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2006-088 Emergency Joint Participation Agreement with FDOTRESOLUTION 2006-88 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN EMERGENCY JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION RELATING TO DEBRIS REMOVAL ALONG FEDERAL HIGHWAY ADMINISTRATION FUNCTIONALLY CLASSIFIED ROADS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village and the Florida Department of Transportation ("FDOT") seek to enter into an Emergency Joint Participation Agreement whereby FDOT would reimburse the Village in an amount not to exceed $13,257.95 for debris removal along Federal Highway Administration ("FHWA") functionally classified roads within the Village; and WHEREAS, the allocation of such funds by FDOT was authorized by Executive Order OS- 219relating to Hurricane Wilma; and WHEREAS, the Village Council determines that this action benefits the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA: Section 1. The foregoing "whereas" clauses are hereby adopted as true and correct and are incorporated herein by reference. Section 2. The Village Council hereby approves the Emergency Joint Participation Agreement between the Village and the Florida Department of Transportation (Financial Project No. 420529-3-D8-16) and authorizes and directs the Mayor and Village Clerk to execute such Agreement on behalf of the Village. Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 26th DAY OF OCTOBER, 2006. (Village Seal) ~ - Mayor AT'TE~T: ~~~ Village Clerk 350-000-15 Comptroller 08/06 Contract No: .R.DN-"~8 DUNS No: 80-939-7102 CFDA No: 20.205 EMERGENCY LOCAL GOVERNMENT EMERGENCY RELIEF REIMBURSEMENT AGREEMENT This Agreement, made and entered into this ~'~' date of t~lov`~t-.t~R. ,200(Q by and between the State of Florida Department of Transportation (FDOT) an agency of the State of Florida hereinafter called the Department and VILLAGE OF NORTH PALM BEACH located at 645 PROSPERITY FARMS ROAD, NORTH PALM BEACH, FLORIDA 33408 hereinafter called the Local Government. WHEREAS, the Federal Highway Administration (FHWA) has established an Emergency Relief Program codified at 23 USC §125, and WHEREAS, the FHWA has, as a result of the Executive Order(s) OS-176, dated October 19, 2005 for Hurricane(s) Wilma authorized funding to be provided to the Department for relief from the damage inflicted by said storms, and WHEREAS, this Emergency Relief Program Agreement provides for emergency relief, and WHEREAS, the Local Government, has incurred certain costs and expenses as a direct result of the hurricane(s) and defined on the attached Detailed Damage Inspection Reports (DDIR(s); and WHEREAS, it has been determined that emergency repairs are necessary and that the costs and expenses of said repairs are eligible for reimbursement up to 100%, dependent on the amount of allocation made by FHWA. `JHEREAS, the Local Government by Resolution No. ~liG~i -' ~~ adopted on ,OG~~GG~ a~i~ 200, a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this AGREEMENT. NOW THEREFORE, The parties agree as follows: 1. The recitals set forth above are true and correct and are deemed i..corporated herein. 2. The Department enters into this Agreement as the administrator of the FHWA Emergency Relief Program funds with the administration of funds being subject to the terms and conditions of 23 USC §125 and the Program Administration Manual published by the FHWA. 3 The scope of work, Exhibit "A" is attached hereto and made a part hereof. The services authorized by FHWA are described in the Detailed Damage Inspection Report(s) (DDIR(s), Exhibit "B", attached hereto and made a part hereof. 4. Subject to the terms and conditions of the Emergency Relief Program Manual at h+fro,'//,.~~anv.fhwa.dot.gov/reports!erm/erm.pdf, the Department agrees to reimburse the L~ea~ Government for el!g!ble costs from the funds allocated to the Department for said purposes. 5. Invoices for fees and other compensation will be certified by the Local Government as being due and eligible for reimbursement and shall be submitted in sufficient detail along with appropriate supporting documentation to allow a -oper pre and post audit thereof. ~. The Department agrees to reimburse the Local Government an amount not to exceed a maximum limiting amount of THIRTEEN THOUSAND TWO HUNDRED FIFTY SEVEN DOLLARS AND NINETY FIVE CENTS x$13,257.95) for actual direct costs. This is a maximum limiting amount. Amount paid will not exceed DDIR(s). Amounts exceeding DDIR(s) must be submitted to FHWA for approval and the DDIR(s) must be revised, before payment is made. EXHIBIT A SCOPE OF SERVICES As a result of Hurricane Wilma, the Local Government will perform "Emergency" work described in the _ signed Detailed Damage Inspection Reports (DDIR's) listed in Exhibit "B" to restore Federal Aid Roads damaged during Hurricane Wilma. The Department will seek the maximum amount of FHWA funding available for reimbursement to the Local Government. The Local Government will be responsible for verification of eligibility and costs and will submit the supporting documentation directly to the Department for