Agenda 07/22/2008 Item #16E10Agenda Item No. 16E10
July 22, 2008
Page 1 of 15
EXECUTIVE SUMMARY
Recommendation to approve amendment #5 to Contract No. 05 -3661 "Disaster Debris
Management Removal and Disposal Services" with AshBritt Inc., Crowder Gulf Inc., and
Phillips S Jordan Inc. to add Florida Highway Administration (FHWA) Emergency Relief (ER)
Program Requirements so that Collier County remains in compliance with FHWA
requirements to receive compensation for construction contract work that falls under
emergency and permanent restoration projects on federal roadways.
OBJECTIVE: To obtain approval from the Board of Commissioners for amendment #5 to Contract No. 05-
3661 "Disaster Debris Management Removal and Disposal Services" with AshBritt Inc., Crowder Gulf Inc.,
and Phillips & Jordan Inc. to add Florida Highway Administration (FHWA) Emergency Relief (ER) Program
Requirements so that Collier County remains in compliance with FHWA requirements to receive
compensation for construction contract work that falls under emergency and permanent restoration projects
on federal roadways.
CONSIDERATIONS: On June 14, 2005, the Board approved Agenda item No. 16.C.7, Contract # 05 -3661
"Disaster Debris Management Removal and Disposal Services" contracts to AshBritt Inc., Crowder Gulf Inc.,
and Phillips & Jordan Inc., to provide adequate equipment and human resources, after a natural or man made
disaster, to assist County Staff in dealing with the removal and disposal of the disaster generated debris, in a
prompt, timely and efficient manner that will enable the County to restore essential services.
In the past year, FHWA has become more stringent in their requirements for reimbursement of funds. They
are taking the necessary steps to improve their reporting requirement by enforcing guidelines on both damage
documentation and compliance with basic federal -aid contract requirements. By amending the contract,
Collier County provides the additional guidance needed to stay in compliance with FHWA.
On September 12, 2006, FDOT Federal -Aid Office requested FHWA to provide clarification of their guidelines
for emergency repair contracts, permanent restoration projects and work performed by state or local forces.
By adding Amendment #5 to Contract 05 -3661, Disaster Debris Management Removal and Disposal
Services, the County provides the necessary guidance needed to stay in compliance with FHWA.
During 2004 and 2005 Florida was impacted by eight hurricanes resulting in substantial reimbursements from
FHWA's emergency relief programs, for both emergency and permanent repairs. Collier County received an
estimated reimbursement of $ 2,000,000 dollars.
By pre - establishing protocols necessary to expedite the recovery from a severe weather event, the County
reduces its potential for increased cost or loss of reimbursements from FHWA, and the Federal and State
Governments. Additionally, by adding this contract language, the County will be in compliance with FHWA
guidelines to receive reimbursement for emergency repairs contracts, permanent restoration projects and
work performed by state or local forces.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive
Summary.
FISCAL IMPACT: Modification of our Disaster Debris Management Removal and Disposal Services contracts
will help to ensure maximum reimbursements from FHWA and State agencies in the event of a major
disaster.
RECOMMENDATION: That the Board of County Commissioners approves contract amendment #5 to add
FHWA guidelines as per Exhibit A, and authorizes the County Manager or his designee to sign the
amendment.
r PREPARED BY: Dianna Perryman, Contract Specialist, Purchasing Department
Page 1 of 1
Agenda Item No. 16E10
July 22, 2008
Page 2 of 15
file: / /C:\AgendaTest \Export\ 11 I - July% 2022,% 202008\ 16. %2000NSENT %20AGENDA\ 1... 7/15/2009
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16E10
Item Summary:
Recommendation to approve amendment #5 to Contract No. 05 -3661 Disaster Debris
Management Removal and Disposal Services with Ash Britt Inc., Crowder Gulf Inc., and
Phillips & Jordan Inc. to add Florida Highway Administration (FHWA) Emergency Relief (ER)
Program Requirements so that Collier County remains in compliance with FHWA
requirements to receive compensation for construction contract work that falls under
emergency and permanent restoration projects on federal roadways.
Meeting Date:
7/2212008 9:00:00 AM
Approved By
James W. DeLony
Public Utilities Administrator Date
Public Utilities
Public Utilities Administration 7/212008 2:01 PM
Approved By
Daniel R. Rodriguez
Solid Waste Director Date
Public Utilities
Solid Waste 7/3/2008 8:56 AM
Approved By
- Steve Carnell
Purchasing /General Svcs Director Date
Administrative Services
Purchasing 7/3/2008 1:30 PM
Approved By
OMB Coordinator
OMB Coordinator Date
County Manager's Office
Office of Management & Budget 7/3/2008 4:27 PM
Approved By
Laura Davisson
Management & Budget Analyst Date
County Manager's Office
Office of Management & Budget 7/9/2008 9:46 AM
Approved By
James V. Mudd
County Manager Date
Board of County
Commissioners
County Manager's Office 711112008 4:44 PM
file: / /C:\AgendaTest \Export\ 11 I - July% 2022,% 202008\ 16. %2000NSENT %20AGENDA\ 1... 7/15/2009
Agenda Item No. 16E10
EXHIBIT A -5 Contract Amendment # 05 -3661
"Fixed Term Disaster Debris Management Removal and Disposal Services"
This amendment, dated 2008 to the referenced agreement shall be by and between the parties
to the original Agreement, Crowder Gulf Joint Venture, Inc. (to be referred to as "Contractor ")
and Collier County, Florida, (to be referred to as "Owner ").
Statement of Understanding
RE: Contract # 05 -3661 "Fixed Term Disaster Debris Management Removal and Disposal
Services"
In order to continue the services provided for in the original Contract document referenced above, the
Contractor agrees to amend the above referenced Contract to add FHWA Guidelines as per Exhibit "A5-
A" attached to this Amendment and incorporated herein by reference.
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date(s) indicated below.
CONTRACTOR:
Crowder G f Joi tt� In
By
tlUYts
(print name of authorized 1Yvm signatory)
ATTEST:
Dwight E. Brock, Clerk
Approved as to form and
Legal sufficiency:
Assistant County Attorney
Accepted:
2008
OWNER:
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
DEPARTMENT DIRECTOR
By:
Dan Rodriguez
DIVISION ADMINISTRATOR
By:
Jim Delony, P.E.
CONTRACT SPECIALIST
By
Dianna Perryman
Page 3 of 15
Agenda Item No. 16E10
Page 4 of 15
Exhibit "A5 -A"
FHWA -1273
Required Contract Provisions
Federal -Aid Construction Contracts
Clarification Version per Letter Dated 9/12/2006
Contract Requirements:
Listed below are the basic federal -aid requirements that must be followed for emergency repair
projects and permanent restoration projects. These requirements apply to all State and Local
Agency contracts for both emergency and permanent restoration types of projects. These
requirements cannot be waived just because there is a State or FEMA emergency declaration.
