
18 U.S.C. 1020 reads as follows:
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• "Whoever, being an officer, agent, or employee of the United States, or of any Stale or Territory,
• or whoever, whether a person, association, firm, or corporation, knowingly makes any false
statement, false representation, or false report as to the character, quality, quantity, or cost of
the material used or to be used, or the quantify or quality of the work performed or to be
performed, or the cost thereof in connection with the submission of plans, maps, specifications,
contracts, or costs of construction on any highway or related project submitted for approval to
the Secretary of Transportation;or
Whoever knowingly makes any false statement, false representation, false report or false claim
with respect to the character, quality, quantity, or cost of any work performed or to be performed,
or materials furnished or to be fumished, In connection with the construction of any highway or
related project approved by the Secretary of Transportation;or
Whoever knowingly makes any false statement or false representation as to material fact In any
statement, certificafe, or report submitted pursuant to provisions of the Federal-ald Roads Act
approved July 1, 1916, (39$tat. 355), as amended and supplemented;
Shall be fined not more that$10,000 or Imprisoned not more than 5 years or both."
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL
ACT
(Applicable to all Federal-aid construction contracts and to all related subcontracts of$100,000
or more.)
• By submission of this bid or the execution of this contract, or subcontract,as appropriate, the
bidder, Federal-aid construction contractor, or subcontractor, as appropriate,will be deemed to
have stipulated as follows:
1. That any facility that is or will be utilized In the performance of this contract, unless such
contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857!g M.,as
amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 el seq., as amended by Pub.L. 92-500), 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. That the firm agrees to comply and remain In compliance with all the requirements of
Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control
Act and all regulations and guidelines listed thereunder.
3. That the firm shall promptly notify the SHA of the receipt of any communication from the
Director, Office of Federal Activities, EPA, Indicating that a facility that is or will be utilized
for the contract Is under consideration to be listed on the EPA List of Violating Facilities,
4. That the firm agrees to Include or cause to be Included the requirements of paragraph 1
through 4 of this Section X In every nonexempt subcontract, and further agrees to take
such action as the government may direct as a means of enforcing such requirements.
• XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION
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1. Instructions for Certification -Primary Covered Transactions:
. (Applicable to all Federal-aid contracts-49 CFR 29)
a. By signing and submitting this proposal, the prospective primary participant is
providing the certification set out below.
b. The Inability of a person to provide the certification set out below will not
necessarily result in denial of participation in this covered transaction,The
prospective participant shall submit an explanation of why it cannot provide the
certification set out below.The certification or explanation will be considered In
connection with the department or agency's determination whether to enter Into
this transaction. However, failure of the prospective primary participant to furnish a
certification or an explanation shall disqualify such a person from participation In
this transaction.
c, The certification in this clause is a material representation of fact upon which
reliance was placed when the department or agency determined to enter Into this
transaction. If It is later determined that the prospective primary participant
knowingly rendered an erroneous certification, in addition to other remedles
available to the Federal Government,the department or agency may terminate
this transaction for cause of default.
d. The prospective primary participant shall provide Immediate written notice to the
department or agency to whom this proposal is submitted if any time the
. prospective primary participant learns that Its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
e. The terms"covered transaction;"'debarred;"'suspended, "Ineligible,""lower tier
covered transaction, "participant,""person,""primary covered transaction,"
"principal, "proposal,"and"voluntarily excluded,"as used in this clause, have the
meanings set out in the 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 those regulations.
f. The prospective primary participant agrees by submitting this proposal that,
should the proposed covered transaction be entered Into, It shall not knowingly
enter Into any lower tier covered transaction with a person who Is debarred,
suspended, declared Ineligible,or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency entering Into
this transaction.
g, The prospective primary participant further agrees by submitting this proposal that
It will Include the clause titled"Certification Regarding Debarment, 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 solicitations for lower
tier covered transactions.
• h. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that is not debarred,
suspended, Ineligible, or voluntarily excluded from the covered transaction, unless
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it knows that the certification is erroneous.A participant may decide the method
• and frequency by which It determines the eligibility of Its principals. Each
participant may, but Is not required to, check the nonprocurement 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 participant is not required to exceed
that which is normally possessed by a prudent person in the ordinary course of
business dealings.
J. Except for transactions authorized under paragraph f of these instructions, If a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who Is suspended, debarred, ineligible, or voluntarily
excluded from participation In this transaction, in addition to other remedies
available to the Federal Government,the department or agency may terminate
this transaction for cause or default.
Certification Regarding Debarment,Suspension, Ineligibility and Voluntary
Exclusion..Primary Covered Transactions
• 1. The prospective primary participant certifies to the best of its knowledge and
belief,that it and Its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
b. Have not within a 3-year period preceding this proposal been convicted of
or had a civil Judgement rendered against them for commission of fraud or
a criminal offense In connection with obtaining, attempting to obtain, or
performing a public(Federal, State or local)transaction or contract under a
public transaction;violation of Federal or State antitrust statutes or
commission of embezzlement, theft,forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property;
c. Are not presently Indicted for or otherwise criminally or civilly charged by a
governmental entity(Federal, State or local)with commission of any of the
offenses enumerated in paragraph lb of this certification; and
d. Have not within a 3-year period preceding this application/proposal had one
or more public transactions (Federal, Stale or local)terminated for cause or
default.
• 2. Where the prospective primary participant Is unable to certify to any of the
statements in this certification, such prospective participant shall attach an
explanation to this proposal.