review and approval. All work is subject to meeting eligibility criteria. It is the responsibility of the agency performing the work to provide the documentation necessary to justify the eligibility of items of work and the actual costs incurred for the emergency work described in the DDIR's. Each agency will submit with each invoice and supporting documentation package certification of work completed and costs incurred. Exhibit "C" of this agreement will be used as the certification document. This document must be filled out completely and notarized. The Local Government shall submit for payment with supporting documentation described above no more than sixty (60} days after work is completed or from the execution date of this JPA. EXHIBIT "B" WILMA FHWA-ER DDIR AND FINANCIAL PROJECT NUMBERS The LOCAL GOVERNMENT will receive progress payments for services based on the work that has been completed and accepted by the DEPARTMENT during the billing period. The LOCAL GOVERNMENT will invoice the DEPARTMENT with a breakdown by DDIR and Financial Project Number (FM) for the amount to the reimbursed. The invoice will not be accepted if the supporting documentation is incomplete and/or invoiced costs are not eligible. DDIR R rt # Reimbursement - e o W186-008 FM# 420526-1-D8-01 Location B Descri lion Emer enc Subtotals roward Count Debris $1,540.000.00 $1 540 000 00 W186-023 W186-019 420526-3-D8-10; 420526-3-FS-07 420526-3-D8-11 City of r oral Cn~~.,.,o City of Miramar n h c i Debris; Siqn; Police (MOT) $3,058.242.46 $1 155 5`,i1.29 , , . $3,058,242.46 ~ $1,155 551.29 W186-028 420526-3-D8-09' 420526-3-E8-02 City of Pompano Beach Debris; Sin $427 9"?6.00 $427 926 00 W189-013 420528-3-D8-02 City of Stuart Debris Rq~ 484.15 . $92 484 15 , . W189-043 420529-3-D8-13 Town of Jupiter Island Debris $88 292.40 $88,292.40 W193-028 420529-3-D8-OS City of Palm Beach Gardens Debris $151 721.74 $151,721.74 W193-042 420529-3-D8-12 Town of Palm Beach Shores Debris _ $13 247 77 $13 247 77 W193-044 420529-3-D8-16 Village of North Palm Beach DPhri¢ ~ - $13 257.95 $13,257.95 W193-045 420529-3-D8-17 Cit of South Bay Debris $5,360.15 $5,360.15 W193-046 420529 3-DS-15 City of Belle Glade Debris $40 719.49 $40,719.49 W193-047 420529-3-D8-18 City of Pahokee Debris $96 521 05 $96 521 05 W193-048 420529-3-D8-14 City of Boca Raton Debris $2 375 813.89 $2 375 813.89 ~OTAL: $7,519,138.34 ~id DETAILED DAMAGE INSPECTION REPORT J S Department °"ransp°;tan°n (Title 23, Federal-aid Highways) Federal Ninhway 4:iministaticn __ Location (Name of Road and ML'eposO Federal-aid reads located '_r. the Village of North Falm Beach. r f ~: N $~ ~ ~ rr;'. ro-. ~ ~-- ~__ ~ , ! Description of Damage i IDebris removal due to Hurricane Wi1ma_ a ~ Final disposal U C~ _ Cn N WlEstimated_monitoring at 15%. Report Number WI93-O~i4 Sheet ~F 1 Cost E~'imate FHVv'A Disaster Number FL-06-Oi lnspedion Date 6-.4-06 Fedora aid Reu'e Number Various State County FL 93-Palm Beach r Description of VJorh to Date (Equipment, Labor, and Materials) ~ lJrot Unit Price j ! ~ puanlity ompleted Cosi i Remaining Debris haul to temp. site ( x ~ j 1 rContracted debris removal ~Cy $5.00 254 51,270. 20' IForcP account labor ICY ,57.59 n43 ! $2,631. 941 -- ~nqu p t ______ ;CY ~ 53.10 ~ j I ! 343 i $1, 062. 37; 1 CY IS~1.o0 i 557 ~ $6,564.14 i Method i C Local Forces ~ State Forces ~i Contract --- -- I--- ~ G Note: Debris was stag_2d at ancoraae park.! ~~ Section 4(f) DOA may be required. ~j-~ --- I ~ ~ ~ ~- o ----- ~ i oIfI N l~ 1 ~_ , -_ C a r ! ~ I i _ I E I 7r c; ~ - j ~ ' --- - ------ I i j Method ~~ Local Forces ~ State Forces L/j Cortrz.-l I Environmental Assessment Recommendation ' ~~ Categorical Exduslon n FAiE'~g ~ f- Recommendation i ;~;',ti~ U Eligible ~ Ineligible . _Pi1Z_Q.,-_ ~~ !. Concurrence i State ng-Weer i r~ Yes !~ Na ! s ~ a ~i,j ~~ i~r ~..~ V,... ;Concurrence ' Lx ' Agee ry es ',ati j i Yes ^ No 1 - - Form FHWA-?547 (Rev. 4-98) Subto!a(~ c1i 528.5E PE,'CE ~L $1, 729.30' Emergency Repair To,al $; 3 , 2 57.95 Subtotal PE/CE ~- - Righl-of-Way Perm. Repair Totals j Estimzted Total $ i 3 , 2 E7 . , E ---- Dave -1 - ~as-~-_ 7 i3 ~F ?. Date -,~,'-~ 'y' _1 Date j ~'• ~~' ~~- 1 ?~"8 °~ ) EXHIBIT "C" STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CERTIFICATION AS TO ACCURACY OF FINAL PAYMENT The undersigned , on behalf of and as a duly authorized representative of, VIL<-ACE OF NORTH PALM BEACH (hereinafter referred to as "LOCAL GOVERNMENT") hereby certifies, to the best of LOCAL GOVERNMENT'S knowledge, information and belief, to the Florida Department of Transportation (herein after referred to as the "DEPARTMENT") as follows: 1. That the Invoice/Reimbursement Request package for Contract Number Financial Project Number(s) , (hereinafter referred to as the "Invoice") is in compliance with the Contract, Statewide Quality Control Plan or other acceptable plan as developed by the LOCAL GOVERNMENT; and 2. That the Invoice is true and correct as determined by the LOCAL GOVERNMENT reasonable and independent investigation, measurements and verification of work performed; and 3. That the LOCAL GOVERNMENT hereby recommends that the