1. FHWA Form 1273, titled Standard Federal -aid Provisions, must be physically
incorporated (not referenced) into all prime and subcontractor contracts.
2. Davis -Bacon Wages Act; refer to http: / /www.fhwa. dot .gov /construction/cgit/dbacon.htm
3. Buy America
4. Disadvantaged Business Enterprises (DBE)
5. Americans with Disability Act (ADA)
6. Convict Labor Prohibition
Additionally, for emergency work it is important to remember to take the following into account:
1. Emergency repair projects under the ER Program must comply with the requirements of
the National Environmental Policy Act (NEPA).
2. Negotiated or solicited contracts are allowed for emergency work, but their use should be
minimized. Some type of competitive bids are the preferred method.
3. Regardless of the contract method, there should be documentation on how contracts are
negotiated, solicited, or openly bid.
Permanent work is handled just like a normal federal -aid project, but can be expedited so long as
the requirements are met. Permanent repairs require FHWA review and approval in advance of
contract advertisement. A detailed engineer's estimate and competitive bids are required like on
normal federal -aid projects, but the use of abbreviated plans, a shortened advertisement period,
etc; are appropriate depending on the scope of the work.
State and Local Force Account•
The FHWA Form 1273 and Davis Bacon provisions do not apply to state and local employees
(� performing ER work by force account (actual cost of labor, equipment and materials). A public
Agenda Item No. 16E10
Page 5 of 15
interest finding is not required for emergency work, but is required if state or local employees
perform permanent work.
Use of Joint Participation Agreements (JPA's) or Local Agency Program (LAP) Agreements
The FHWA has previously agreed to accept the use of JPA's for the performance of
emergencywork. Local agencies must be LAP certified to perform permanent work.
Item No. 16E10
JU1y 14,
Page 6 of 15
FMWM13r3E4 rbn,cwrs,m..Uy 10 '994
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
1. These centrad prevision shall apply to artwork performed on the
contract byline contacia's owm orgenhzatlon via Mtih the assistants of
Workers udarins contractors Immediate supavdendana and to erg
Milk Pwkmwd n to contract by Pleeamnk, station work, or by
subcontract.
2. Exapt as dhervnse provided for M each section, the contractor
stag Irian in can subcontract IN Of to stipulations contained In these
Required Contract Provisions, and further require Melt incision in say
brnrhaaWoNr "Pxdaxadv#W mylntumbemsde. The
Required Contract Provisions shell not be Incorporated by reference in
any cafe The prime contractor and be responsible for compmana by
cry subaotrador Or Iota list subcontractor with daft Required
Codred Provision,
3. A breach or any or the ahpulations comihhW in thaw Required
Contract Prnvialons shag be nuf6cient grounds let termination or the
contact.
4. A breach of the fallowing clauses of the Required Carmel
Provision may ego be grands for debarment as provided in 29 CFR
5.12:
Secft 1, paragraph 2;
Section N, peaprephs 1, 2.3.4, and 7;
Section V. pvgrape 1 and 28 fhragh 4
S. Disputes arieYg oil of the labor standards provisions of Section
IV (410DW paragraph S) and Secilm V of these Required Contract
Provisions Whig not be subject to the Dan" disputes clause of W,
"drat Such dWWn sag be resolved In accordance with the
Procedures of to U.S. Department of tabor (DOL) a eat forth In 29
CFR 5, S, and 7. Disputes within the mnning of this clause include
disputes beheen the eontraeta (a arty of Its subcontractors) and the
agency, contracting the D0L, or the contractor' employees or their
^ 8 Saeealod of Labor. During the performance of this contract, the
contractor sham net
a. dilw4minste against labor Iran any what Slate, posseaslon,
or territory of the United States (except fa employment preference fa
App ilactuanashracd,when applicable, as specified In AttachmereA),
Of
b. employ convict labor for any purpose within the limits of the
project unless it is labor performed by convicts who are on parole,
supar dyed miss", a probation.
IL NONDISCRIMINATION
(A1Wlk2ble to all Federal-aid construction contracts and to all taloned
subcontracts of $10,000 or more.)
1. Equal Fanployna s:Oppodunfty: Equal employment oppomu-
ney (EEO) requiriffegnts not to disakminW end to take affumsthre
action to assure equal opportunity as alt forth under levee, executive
orders. rules, regulatkns (28 CFR 35, 29 CFR 1830 and 41 CFR 60)
and orders of the Secretary of Labor as Modified by the provisions
Prescribed herein, and IMPD"d pursuant to 23 U.S.C. 140 shag
comtihde Una EEO end specific a neurtive action standards for the
comradofs projecteilSVmlesunaarlMa contrail ThaEqual Oppohnily
Construction Contract Spec16catlons set famh under 41 CFR6043 and
the provisions at the American DlsaWlghs Act of 1990 (42 U.S.C.
12101 at hey.) eel forth under 26 CFR 35 and 29 CFR 1630 am
Inwnpotafad by reference in this contrail. In the macution of this
contract, the ..b clot agrees to comply with the following mlMrtnan
speoitk requirement ectivmles of EEO:
e. TheoontMtorv,10mrkwhhthe Stotehighwayegnry(SHA)
and the Federal Government In carrying out EEO Obligations and nthelr
review of Ns(her activi ies under the contract.
h. The conlractorwlit accept as his operating policy ft fdbwing
statement
"a Is the policy of this Company to assum that appmanta are
employed, and that employese we treated during employment,
without regent to their race, religion, wan, color, nsUGnd origin, ergs
or disability, Such action sell include: employment, upgrading,
demotion, ortrwafer, rocrumment a recrummeM advwrwrg: layoff
W termnaiion; ratan of pay or other fours of oampanseion; and
selection falraining, including apprenticeship, preapprentk:eebp,
andlcr on-the -job training."
2. EEO Officer: The annscto will designate and make known to
the SHA contracting Officers an EEO Orfieerwhovild he" the respona-
blWOr. and must be capable of effectively administering and promoting
an active contractor program of EEO and who neat be assigned
adecyuate aulhorily and responsibility to do so.
3. Otssw Wmft n of Policy: All members of the contractors staff
who are ■uthorieed to hire, supervise, promote, and discharge employ
sea, or who reeommeM Such action, or who we subesttshy involved
in such Mellon, Will he made fully cognizant d, and wag implement, the
cnoectore EEO policy and contractual responsibilities to provide EEO
in each limits and oaeNncetln of employment. To ensues that the
abovs agreement Will be met, the following sallom MR be taken as a
minimum:
papa t
Pegs
I.
Genie ....... ...............................
1
II.
Nndlecraninatlon :....................... .....
1
Ill.
Nonsegregated Facilities ............. . .........
