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Local Assistance Procedures Manual EXHIBIT 12-E
<br />PS&E Checklist Instructions Attachment B
<br />ATTACHMENT B REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS
<br />REQUIRED CONTRACT PROVISIONS
<br />FEDERAL -AID CONSTRUCTION CONTRACTS
<br />L General
<br />L Nundisrdmirmtion
<br />III. Nonsegregated Facilites
<br />IV. Dards-Bacon and Related ACL Provisions
<br />V. Contract Work Hours and Safety Standards Act
<br />Provisions
<br />M. Subletting to AmEgningthe Contract
<br />VII. Salety: Aceldent Prevention
<br />'AIL False Statements Concerning Highway Pngeds
<br />IX Implementation of Clean Air Act and Federal Water
<br />Pollution Central Act
<br />X Comp1tance with Governmenhuids Suspension and
<br />Debarment!Requimmerrls
<br />XL Codification Regarding Use of Contract Funds for
<br />Lobbying
<br />ATTACHMENTS
<br />A Empoyment and Materials Preference for Appalachian
<br />Development Highway System or Appalachian Loral Access
<br />Road Contracts (included In Appalachian contracts only)
<br />L. GENERAL
<br />1. Form FHWA-1273 must be p*imny incoWaM in each
<br />construction contract funded under llbe 23 (excluding
<br />emergmcyccnbctssolelyintandedfordebdsmmowat). The
<br />contractor (orsuhmntracax) must lused this farm in each
<br />subcordract and Turther require to Inclusion In an II her
<br />subcontracts (excluding purchase orders, rental agreements
<br />and other agmennerda for supplies a services)..
<br />The applicable requirements of Form FHWA-1273 are
<br />incorporated by reference far work done under my purchase
<br />order, rental agreement or agreement far other sentices. The
<br />prime consmctarshall be responsible for comptiance;by any
<br />subcontractor, lower -tier subcontractor orservice, provider.
<br />Form FHWA-1273 =af be included In afi Fedamt-aid dewgr-
<br />butd contracts, in all subcontracts and in Lower der
<br />subcontracts [excluding subcontracts W dasign services,
<br />Purchase orders; rental agreements and other agreements for
<br />suppliesor services). The tlesign-buffdershalt be responsible
<br />for compliance by any subcontractor, lawer-tiersubcontractor
<br />orservice provider.
<br />Contracting agencies may reference Form FHWAA273 in bid
<br />pmposal or request for proposal documents, however, fie
<br />Form FHWA-1273 must be phys[ca[ly hrcurporated (not
<br />referenced) In all contracts, subcontracts and lower-¢ier
<br />subcontracts tuc uding purchase ordem, rental agreements
<br />and other agreements Wsupplies or services misted to a
<br />construction contact). _
<br />2. Subject In the applicability cmena noted in ft following
<br />sectons, these contract provisions shall sop" all wok
<br />performed on the contract by the contractors own organization
<br />and with the assistance of workers under the commctofs
<br />Immediate superintendence and to all work performed on the
<br />contract by pacework, station work, a by subcontract
<br />OB 12-05
<br />R FWA-1273— Revised May t, 2012
<br />3. A breach of any of the stimletims contained in these
<br />Required Contract Provisions may be esu ffctentgrourds for
<br />withholding of progress paynuarts, withholding of frenal
<br />payment, lamination of the cantrad suspansian f deban m
<br />or any otheractbn determhad to be appropriate by the
<br />conlradng agency and FHW k
<br />4. Selection of Labor. During the pedommnce of this comasL
<br />the contractor shall nut use convict labor for any purpose
<br />w" the limits of a 0011drucifiCa Pf0jecton a Fedemhald
<br />highway unless it is labor performed by convicts Who aro on
<br />parole, supervised mlesee, or pmbaton. The ten FocI xid
<br />highway noes not include madways functionally classified as
<br />local mads or WWI mirror collectors
<br />U. NONDISCRIMINATION
<br />The Pmvdsions of this MCUM mlalad to 23 CFR Part 230 am
<br />applicable to all Fedeml-aid construction contracts and to all
<br />related rwnsneUm subcortmcis of $10,000 or mom_ The
<br />pmvisions of 23 CFR Pat 230 am not applicable to material
<br />supply, engineering, or architectural servtra contracts.
<br />In adtlifiw, the contractor and al subcontractors must comply
<br />with the following policies: E ceadive Order 11246, 41 CFR 06,
<br />29 CFR 1625-1527, Title 23 USC Section 140, the
<br />Reha a ita6on Act of 1973, as amended (29 USC 794), Tfite M
<br />of the Civil Rights Act of 1964, as amended, and muted
<br />regulatfons including 49 CFR Pads 21, 26 and 27; and 23 CFR
<br />Parts 200, 230, and 633.
<br />The conaadarand all subcontractors must cs faywifh: the
<br />requirements of the Equal Opporturdy Clause in 41 CFR 50-
<br />1-4b) and, farall construction cmimcts sneering $18,000,
<br />the Standard Federal Equal Employment Oppormnity
<br />Conshucton Contract Speclficalions In 41 CFR 684.3.
<br />Note: The U.S. Department of Labor has e,dmim authority fon
<br />determine, co"llancewith Executive Omer 11246 and the.
<br />Policies of the Secretary of Labor including 41 CFR 60, and 29
<br />CFR 1625-1627. The contracting agency and the FHWA have
<br />the authority and the tesponslbllity to ensure comptianm with
<br />This 23 USC Section 148, the Rehabilitation Act of 1973, as
<br />amended (29 USC 794), and Two M of the Chill Rights Act of
<br />1964, as amended, and related regulators including 49 CFR
<br />Pads 21,26 and 27; and 23 CFR Pads 200, 236, and 633.
<br />The following provision is adopted from 23 CFR 230, Appendix
<br />A with appmpdate misters to comb" to the U.S.
<br />Department of Labor (US DOL) and FHWA remamments.
<br />1. Equal Employment Opportunity: Equal employment
<br />opportunity (EEO) requirements not to discriminate and to take
<br />albrnrative acban to assure equal opPohnty as set forth
<br />antler laws, executive orders'rules regulations (28 CFR 35
<br />29 GFR 1638, 29 CFR 1625-1627, 41 CRR 60 and 49 CFR 276
<br />and orders of the Secretary of Labor as modified by tie
<br />provisions prescribed herein, and imposed Pursuant to 23
<br />U.S.G.140 Shari COM itum the EEO and specific atbmmadve
<br />action standards for the contractors project acbVUfes under
<br />Page 12-11
<br />July 31, 2012
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