DEPARTMENT make payment based on the attached Invoice and supporting documentation; and 4. That the LOCAL GOVERNMENT hereby agrees to indemnify and hold the Florida Department of Transportation, its officers and employees harmless from all liabilities, damages, costs, and attorney fees incurred and paid as a result of the negligence, recklessness, or intentional wrongful misconduct of the LOCAL GOVERNMENT and persons employed or utilized by the LOCAL GOVERNMENT in the preparation and/or audit of the Invoice and execution of the work as outlined in the Scope of Services. The DEPARTMENT also reserves the right to recover from the LOCAL GOVERNMENT any increased costs, delays or other damages to the Department due to errors and/or omissions under applicable Florida Statutes (334.044(2); 334.048.20.23(3)(a) and 337.015). 5. Monetary Amount Submitted State of Florida County of Sworn to and subscribed before me this _ day of by (Print name of The person signing the Certification) otary u Ic Commission Expires Personally Known OR Produced Identification Type of Identification Produced A false statement or omission made in connection with this certification is sufficient cause for suspension, revocation or denial of payment, and may subject the person and/or entity making false statement to any or all civil dnd Cfli Tlliia penaiiic5 oVaiiavie pUiSuoni i0 applicable Federal and State Law. Agency By Title 350-000-15 Comptroller 08106 EXHIBIT "D" Audit Requirements The administration of resources awarded by the Department to VILLAGE OF NORTH PALM BEACH may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, andlor other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to VILLAGE OF NORTH PALM BEACH regarding such audit. VILLAGE OF NORTH PALM BEACH further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: ""' 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A- 133, as revised. EXHIBIT "E" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. PART II: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT "E" to this agreement indicates state financial 3 50-000-15 Comptroller 08/06 assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities), State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation sha;l be retained until the action is completed or the "" dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Department of Financial Services, and the Auditer General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accerdance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation, 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Antonette P. Adams, Professional Services Administrator William Wang, Project Manager B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular .A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse ~-' Bureau of the Census 1201 East 10'h Street Jeffersonville, IN 47132 350-000-15 Comptroller 08/06 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133. as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the fcllowing: Florida Department of Transportation, 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Antonette P. Adams, Professional Services Administrator William Wang, Project Manager In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation, 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Antonette P. Adams, Professional Services Administrator William Wang, Project Manager 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation, 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Antonette P. Adams, Professional Services Administrator William Wang, Project Manager B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street T aliahassee, Florida 32399-1450 4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Florida Department of Transportation, 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Antonette P. Adams, Professional Services Administrator ,.... William Wang, Project Manager 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and 3 50-000-15 Comptroller 08/06 Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 350-000-15 Comptroller 08/06 EXHIBIT "E" FEDERAL RESOURCES Federal A.gencV Catalog of Federal Domestic Assistance (Number & Title) Amount (FEDERAL HIGHWAY ADMINISTRATION, HIGHWAY PLANNING & CONSTRUCTION 20.205) -THIRTEEN THOUSAND TWO HUNDRED FIFTY SEVEN DOLLARS AND NINETY FIVE CENTS ($13,257.95) Compliance Requirements See attached Exhibit "A", Scope of Services 2. Most projects are administered by or through State Transportation Departments or Federal agencres. 3. Territorial highway projects ore funded in the same manner as other Federal-aid highway projects, with territorial transportation agency functioning as the State Transportation Agency. Eligible activities and allowable costs will be determined in accordance with Title 23 and the OMB cost principles applicable to the recipient/sub-recipient. 4. The Emergency Relief (ER) program is intended to aid State in repairing road facilities which have suffered widespread serious damage resulting from a natural disaster over a wide area or serious damage from a catastrophic failure. STATE RESOURCES State Agency Catalog of State Financial Assistance (Number & Title) Amount N/A NOTE: Section .400(4) of OMB Circular A-133, as re~~ised, and Section 215.97(~)(a), 1"lorida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to he recipient. 