3
IV.
Papnwd of Pmddwn *W Minimum Wage ...........
3
V.
Statements and payralts ......................
VI.
Record of Materials, qupplles, snit Labor ............
8
NI.
Subheading of Assigning the Contract ................
7
VIII.
SOW. Accident Pmvw*w ......................
7
D(.
Fsia SWaneres Conesming Highway Projects .......
7
X.
implementation of Clan Air Act and Federal
Water Pollution Control Ate ......... .............
g
XI.
CemBnOn Regarding Debarmad, Suspension,
IrWVbi 1y, and Voluntary Edmion ................
8
XII.
C.mrteatbn Regarding Use or Ceramic Funde for
LoahYing ............. sees.. ...................
4
ATTACHMENTS
A.
Employment Preference for Appalachian Contracts
(Included in Appalachian contracts only)
1. These centrad prevision shall apply to artwork performed on the
contract byline contacia's owm orgenhzatlon via Mtih the assistants of
Workers udarins contractors Immediate supavdendana and to erg
Milk Pwkmwd n to contract by Pleeamnk, station work, or by
subcontract.
2. Exapt as dhervnse provided for M each section, the contractor
stag Irian in can subcontract IN Of to stipulations contained In these
Required Contract Provisions, and further require Melt incision in say
brnrhaaWoNr "Pxdaxadv#W mylntumbemsde. The
Required Contract Provisions shell not be Incorporated by reference in
any cafe The prime contractor and be responsible for compmana by
cry subaotrador Or Iota list subcontractor with daft Required
Codred Provision,
3. A breach or any or the ahpulations comihhW in thaw Required
Contract Prnvialons shag be nuf6cient grounds let termination or the
contact.
4. A breach of the fallowing clauses of the Required Carmel
Provision may ego be grands for debarment as provided in 29 CFR
5.12:
Secft 1, paragraph 2;
Section N, peaprephs 1, 2.3.4, and 7;
Section V. pvgrape 1 and 28 fhragh 4
S. Disputes arieYg oil of the labor standards provisions of Section
IV (410DW paragraph S) and Secilm V of these Required Contract
Provisions Whig not be subject to the Dan" disputes clause of W,
"drat Such dWWn sag be resolved In accordance with the
Procedures of to U.S. Department of tabor (DOL) a eat forth In 29
CFR 5, S, and 7. Disputes within the mnning of this clause include
disputes beheen the eontraeta (a arty of Its subcontractors) and the
agency, contracting the D0L, or the contractor' employees or their
^ 8 Saeealod of Labor. During the performance of this contract, the
contractor sham net
a. dilw4minste against labor Iran any what Slate, posseaslon,
or territory of the United States (except fa employment preference fa
App ilactuanashracd,when applicable, as specified In AttachmereA),
Of
b. employ convict labor for any purpose within the limits of the
project unless it is labor performed by convicts who are on parole,
supar dyed miss", a probation.
IL NONDISCRIMINATION
(A1Wlk2ble to all Federal-aid construction contracts and to all taloned
subcontracts of $10,000 or more.)
1. Equal Fanployna s:Oppodunfty: Equal employment oppomu-
ney (EEO) requiriffegnts not to disakminW end to take affumsthre
action to assure equal opportunity as alt forth under levee, executive
orders. rules, regulatkns (28 CFR 35, 29 CFR 1830 and 41 CFR 60)
and orders of the Secretary of Labor as Modified by the provisions
Prescribed herein, and IMPD"d pursuant to 23 U.S.C. 140 shag
comtihde Una EEO end specific a neurtive action standards for the
comradofs projecteilSVmlesunaarlMa contrail ThaEqual Oppohnily
Construction Contract Spec16catlons set famh under 41 CFR6043 and
the provisions at the American DlsaWlghs Act of 1990 (42 U.S.C.
12101 at hey.) eel forth under 26 CFR 35 and 29 CFR 1630 am
Inwnpotafad by reference in this contrail. In the macution of this
contract, the ..b clot agrees to comply with the following mlMrtnan
speoitk requirement ectivmles of EEO:
e. TheoontMtorv,10mrkwhhthe Stotehighwayegnry(SHA)
and the Federal Government In carrying out EEO Obligations and nthelr
review of Ns(her activi ies under the contract.
h. The conlractorwlit accept as his operating policy ft fdbwing
statement
"a Is the policy of this Company to assum that appmanta are
employed, and that employese we treated during employment,
without regent to their race, religion, wan, color, nsUGnd origin, ergs
or disability, Such action sell include: employment, upgrading,
demotion, ortrwafer, rocrumment a recrummeM advwrwrg: layoff
W termnaiion; ratan of pay or other fours of oampanseion; and
selection falraining, including apprenticeship, preapprentk:eebp,
andlcr on-the -job training."
2. EEO Officer: The annscto will designate and make known to
the SHA contracting Officers an EEO Orfieerwhovild he" the respona-
blWOr. and must be capable of effectively administering and promoting
an active contractor program of EEO and who neat be assigned
adecyuate aulhorily and responsibility to do so.
3. Otssw Wmft n of Policy: All members of the contractors staff
who are ■uthorieed to hire, supervise, promote, and discharge employ
sea, or who reeommeM Such action, or who we subesttshy involved
in such Mellon, Will he made fully cognizant d, and wag implement, the
cnoectore EEO policy and contractual responsibilities to provide EEO
in each limits and oaeNncetln of employment. To ensues that the
abovs agreement Will be met, the following sallom MR be taken as a
minimum:
papa t
a Perludic meetings of Supervisory and personnel office
employees will be conducted before led start olwontrand then not tees
OR" Bun orlon eery sic months, at which UM their contractors EEO
paucir and No Impisrnsrlallon will be reviewed and loplaased. The
meetings wiry be conducted by the EEO Officer.
b. Alns K"MSOrya PKWVWctgceampleyaesmllbsgbm
attnrough Indoctrination blithe EEOORicer, covering almajor aspects
Of the contrscurs EEO Obligations idhln thong days foriwwng m it
reporting for drayweh the convenience.
C. AN personnel Who are engaged M direct nxsuhmem for the
Project wed be MstrWed by the EEO Officer in the contractors
procedures for laoetig and hiring minority group employees.
d. Notices and posters toting fodh the contractors EEO policy
colon be placed M areas sedgy occesslfta to employees, appacenter for
employment and potential anplOrvas.
e. ThswincWrs EEOporcyandthaproceduresto NpisoM
such Poky coil Its brought b the attention of employees by means of
meetings. emilk" larndbodu. a Other appcpnste Russia.