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• 2. Instructions for Certification -Lower Tier Covered Transactions:
(Applicable to all subcontracts, purchase orders and other lower tier transactions of
$25,000 or more-49 CFR 29)
a. By signing and submitting this proposal,the prospective lower tier is providing the
certification set out below.
b. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered Into. If it is later determined
that the prospective lower tier participant knowingly rendered an erroneous
certification, In addition to other remedies available to the Federal Government,
the department,or agency with which this transaction originated may pursue
available remedies,including suspension and/or debarment.
c. The prospective lower tier participant shall provide Immediate written notice to the
person to which this proposal is submitted if at any time the prospective lower tier
participant learns that Its certification was erroneous by reason of changed
circumstances.
d. The terms"covered transaction,""debarred,""suspended,""ineligible,""primary
covered transaction,"'participant,"'person,"'principal,"'proposal,"and
"voluntarily excluded,"as used in this clause, have the meanings set out In the
• Definitions and Coverage sections of rules Implementing Executive Order 12549.
You may contact the person to which this proposal Is submitted for assistance In
obtaining a copy of those regulations.
e. The prospective lower tier participant agrees by submitting this proposal that,
should the proposed covered transaction be entered Into, It shall not knowingly
enter Into any lower tier covered transaction with a person who is debarred,
suspended, declared Ineligible,or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency with which
this transaction originated.
L The prospective lower tier participant further agrees by submitting this proposal
that It will include this clause titled"Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Excluslon•Lower Tier Covered
Transaction,"without modification, In all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
g. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless
It knows that the certification is erroneous.A participant may decide the method
and frequency by which it determines the eligibility of Its principals. Each
participant may,but is not required to, check the Nonprocurement List.
• h. Nothing contained in the foregoing shall be construed to require establishment of
a system of records In order to render In good faith the certification required by
this clause.The knowledge and information of participant is not required to exceed
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•
that which is normally possessed by a prudent person in the ordinary course of
• business dealings.
1. Except for transactions authorized under paragraph a of these Instructions, If a
participant in a covered transaction knowingly enters Into a lower tier covered
transaction with a person who Is suspended, debarred, Ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedles
available to the Federal Government,the department or agency with which this
transaction originated may pursue available remedies, including suspension
and/or debarment.
Certification Regarding Debarment,Suspension, Ineligibility and Voluntary
Exclusion--Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor Its principals is presently debarred, suspended, proposed for
debarment, declared Ineligible, or voluntarily excluded from participation 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 FOR LOBBYING
(Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000-49 CFR 20)
1. The prospective participant certifies, by signing end submitting this bid or proposal,to the
best of his or her knowledge and belief,that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for Influencing or attempting to influence an officer
or employee of any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan,the entering into of any cooperative agreement,and
the extension, continuation, renewal, amendment, or modification of any Federal
contract,grant, loan,or cooperative agreement,
b. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to Influence an officer or employee of
any Federal agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress In connection with this Federal contract,
• grant, loan,or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying,"In accordance with Its
Instructions.
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• . -Fl4WA-1273 Electronic version March 10, 1994 Page 23 of 22
•
2. This certification is a material representation of fact upon which reliance was placed
• when this transaction was made or entered into. Submission of this certification Is a
prerequisite for making or entering Into this transaction Imposed by 31 U.S.C. 1352.Any
person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than$100,000 for each such failure.
3. The prospective participant also agrees by submitting his or her bid or proposal that he or
she shall require that the language of this certification be Included in all lower tier
subcontracts,which exceed$100,000 and that all such recipients shall certify and
disclose accordingly.
ATTACHMENT A -EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS
(Applicable to Appalachian contracts only.)
1. During the performance of this contract,the contractor undertaking to do work which is,
or reasonably may be,done as on-site work, shall give preference to qualified persons
who regularly reside In the labor area as designated by the DOL wherein the contract
work is situated, or the subregion, or the Appalachian counties of the State wherein the
contract work Is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available,
b. For the reasonable needs of the contractor to employ supervisory or specially
experienced personnel necessary to assure an efficient execution of the contract
work.
• c, For the obligation of the contractor to offer employment to present or former
employees as the result of a lawful collective bargaining contract, provided that
the number of nonresident persons employed under this subparagraph 1c shall
not exceed 20 percent of the total number of employees employed by the
contractor on the contract work, except as provided In subparagraph 4 below.
2. The contractor shall place a job order with the State Employment Service Indicating (a)
the classifications of the laborers, mechanics and other employees required to perform
the contract work, (b)the number of employees required in each classification, (c)the
dale on which he estimates such employees will be required,and(d)any other pertinent
Information required by the Stale Employment Service to complete the job order form.
The'job order may be placed with the Stale Employment Service In writing or by
telephone. If during the course of the contract work, the Information submitted by the
contractor In the original job order Is substantially modified, he shall promptly notify the
State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants retorted to him by
the State Employment Service.The contractor is not required to grant 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 contractor with the Stale
Employment Service,the State Employment Service Is unable to refer any qualified job
• applicants to the contractor, or less than the number requested, the Slate Employment
Service will forward a certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the contractor's permanent project
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,FHWA-1273 Electronic version March 10, 1994 Page 22 of 22
records,Upon recelpt of this certificate,the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the certificate,
' . notwithstanding the provisions of subparagraph I above,
5. The contractor shall Include the P rovisions 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.
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