350-000-15 Comptroller 08/06 EXHIBIT "F" Federal Highway Administration Provision -Buy America Source of Supply -Steel (Federal-Aid Contracts Only): For Federal-aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melding and mixing and continuing through the bending and coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source material. When using steel and iron as a component of any manufac±ured product incorporated into the project (e.g., concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not appiicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $ Furnish each such certification to the Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. 350-000-15 Comptroller 08106 EXHIBIT "G" Required Contract Provisions Federal-Aid Construction Contracts I. General II. Nondiscrimination ill. Nonsegregated Facilities IV. Payment of Predetermined Minimum Waqe V. Statements and Payrolls VI Record of Materials. Supplies 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 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; Sec±ion V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U. S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the 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. NONDISCRIMINATION 350-000-15 Comptroller 08/06 (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) 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 et seg.) 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." 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. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or ~vho 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, ccverng ali 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. Recruitment: When advertising for emplcyccs, 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 350-000- I S Comptroller 08!06 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 vaLd 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. 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 termmatic 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 im~~estigation, the contractor will inform every complainant of all of his avenues of appeal. 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, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. ~~Nhere feasible, 25 percent of apprentices cr trainees in each occupation shall be in their firs; 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. 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 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. 3 ~ 0-000- 15 Comptroller 08/06 b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union wiil be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to ob±ain 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 OppOrtUnlty t0 Compete for and perfCrm SUbCOntraCtS whiCti the COintraCtoi enters into pursuant to this contract. The contractor vrill use his best efforts to solicit bids from and to utilize DBE s~..~bcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure 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 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 err~picyr~lei~t opportur,t~es 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 ser/ices 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. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. ._,_ III. NONSEGREGATED FACILITIES (P,pplicable to all Federal-aid construction contracts a ~d to all related subcontracts of X10,000 or more. ) 350-000- I S Comptroller 08106 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, Federal-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 ~wr;l 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 wi'I retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding 52.000 and to all related subcontracts, except for projects located on roadways classified as local roads cr rural minor collectors, which are exempt.) 0. 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 payn~~ent 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 (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a pion-~iner~i ar~u accessible place Wllere ii can be easily seen by the ~^~~orkers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (4C 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 ~~,^ork 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 ar_.curately set forth the time spent in each classification in which work is performed. 3 50-000-15 Comptroller osier; c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein ;ncorpora'ed by reference in this contract. 1. 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. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the follo~.ving 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; ana 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 additicnal classification action within 30 days of receipt and so advise the contracting off'cer or v/ill 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 ~~~ithin 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 frnge benefits where appropriate) determined pursuant to paragraph 2c or 2d of this ~ ection IV shall be paid to all workers performing work in the additional classification from the frst day on which work is performed in the classification. 