4. RecruWrerd: Whenadve tisingforempbyaes,branbnotawg
eruude in al adwenlaaesnts la employer the notedon: "An Equal
OPpO!" Employer.' Al such edvartlaerr+anls will be placed in
puhllatione hsltilg a tope aMaaledan emo g minorty groups N ire area
tom Much the Project work fora would normally be derived.
a. The contractor wig, unless precluded by a valid bargaining
agreement. coRtdren %pWn tla and direct nerutment through pualo
and P*Ift engkyw refarrel nourese Hotly to yWd qualrod minorry
group applicants. To MW this nsqutemet, the =vita"WII Identify
sconces a PObmaW minsmy¢oup ertpbyeea, and eataaeh weh such
afestiaed —, procedures whereby mhtwly group applicants may
be referred to to oawxta for smpbymeM consideration
b. In this eefd the contractor hat a valid bargaining agreement
pr MngtorerLehe hiring hag referrals, he Is expected to disallow the
prwlaMa Of out slinIMMsnt b the SAN that the system permds the
contractors canplelwrewth EEO contract peovlalons. (The OOL he
held that where Implementation of such agreements have dx effect of
discriminating against Minedlies, or women, or Obligates the contractor
to do the Same. Such 1mpleementation violation Executive Order 11244.
as amended.)
C. The co tractor will encourage rss prosem woo" brew
mirm" group appicards tar employment. Infotmahbnend procedres
wM n sFd to nfatrng ndnaly group &Mkwtewgl W dWcutaed wkh
employses.
S. Personnel Actions: Wage, workingcMWMMN and employee
Wnedte $half be edaWkhed anti administered, and po sonnl actions
ofavarytype,ndn b . $hall tpPal ng.Praisit re to to mca, COW,
layoff, and tamtarwon, shell he teen without regard ro race, color,
religion. sax, ndlmW onipin. ago or diesbflty. The 7tllowing procedures
and be ropewed:
e. Thecw* netorwq soedudperkdeimpectknofpfgatsges
to McRae diet whxldigcaagtlons erred empioyea racllltes do not Ndkates
discriminatory treatment of projat sin pers nnat
b. The tontiaetor teal petlodicaly evaluab ore speed err wapp
Paid wiltrbreach classification to detemhNe any evidence of chedmina•
lay wage licences.
Pave 2
c. The c ntWw will Parhdicsdy review selected personnel
action h depth to determine whether then is evidence of dlscnM•
nation Where eWdsrge fit found, die contraela will pr=PM take
conactM action. It the ravieer Indicates but the discrimination may
erta d beyondtMaclbnsreNewed, such carrocthe action ship bullion
at abetted persons.
d. The contrecror win prompuy trxvasllpsts erg corplooda of
alleged discrimination made to the contractor N carectlon with his
Obligation ands MLLCatrack will ar erapl to rasolq such complaints,
and will take appropriate corrective action wedn a resaensbk time. If
the Investigation indicates that the ch onminabon may effect persons
other than the complainant, such CorreWve sctbn shelf include such
Other persons. Upon eompl~ of each inwptlgstbn, the contractor
will Mform every w Pldnant of es of No Iversen of ■ppoal.
& Treledrtg and Proration:
a. Thecordrectorwp aaaM In locating. qualifying, and increasing
vie sides of minorty grouP anti women employees, and applicants for
employment
b. Curlsistem with the Wnlnaors work lance requVertwm sand
an penriseble under Federal and 9tstereguletiaru,loi bonaachw shat
make full up of Oak" programs, I.s., apprenticeship. and on- the -job
training Programs for the geographical area or contract performance.
Weds feasible, 25 PerceM of apprentices err trainees N each scups.
tian stud be, In wir ties year or apprenticeship or training. In the evem
a Special provision for training is provided under this commict, this
subpesgreph we[ be superseded as widfcctsd M the spacial pwisian.
c. The Contractor will adMes employees and applicants for
employment of available tnlnlrg programs and enhance requiremente
for each.
d. The contractor will periodically review the training and
Promotion Potential of minority group and women amplayess and will
encourage eligible employees to apply for such training and promotion.
7. Unlona: If the Contractor relies In whole or in part upon uNons as
a eorxce of employee, the contractor Will use hilher 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 unlone of mkwmy and MMM Mployeea. Actions by the
uxnlraeta ether direcLLy arthrough a eonVactoYs asacowtion acting as
agent will Ncssda the procedures set forth below'
a. The eantracWr wig user beet efforts to daysop, in cooperation
with the Orion*, joint training pmprams aimed toward qualifying more
minmltygroup memaers and women for membership in the unions and
Increasing the skits of minor'sy group employee and women ono that
they may qualify for higher paying employment.
b. The contractor will use best ellone to incorporoW an EEO
clause into each union agreement to the end that Such union will be
comraduetyti udto rarer applicants wlthtwtregard tothenMe, Color,
religion, vex, nadonal origin, ape or disability.
e. The contractor IS to obtain Mfomestbn as to the refenal
practices and policies of vie labor union except that to the extent such
information In within the exclusive pasessbn of the labor union and
such labor union refuses to fumish such Infomelbn to the cuntrecbor,
the conbacter and so cemlfy to the SKA and "it set lath w atefforts
have been mods to obtain suds Information.
crew
Page 7 of 15
It In the Evens the union b unable to provide the contractor with
s reasonable flow of minority land woman refeme, within the time limp
eat fan" In the wllscthn borpsinhq mgmffmM. to contractor will,
ttvwp"in' 1 1 recruitment Waste, fill the amplotmanl vocanoke
without fOPM to raw, color, rellplcn, sett natlmW Orion. ape or
dw@Wlt,, holds flleflectstoobI I qualftedandMrquWmhl.mnorly
group person End woman, (The DOL has hold that A shop be na
emwa that the aloof with which the cantra bor has a coiledhe
bargaining sgnemeet ProvkNq far Eadushn rsk'W failed to refer
rod" amplayess.) In the it the union mistral Wool prmnte
tlhswlNladar from maaiing the orgatlons PurauaM to FxsodNe Order
It 20,111141resMed, and these specat prwiWns, Each central MOE
immEdetty rptiy the BHA
t. Setedlm of Subcontractors. Procurement of Materials are
Less" of EqugrrMrht The contractor shell not diecriminate an the
grounds or taw. color, Ill saw, national origin, no or daabnly in
the Eeladbn rho retention of subcontractors, including procurement of
matwtRk and tepss of equipment
L The contractor shop rnfHy sit pofenbal subconraetor. and
eppllare of N64W EEO obpgagons under that cdntrad,
h, dsadvantagW bwhiwa entepripe (DBE), p tlefrned In r,4
CFR 23, shop have equal opportunity to compete for and pElf mt
Wbcomhadawhieh tM Contrsdore hers Into pursuant to Ihia conrad.