2. Payment of Fringe Benefits: a. Whenever the minimum wace rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit ~.^rhich is net PYprPCCPf~ ac 8n hniirly rgte tha 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 trustee or other third perscn, 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 v.~ritten 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- 3. 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 350-000-1 5 Comptroller 08'06 the DOL, Employment and Training Administration, Bureau of Apprenticeship and (-raining, or wah a Sta±e 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 appropriates to be eligible for probationary employment as an apprentice. 2. The allowable vatic of apprentices to journeyman-level employees on the job site in any craft classification shall r,ot 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 than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work or, 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 shad be paid fringe benefits in accordance with the provisions cf 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. 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. 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, ev~~denced by formal certification by the DOL, Employment and Training Adr,,inistration. 2. The ratio of trainees to journeyman-level employees on the job site shall not be greater than perYUtted 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 Tr;rning Administration shall be paid not less than the applicable wage rate on the swage 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 ho~~~r!y rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If tt e trainee program does not mention fringe benefits, 3 ~0-000-15 Comptroller 08;'06 trainees shall be paid the full amount of fringe benefits listed on the wage determination unless itie Administrator of the'~'Vage 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 ti,an 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 perm fled to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the con!ormance procedure se± forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determinat on for the c~assification of work actually performed. 4. 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 cf 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 ;,realer than permitted by the terms of the particular program. 5. 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-r~acon 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 mecha~~ics, including apprentices, trainees, and helpers, employed by the contractor or any s.~bcontractor 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 workn,.g 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'~~e necessary ±o cause the suspension of any further payment, advance, or guarantee or rands until such violations have ceased. 6. Overtime Requirements: No contractor or subcontractor c~r~:tracting 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 u!escribed in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watc!,,,:ian, 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 q.:~_~~_~ receives compensation at a rate not less than one- --- and-one-half times his/her basic rats or" pay for all hours worked in excess of 40 hours in such workweek. 7. Violation: 350-000-IS Comptroller 08/06 Liability for Unpaid Wages; Liqu.uated 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 ?or his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of vrork 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 Q10 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 cla~~.se set forth in paragraph 7. 8. 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 sam•o prime contractor, or any other Federally-assisted contract subject to the Contract Wo k Flours 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-aid construction contracts exceeding X2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt. ) 0. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comp/, w!th the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 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, ~~^ratchmen, 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); daily 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 tt~e 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 I`/, 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. 