The contrsdm will use his beat efforts to Oak* bids from and to utilize
DBE Subcontractors or subto tradore with meenngNl aw" group
rue femais rapearwrtion among their employees. Contractors shag
obtain Acts of DBE construction Arno from BHA personnel.
o. The ColeEdor wig ma his Mal efforts to Mount subcontractor
WMPUGMa with the" EEO obigations.
S. Records and Reports: Tho contractor M&A keep such t,,Mds
p n*OK ry to document cwtplanrw with the EEO requirements.
Such rewrce shag be rauhnd for a period of throe years following
complallm of the contract work and shah be available at rommbie
nns$ aw P4Cp tar Inspection by authorized representatNes of the
BHA are On FHWA.
s. The records kept bit the contractor Moll document the
foAowug;
(1) The mnnber dmbwrhy and non- mnortygroup mambom
End wanes arplocMd In each work ClaWficahon an tee prated;
(2) The progress and efforts Ming mods in cooperation with
urdarn, when sppkable. to increase employment opponwilles far
mmorlles and Memo;
(3) The Progress and sRorie being made In lambing, hiring,
treirwg, qualifying. End uporadng mi" and femafs enploy*ss; and
(4) The Progress end ~a Ming made In securing the
eeviosa of DBE auhoor*Sd= r subcontractors with m aningful
mk-* and temple n1preeenutim amag their employees.
b. The conraces will submit an annual repro to to BHA each
July for the duration of the project, Indicating the number of minority,
women, and ron.rapprAy group employees currency Engaged In Each
wdkdgosVko dm requited by the contract walk This inamodion la to
be t*PW W on Farm FHWA -1381. If cn- lha)ob toning is being
required by SPOCiel Provision, the contractor "It be required to collet
and report training des,
Agenda Item No. 161110
Page 8 of 15
M. NONSEGREOATEDFACILITIE3
(Applicable to all Faderel-ald corudruclon contracts and to all related
subcontracts of S1C,000 or mare.)
a. By submission, d this bid, tit eeaculbn of this contract or
subcontract or the consummator, of this material guppy agreement or
Purchase order, n appropriate, the bidder. Federel-Elci construction
oontnco, subcontractor, material supplier, a WON, p appropriate,
certifies that the Am data not mention or provide for Its employs" any
segregated fact"" at any of Its eatahpnmena, andthal the firm data
not Perml Its emplayeee tOpedomh their seMCp at any lowbon, under
its contrW , wheresegregated feeifdkisara maintained Tho RUmagree
that a breech of this codification Is a violation of the EEO provEl of
this Contract The Arm Neer certfin that no employee wig be denied
eCCeas to adequate facilities on the basis of sox a dipbiliy,
b. As used in this wdilicetion, the term - segregated Implies -
MOM% ens waling roans. work west, restrooms and wssftooms,
rottw n wwfothereeing amp, tinndooki, loakerrooms, and other
nsaege Or draseng area$, parking lots, drinking fountains. recreation or
Mudein"Al area, transportation, and housing facilities provided for
employees which are segregated by eppcit directive, of are, In fact,
$"&led on the basis of ram, color, religion, national origin. age or
duabiaty, because of hens, focal custam, Or otherwise. The ory
encepdm will be for the disabled when the demands for accasu ly
override (e.g. disabled perking).
e. The contractor agree* that it has obtained or wil obtain
ide 0081oentiACelim from proposed subcontractors ormalrWoupplars
print to award of subcontracts or consummallon at material supply
agreemeop df St C,OCD r more and that Own retain such canMwticns
In As fop.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to ell Federal -aid construction contracts eicoading
$2,000 end to all related subcontracts, except for projects located on
metlxeys deasifed as local roods r rural minor ooaectm, which arc
exempt.)
1. Oentral.
e. All mechanics and laborers employed or woririrg upon the ate
of the wok wig be paid unconditionally end not boa often than once a
week and without subsequent deduction or rebels merry account
(ecnptsuch peyrolltleductldnsor5 erepematedbyregulatime (29 CFR
3) Issued by the Secretary at Labor under the Cnpstond Act (40 U.S.C.
27&)I the rul ewunfe of wages ar,a bons ride fringe benefits ter wan
MuMlents thereof) due al time of payment The payment Man to
computed at wage rata not Ilia than those contained in Ihe wage
dONrmkn~ of the SKISI ll of Labe (herolrnfter "the wags detenN-
rotdon'T which is attached hereto and made a part hereof, regardless, of
MY consraclual relationship which may be alleged to eclat between IM
Cortractorr ps subcontractors and such labors and mechanics. The
wage determination Concluding any additional daptAootion, and wage
rates conformed under paragraph 2 of this Seetlm IV land the DOL
poster (W H -1321) or Farm FHWA -1495) shall be posted at ell time, by
the contractor and As subeonbactors el fns One Of the work In a
prbmnent are eCeecsible place whore It can be easily am by the
workers. Far the purpose of this Section, conbibutwn a made or costs
min by anbdPeted for bona fide fringe tonefle weer Section
1(b)(2) of the Davi"acon Act (40 U.S.C. 2719111) an behalf of laborers
Of mechanise era Considered wages paid to such laborers or mwhen.
ia, subject to the provisions of Station IV, paragraph 3b, noted. Also,
far the purpose of this Sodden, regunr cmtributims, made or coats
incurred for more then • wG*W prod (bbl not less often than quavery)
under plane, funds, or programs, which cover the particular weakly
period, an deemed to be constructNey made
Pga3
or meured dwrhg such weeny period. Such labours and mechanics,
shall be Pddthe appwpuu Wage rate and hlngebensf le on the wage
d Giffiftlin for the pWatA"M Or Work actually Peereened, With"
regard to Oda, escept as PMVIdW In Psfagropte 4and 5 of late SWIM
V.
b. taeorars or mechanics peffoTting Work In more than one
cueslBaslleff may be wmpw"W at the role apsafed (Or each
daseigealleu fee the time acbrelty corked Marvin, provided, that to
e -Pleyes psyraa records aoorrately set (adln the Minn aPard m each
CIB" kfft In which week is Performed,
o. AD rulings and intarprelaams or the Dawle -Baum Ad and
related aft cmhined In 29 CFR 1, 3, and S m herein Incorporated by
reference In this contract
2. elaesmcgtio ..
a. The SHA =free" officer Mal require that any elast of
laborer or mechanics employed under the contrut hhhidt is rat tistW
In the MgO datermenGOn, and be daastred In Cwdwmmca with the
"go delarinbratorL
u. TTw ccraradIng bff r gull approve W widdionet clasadrcA-
Ilen, wogs rate ono frkare benefda my when the folloWng creed' here
been nut
(h) the work to be performed by the addalona( classification
rgquestW ism pdrabmedbyaclassakNipnIn th MgedaterminatiM;
(2) the addttmal classification Is utifted in me area by the
construction Musty.
(3) the Proposed wage Me, Inducing any tone fide ki gs
bsrheatf, bear g raeaonsble MaflonsNp to the MP rue contained In
Be wage determination; end
- (4) some rasped to helpers, when such a UaWlkahon
Prevails in the Shia in M ch the work la pertomhW.
c. ififmmrdmctw rsuboontr ton,napprapfete,thaleborefs
and mechanics (If Imoeth) to be efnPlOyed in the sdddimal cuaelficatbn
or their hepregenhthes, and he oorbeding outer egret M the
chaemtaaah erdwsge rata (inUUdkq the amount ryastgnatd for!nnpa
beneft where appropriate), a report of the action lakes Men be mtby
the cantrcting officer lothe DOL. Administrator ort m Wage and Hour
Division' Empl Wwd Slar AdnuniSITNUM, Wasbbgton, D.C.
20210. The WagoommmrAdmgtabdw ,wwgulher¢edrepeaenta-
LIM wee aPprwa. modify, of disappuve ewe addleonat classification
action within 30 days of reosipt and so advise Iheccrdreting cffcer Or
VAR notify the cw*VcMg oflluw Within IM 3UWY caned shat addttlonai
lama 4 necessary.
d. In the eveM Una mmrpo err whcorrtaclpr, as appropriate.
the IabWagormecharin to be employed In Meaddakneidesadkatkn
Or their rpresmtetivas, and the co tbadig ofecar de not agree on the
propaeW casetpcation and Wage rate (IrhdudMg the MOU tdesignated
for romps lenefas, where approput), Mecoraredhg Officer shahntr
the questions, indudng to views of as Interested pertks and the
reCOM"Watkn of the contracting ofrtear, a r
the Wage and He
Acimmiatr" for determination, Sold AdmiZrator, Or in a thorUed
repaseelegya, wit ISSUa a dgwMhatlan within 30 days Or renipl and
so adNee the contracting officer Of MIS notify the contracting officer
wmtn the 3o-day period that sddaknel time is naoeaSey
a. The Wage rate (Including fringe benefit w eia apprpriaa)
determined puraaaro to paragraph 2c or 2d of this Sector IV Shen be
Paid to as workers P@dw0 ho work In the addafonel classification
%a• 4
Agenda Item No. 16E10
Page 9 of 15
from IM that day on which work is performed in the cusslfcetion.
3. Paymentotpdngagenefits:
a. Whensear The minimum wage rate prescribed In the cormecl
tar g Usaa of tborees or mecntnip Ixwdas a fringe bmmera vmich is
rot " rrearO 411 M s hoary rate. me WCOA far Or ewcomractora. as
tin a shell paythe beneM easused nntheMips derermirw
Pay another bone Boa fringe benefit OF an hourly ease
equivalent th rest.
b. If the oramador w subcofhhao! r, as appropriate, does not
make Payment to a trustee of Otar third person, he/she may consider
AS a Pit of the wages of arty laborer or mechanic the smounl of any
costs reagen"S"WP,O W In providing bone fide frkhde benefit ur4w
A plan Orprogre n,govided, mating Secretaryof Lebw hag roan, upon
the vnaten raquget of the contractor, that Me applicable standada ofthe
Dam -Baron Act haw been met The Secretly of Labor nay require
the corlhactor to ad aside In a Separate account HaWs for the meeting
Of adgations under the plan or program.
4. Apprentices and Trainees (programs W the U.S. 001.) and
Helpers:
a. Apprerdicae:
(1) Apprentices wig be pnmlttW to work at ten Main ins
prrMtermeed rat forme work they performed when they are empu yid
Pungent to and ehdnWwlly registered in a horn ode appreMiceahip
Program nglele QCroute DOL, Employment end Training AdmWwa-
Son, Bureau Of Apprenticashrp and Training, wwaha State appremke-
Ship agency McognaAd by the Burasu, fir if • Person IS employed in
hW hat drat 90 dap Of probationary employment as an apprentice in
such an apprardicaship program, who u not IMiMustly registered In the
program, the Who has been certif0d by the Bureau of Apprenticeship
IM Training or a State apprsrtkesorp agency (whoa a)hpoprjhf) to be
eggibie far Probationary emoorrert as an apprentice.
(2) The allawabla few Of apprentices to journeyman-level
empleym on the Job site in any m5 Classification shall not he greater
then the ratio Pemhfted to the contractor as to the emir work force
under the registered Program. Any employee listed on a payrof at an
apprentice wage rate, who is not registered err, otherwise employed as
stated above, shad be paid riot less than the applicable wage rate fisted
in the wage determination for the uaaatfication of work sctualy per.
formed, In gdditon, any ePprertke performing work m the job ste In
excess of the redo penhsttad under the fegistered program Shelf be paid
not lees than the APPac"Wage rat on Ma wage determination for the
work actually Preformed. Where a contractor or fubeMtraetW is
PwfomUgeoneouelonan a Propel IN a locality Other than that in which
ins program Is registered, the ratios and wage rates (egmwwd In
p"0411119s1 of the joumayrmaMavel houry rate) specified in the
CMNEWes or sucorradds registered program shall be observed.
(3) Every apprentice must be paid at not "a than ins rate
spsOtudintihe rgistered program farthe sppreh5ua lavefef progress,
ekpreased as a PerceMege Of"lourreyman -level hwrtyrate Specified
in the applicable wage determination. Apprentices Shall be paid forge
01mal s In accordance with the pwWSI ins of the eppendcs hip
program. ll ma OPPMWiceahip Program don nd speci fy fringe bone tins.
apprentices must be Paid the full amount of fringe benefits listed on the
wage detwMrmdmfeeft mppbkaaecWSifiutim. Ifthe AdmiMathitor
for the Wags and Hour D)tslon determines, that a diffwe t practice
pra nias "he applicable apprentice cussficason, fringes shag be pad
in —=low" with that determination.