350-000-15 Comptroller 08/06 c. Each contractor and subcontractor shall furn~~sh, each week in which any contract work is performed, to the SH,A resides 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 c,ay 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 pnme centractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shah' 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 emr~oyed under the contract and shall certify the following: 1. that the payroll for tl;e 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 cn t'ne 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 ±han 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 td 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 subcontractcr shall make the records required under paragraph 2b of this Section V available for inspection, ccpymg or transcription by authorized representatives of the SHA, the FHWA, er the DOL, and shall permit such representatives to interview e~7~?loyees during working hours on the job. If the contractor or subcontractor fads to submit the required records or to make them available, the SHA, the FH'~wA, tl~e 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 f~,,rther payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be orcunds for debarment action pursuant to 29 CFR 5.12. Vl. RECCRD CF MATERIALS, SUPPLIES, ANC LABOR 0. 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 X1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Mater als and Labor Used by Contractor of Highway Construction Involving Federal Funds," prier 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. a^d also of the quantities of those specific materials and supplies listed on Form FHWA-4~r ,and in the units shown on Form FHWA-47. c. urnish, upon the completion cf the contract. to ±he SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1 b ~elativFurnishaterials and supplies, a final labor sumrnar}~ of all contrac! work indicating the total hours worked and the total amount earned. 3 50-000-15 Comptroller 08%06 1. 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 0. The contractor shall perform with its o~~^~~n crganization 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 pace before computing the amount of work required to be performed by the contractor's cwn 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, abilit!es, or equipment not ordinarily available in the type of contracting organizations qua!,f ed and expected to bid on the contract as a whole and in general are to be limited ;o minor components of the overall contract. 1. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of matenai and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 2. 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 c~ nstruction operations (regardless of who performs the work) and (b) such other of its own organizaticral resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 3. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contrac±;ng 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 0. In the performance of this contract the contrac;or 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 li`e acrd health of employees on the job and the safety of the public and to protect property in connoction with the performance of the work covered by the contract. 1. It is a condition of this contract, and sf aJ be made a condition of each subcontract, which the contractor enters into pursuant to th;s contract, that the contractor and any subcontractor shall not permit any employee, in pcrfcn~.ance of the contract, to ~~~ork 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 ~^,i`.h Section 10? of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 2. Pursuant to 29 CFR 1926.3, it is a cond~tien c` ;his 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 tl~e Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGr;'+~VAY PROJECTS In order to assure high quality and durable cons`,ruction in conforrr:ity with approved plans and specifications and a high degree of re!iabil'ty 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 fundions as carefully. thoroughly. and honestly as possible. 350-000-15 Comptroller 08.Ob 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 E~dGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State 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, qualit}~, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted 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 furnished, 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, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more that X10, 000 or impr,so.ned not more than 5 years or both. " X IMPLEMENTATION OF CLEAN AIR ACT At~1D 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 c` ibis contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subc.;ntractor, as appropriate, will be deemed to have stipulated as follows: 0. That any facility that is or will be uti!~zed in the performance of this contract, unless such contract is exempt under the Clean ;~,ir Act, as amended (42 U.S.C. 1857 et sew., as amended by Pub. L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et Se:~., aS amended by Pub I Q2_~n(1), Fxariiti~ir? (lrrlar 11738, and regulations in implementation thereof (40 CFR 15j is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPAI List of Violating Facilities pursuant to 40 CFR 15.20. 1. That the firm agrees to comply and rema!n 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. 2. 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 t:, be I!sted on the EPA List of Violating Facilities. 3. 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 DEBARMEPtT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 0. Instructions for Certification - Prir;-~ury Covered Transactions: 350-000-15 Comptroller 08/06 (Applicable to all Federal-ald contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification se: 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 cannel provide the certification set out below. T he 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 cla~,~se ~s 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 t`ie prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies 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 "voluntariL~ excluded," as used in this clause, have the meanings set out in the Defin,t ons and Coverage sections of rules implementing Executive Order 12549. You n;ay contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary par;i;.~pant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered trarsa~tion witn 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 part'~cipant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Ezcl.~sion-Loy°~er Tier Covered Transaction," provided by the department or agency er:;ering into this covered transaction, without modification, in all lower tier covered transaot~ons 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 covc:rcd transaction that is not debarred, suspended, ineligible, or VOluntarlly ex.c!~~~c!~ ~ from th,e covered lransaotion, unless it knows that the certification is erroneous A participani may decide the method and frequency uy which it determines the elig,.~,l~ry of its princ,pais Each participant may, but is not required to, check the nonprecurement 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 fore~oing shall be construed to require establishment of a system of records in order to render in good fai±h 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 aut'nc~ zed under paragraph f of these instructions, if a participant in a covered tran~~_r_ticn knowingly enters into a lower tier covered transaction with a person v.-'no ~~s suspended. debarred, inel~~gible, or voluntarily excluded from participation ire this t~ansactien, in addition to other remedies available to the Federal Government, 'r. ~ department or agency may terminate this transaction for cause or default. 3 50-000- I S Comptroller 08106 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Primary Covered Transactions 11. 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-;scar period preceding this proposal been convicted of or had a civil ;udgement 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 embez~lernent, 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 ent `.y (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3-year period preceding this application/proposal had one or more public trar~~srct~ons (Federal, State or local) terminated for cause or default. 12. Where the prospective prim~~~y participant is unable to certify to any of the statements in this certification, such pros;,•~c,ive participant shall attach an explanation to this proposal. 1. Instructions for Certification -Lower Tier Covered Transactions: (Applicable to all subcontracts, purch~~se orders and other lower tier transactions of $25,000 or more - 49 CFR 29) By signing and submitting this proposal. the prospective lower tier is providing the certification set out below. a. The certification in this clauso is a material representation of fact upon which reliance was placed when this transact on ~~/as entered into. If it is later determined that the prospective lower tier participant k~~a~°~ingly rendered an erroneous certification, in addition to other remedies ava ~ab'e to the Federal Government, the department, or agency with which this trans~~ t~„„ „~~ginated may pursue available r,.medies, including suspension andior dF-barment. b. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal ~~ s~~_~bmitted ~f at any time the prospective lower tier participant learns that its c~,rt~,fca;~~n was erroneous by reason of changed circumstances. c. The terms "covered transaction." "debarred," "suspended," "ineligible," "primary covered transaction," "part~cih<nt " "person," "principal," "proposal," and "voluntarily excluded," as used in this clauso, have the meanings set out in the Definitions and Coverage sections of rules irr~•;;lerY~enting Executive Order 12549. You may contact the person to which this prop.>sai ;s submitted for assistance in obtaining a copy of those regulations. d. The prospective lower tier part cicant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered trans~:;t or ,vith a person who is debarred, suspended, declared ineligible, or voluntar~iy o.<cluded from participation in this covered 3 50-000-15 Comptroller 08iC6 transaction, unless authorized by the department or agency with which this transaction originated. - e. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Vo'untary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. f. 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 elig~b~!