(4) In the weed the Bureau of Appr"C*ahlp and Training,
Or A 5411111 eanip agency Mco9ntced W the &eau. weMma
ppnPernM S to u0bretat aargim ft Was than the
ma ro lenpr a pmimad y amaze spprerrtloss at Was men the
aF I NO bb pnMaamined ray he the ecrriparame Werk performed by
rpuler "pb)eso helm awl soeepe*bla pa9rala la oppinwod.
b. Tn*ww
(1) Except a PMWed In 28 CFR 516, trawee wkl rid bib
PM EW to work at Yn than lha pntlaWmYrd nab for to work
pMfol a amlan trey we amptoyad pursuant to and awdually
fagMMedhaP MMa ichhnrocatwdpurroppmww,anwnudby
tPrtel celaTrcatan by tat DOL, EmpkynMM and Trowng Adhincia a-
Kom
(2) TM rata of tah"e to JaiaMymYi•IRwI amployna on
the)cb aft shelf not begnater Ifan pnnDed under the Plan approved
byew.EmpbylnaMand Tlit"AdmWetradoM Anyamployplbt.d
on IM Payaa M A trams rate who Is not registered and pMtldpNing in
atraldrgPyisppwedbythe Employment arid Training AdmMatrallm
SUN be paid rot less then the applicable wage rayon the wage debrml-
"Mari lartln C`aillceeori d worst adwity Pardorined. In addition, any
hskieN psdamkg work on sa(ob e8a h excess of tat orb pelmkty
Bared progrvin *hall be paid not ken then theappkcsble
wage detarminatloli for the work actually Perkerned,
(0) Every hVirm must be Paid at rot tan it= the rate
specified to tat approved Program for hlemer level of Progress,
armrn eadasaparoetdageofdte)oumayrner W,WhMRyrwtesPained
in the applicable wage d*hrmlnstbn. Trainees ahati be paid fringe
*Wb InMtordancewith the provisions oleo inches program. If fat
tatreproprem doss net rtlemWn rasps bsrtatks, tratnsea shell MpiO
tat frA ernerm cMnga banertls estae enmewwge deterrtiinallan wleaa
the AdminisOnlor of the Wage and Hot, DMeten delermin" mat mere
is an 2PPra11111CA" Poganr associated with the corresponding
)air wAsetiavar wage ale on the wage tlsternMletan Which Provides
for less than full Irk" benefits for apprentices, In which one such
bake" shag receive the same fringe benefga as apprenth".
(4) In the ewolme Erriployrssm and Training Administration
withdrawal approval of a training program. fat contractor or subcontnic-
tawY nolOrWbe Permitted to uhtito trainee, at lest wn the "ca.
Me predafalinimd ale for the work Performed until an acceptabte
Pioprarn h approved.
C. Help"
Halpa will be pemhkted to wilt on a prgec If the tngxr
gon�glerdlerr hspsamtlanddefiradontMappecabywagade(agnbe-
PPovad purswd to ms eonfomenar procedure sal tonM1 in
Sactlon IV.2 Atry waiter heed en a payroll at a hstper walla rid, who
M not a katper undo s approved dsfinmon, shag M pid not lea man
Ue appaable wags nee an 1st wage datermhstton to lid eh W 8ee8on
at work taM%y p*rfonny.
S. *Ommkes and Tratlaaee (Programs of the V.B. DOTJ:
Appamic" and trah"a wakkg undw apprentices.hip and Aida
M ft 0ro916me which hWa been cletmy by the Secretary d
TanpMbBon a pamotlng EEO in COMectIM with FyoralaW
hipdRMy caretruetion program* are not subliectto tiH requkemMes of
paragraph 4 of this Section IV, The straight time hourly wage rates for
sppnrta"andtraihitesVnWl aueh PugrwnWillbeestablished by the
padiouiar programme. The ratio of appnnecn aid taint es to journey.
man stall wet be greater then panrk8ad by the farms of he peMeular
Pldgam
Agenda Item No. 16E10
Page 10 of 15
0. Withholding:
The SHA shop upon Its own action aupm vnfaan mquast of an
sughorkzWmPhlael five of from contractor er subeonwmta undr this come eontIW or withhold ctw
Fedamleontrsdwkhtharimeprimecontreator ,aarryomaFeds Ry.
aaswted Coni by the a to porne csesn PavMe much o theA menb
which h hattl by 1st same Pans condradof, a thatch of the accrued
paynwms ararhMio M, n mid be eawgsrsd necusery to PAY inbor as
and mscherdcs, inakrding apprentices. trawn, and helpers, arnploysd
trymm contractor or any auboadractormefull amoatdwages required
by he contract In the avant of failure to Pay any laborer or mechanc.
induding anyapprerdlce, trthee, or Belpre, employed or ww" on the
eke of tat work, sit a Part of the wag" required by th* contraot, the
SHA contracting officer miry, after written rdida to the contractor, take
such adlon @a maybe necssnrytocaun IMauspnaionolarty Iurther
payment, sdmw, or guarani" of funds until such Violations have
ceaay.
7. OveMme Requlra ne ts;
No Contactor or subcontmLlm contracting for my part or the
codrac work wNch may require a IWdw the amploymM* of inboma,
mechanic A. wetchrnon, a putrid (Including aPPramicp, toneee, and
helpers deserbed in pw agnphs 4 and 5 above) shall require or penis
any laborer, mwaMnk:, wa0yiman, or guard in any workweek M which
h &W*ls empoyed on Rion work. to work M *acess 0(40houra in such
wcaeMstr unless ouch laborer, mechanic, watchman, or guar0 twelvae
compensation at a ate not lea than ona -snd -one ha f titres Nether
bask: rate of PRY For All hours worked in erce" of 40 hours in such
Workweek.
8. Violation:
Liability for Unpq Wages; Liquidated Damages: In the event of
anyhdeson oft* clause at forth in paragraph 7 some, the cordrada
end any subProactm responsible thereof shelf be liable Is the affected
"VICYN for hisnwr unpaid napes, h eddkan, such Contractor and
submnlracta ahes be liable to the Unity States pn the dale at weir
dons under CoM#Ct for the District of COlUMNA or A 1e174ory, to woh
District or to such territory) rib liquidated dsmog". Such liquidated
daring" shag be computed with ratio4s to each individual lathwrer,
mechanic, watch nan, or guard employed h Y10WIon of Ina claws sal
forth In peragaph 7, In the sum of 910 fa each catandar day an which
such employes was required or pemihed to work In "mesa of the
Mandardwafkweek a 40 Mua without payment of lheovenme wages
required by the caress set forth In Paragraph 7.
9, Withholding for Unpaid Wages and Liquidated Damages:
The SHA shag upon its awn Notion a upon written request of any
eusor(nd hiPh eentahre of the 00L wkhhoK or cause to be Withheld,
from anymartn Payable on aCCaunt of Workpdortned byths contras-
for a subcontractor IBM* any such Contact or any other Federal
00 asACt*09"Sama Mme contada, of any Other Federalyessisted
contract subject to the Contras Work Hours and Safety Standards Ac,
which Is held by the arms Prime contractor, such stun n may be
"WM'Aed to be necessary to satisfy AM' nbe4ln of awn Contractor
of subcontractor tcrunpaid wag" and equidsted damages as prwWed
h the Claws set forth in pa(paph 8 stow.
V. STATEMENTS AND PAYROLLS
(APeeable a all Fatlff"id construction Contracts wceadfng S2, 0M
end to leg staled aubcardrscta, e)CePt W Projects located on roadways
694401iad "local roads or n,sl eoileetoa, which am amnipl.)