~ty of its principals. Each participant may, but is not required to, check the Nonprocurement List. g. Nothing contained in the foregoing shall be constr;:ed 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. h. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person v/ho is suspended, debarred, ineligible, or voluntarily excluded from participation n ',t is transaction, in addition to other remedies available to the Federal Government, t!•e department or agency with which this transaction originated may pursue ava~laL'~e remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower Tier Covered Transactions: 9. The prospective lower tier parC;cipant certifies, by submission of this proposal, that neither it nor its principals ~s presen±iy debarred, suspended, proposed for debarment, declared inelig~'ole, cr voluntarily excluded from participation in this transaction by any Federal deparh~ent or agency. 10. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such p~~~ospective par±~cipant steal! attach an explanation to this proposal. XII CERTIFICATION REGARDING USE OF CO.';TPACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction con+. acts and to all related subcontracts which exceed X100,000 - 49 CFR 20) The prospective participant certifies, b~,~ signing and submitting this bid or proposal, to the best of his or her knowledge and b~l~ef, rl,,at No Federal appropriated fun,!, ~ra.,,e been paid cr will be paid. by or on behalf of the undersigned, to any person ~ f;~r ~~nfluencing or attempting to influence an officer or employee of any Federal ag,::~~~, a Member of Congress, an officer or employee of Congress, or an employee o` a P.~'ember of Congress in connection with the awarding of any Federal contract, th:: ma~ing 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 agreer7~cnt a. If any funds other than Federa~ aporopriated funds have been paid or will be paid to any person for influencing or ati~~mpting to influence an officer or employee of any 0-000-15 Comptroller OS. 06 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, - lean, or cooperative agree,~~ent, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 1. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered I~-it~ Submission of this certification is a prerequisite for making or entering into this transaci~on unposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be s~.,h;sct to a civil penalty of not less than X10,000 and not more than $100,000 for each such ta~lure 2. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of th;s cer; `ication be included in all lower tier subcontracts, which exceed $100,000 and that all s~~sn recipients shall certify and disclose accordingly. ATTACHMENT A -EMPLOYMENT PREFEREh,~CE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 3. During the performance of this contr:::.t :he contractor undertaking to do work which is, or reasonably may be, done as on-site .~.o- k, shall give preference to qualified persons who regularly reside in the labor area as d~s~nated by the DOL wherein the contract work is situated, or the subregion, or the A,,^palach~an counties of the State wherein the contract work is situated, except: To the extent that qualified pcrsons regularly residing in the area are not available. a. For the reasonable needs o` ti,,-~ contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. b. For the obligation of the contractor to offer employment to present or former employees as the result of a la~~~~ful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph 1c shall not exceed 20 percent of the tc`,a! number of employees employed by the contractor on the contract work, except as previded in subparagraph 4 below. 4. The contractor shall place a job order ~:, ih the State Employment Service indicating (a) the classifications of the laborers, mec"un~cs and other employees required to perform the contract work, (b) the number of empl~:~yees required in each classification, (c) the date on which he estimates such employees ~r~~ll 'oe required, and (d) any other pertinent information required by the State Employment Ser~ ~e to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the informatio~~ s~.~r:nitted by the contractor in the original job order is substantially modified, he shall prom;~~ly notify the State Employment Service. 5. The contractor shall give full censid ~rat~on to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are !~.ot c;~_,a!ifed ±o perform the classification of work required. 6. If, within 1 week following the piacir.g of a job order by the contractor with the State Employment Service, the State Emr~loyment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to t!,~e contractor indicating the unavailabifty of applicants. Such certificate shall be made a part o` ;he contractor's permanent project records. Upon receipt of this certificate, the contractor ~~ray employ persons who do not normally reside in the labor area to fill positions coverr.d b;~ the certificate, notwithstanding the provisions of subparagraph 1c above. 7. The contractor shall include the prc~,~~sirms 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. Last modified on March 11, 2005