Ppee
i. Comps -re wigs Copes■nd RagWatsns (tai CFR 3):
The contractor Shall Uompry with the Capstend Regulations of the
SSaraoryof Labor which are Iwa%J awMralad by nderwas
2. Payross Oast PayraU Racpda:
tined WtieoastrsekfandadialrbardNOkr tlware SAID b! meet
ware rid Pralwreed far e dam or unaofth"
Ped"d s3 year, tram ep dwis of , boo a on
of the oorbad far N laborers, mechaNa, aPPnntices, trakmeea,
watchmen, t epee, and guards wmkrg at de ga of she work
b. The l aKaO records shall contain the name, so iso security
number, and address of each Such smpfa na; his ar her correct
alwaiM1eMbnl hourly rates of congas Pad "using rates of ad irhiu•
tore w CMSWEaipeted for basis Ode hinge benittbarasn agisveleM
Act); VWwf the Bad " described! In Sedlim 1(b)(2)(B) of time Davis B■ccn
ley number of hours Wonted; deductions made, and
actual ways Pas. to 462111M. (w AppaYdfen contswN, the payroll
records Shall oonla'si a natation Indicating wtwUw the employee does,
a does not, Pwm* (nose In the labor are s defined In Attachment
A, paragnpMr 1. Where the Seorelry of labw, pum gMto Sactsn
IV, Paragraph 3b, has (oars that the wage of any labial, ar mechanic
include its amount of any costs MOWN ly rSdpatad in PrrMdnp
benefits safe a plan urprOWSwn denorba f in Saari 1(b)(2)(S) of the
Davis Bann Ad, the contractor and each suhmntradw shad maintain
records which show its( the cornnebnrs to prays" such barriers I,
wfOrmable, that the planarpro7w is hnenc gynsp=WbM, mat the
Wan Of WOUMS, Ise here commrmkaisd in Wrtkg to the lesions, of
nwchili affected, end show the cogs anticipated or da actual does
Ise
aprw fan e orIr raswAs moor Cantraomra arsubcornractain employing
approved programs wheA maintain wddrm
evidence or the registration of apprentices and tralres, and Adios and
vvege Was prescribed in the applicable programs.
o. EachcmtmoWnndsuba bwturehopfMsh,schweakin
which Sly comnct work is Performed, to the SHA resident engineer a
Ph"e of Willa pas ewe of its empfayees (Incltdkg Sppranfim,'
trews, Ind helpers, described in Section IV, paragraphs 4 and S, and
watchman rd starch MgIVA on work during the preceding Wwkly
Payroll Period)• The payroll submitted shat sat out eecuMt* anti
completely d of the rfomstion raauk"d to to maintained under
Pe Mil h 2b of this Section V. Thts Information may be Submitted In
any hum dieted. OPtlonat Form WH-347 a avanebs fat this pwpae
and may be pachawd if= the Smrk4eybeMof Documents (Fades
stock number 029405-0014 -1), U.S. Omens MI pnmeV omce,
Washington. D.C. 20402, The price conlradnr b Mponrble for the
subm"an d copies of pryrdls by an rmaMrwciam
d- EmhpgmgsubnhadshadbeaccomPenledbya 'Statrhent
Of Canptiane , spored by the contractor or sub=rMvcW w hlWw
spent cone Pty ar superNws the Payment of ds persons employed
under ON contract and shat caddy de fosmi
(1) that the mil it
Pay far s Payroll Period can Ins, the
Information mqulsd to b" metMaked undctpereproph 2b dlNa Section
V and that such Intort da, is coned and eompkt.
(2) Mtll Such taborer ar mechanto Una idng each helps,
apprertion, and hakes) employed on the canhact during the Peyra
Peocdhes been paid the fuelynsekywi gSS"amed.wldeut rebate either
dk"C0y w kdrsay from the full deductions ace have been mars alhar
deduWons as sal forth r the Repwuladoas, earned, pennlsSihk
Aye a
Agenda Item No, 16E10
Page 11 of 15
the s Iloab4� each uherar W msahsn is has been Pak not less that
PP wApe rate and fringe benefits of oath equivalent far she
classification Of Wowed performed, At gisoihed in ita■splabe wags
dMamWeben hempeated lads the Contract.
e. ThOw"*suWfttion Ufa Pr"pemysaecutedamncrsn get
forth on ins ravara'M side of OPtksW Farm WH 347 was satisfy the
requeement for wanieNon of the 'Shleri t Of Compllana' required
by Paragraph 2d of INS Section V.
f The hislOewtian of any of the above cartifications may subject
the cosraclar kctud or ormind pray Ltiew andw 1 B U.S.C. 100, and
31 U.S.C, 231.
g. The contractor w subcontractor shall make the records
squired most Prspraph 2b of this Section V syallable far inspection,
copying, or twmc4Mm by authuced mW*SW IVM of the SHA, the
FHWA, or the DOL, and shall P67M ouch representatives to interview
emPlcye" ove" waning hags on the job. If pro corarador or
subcontractor hits to submit the requisd Monte ar to main then
aysieble, the SHA. this FHWA, the DOL ar ahnay, affw vwitian notice
to the contractor, aPenaor. SppAcrd, or ovi take such actions as
may be nemeary to cute the Suspension of arty, rurttw payrmmers,
advance, or gumntw of funds. Furthermore, (agar, to submit the
requirraci records upon squat of to make such m iads aWtabie may
be grounds for debarment soon Pursuant to 29 CFR S.12.
Vt. RECORD OF MATERIALS, SUPPLIES, AM LAMM
1. On III Fedrs"id contracts on the National Higmvay System.
MW those which provide so" for Via rsutletian of ptdectiye
devices at ralkaed grade «ear those which ors constructed on s
farceaetxxnntortllred later bests. NgneaybesuNSAtforiaasti■cis, end
wrtlrActs for which the tow Aral construction Cost for Medway and
bridge h kea men 31,000,DDD (23 CFR Mate cost cs, abed.
a. Become fartdfw with ne net of specific materials and
tupplk6 tenured in Form FHWA -47, 'Statement of Materials and
Labor Used by Contractor of Highway Coratnwtion Involves Federal
Funds,' prior Io the Commencement of Work under this contract.
h. Maintain a record armatotaf cost of as materials an(fSupplles
Iwrctased far and Incorporated in the Worn, and also of the quantities
M thaw specific Maleness and Supplies rated on Farm FHWA -47, and
In the units ehovm an Form FHWA.R7.
e, Furnish, upon tie completion of the contract, to the SHA
resided sngneer w Form FHWAJ7 topatherwahthe data required in
POASI ib rOWWfo materiais and Supplies, a fnal labor summary
Of sA Contract work Indleetlng ate total noun vvonked and the total
amount earned.
2 At the prime conbaCtoes option, as a mingle report CWMd g A
m,t- wrwork in separate ra a for ma contractor and for each
VIL SUBLIMMO OR ASSIGMNG THE CONTRACT
1 The connector shah perform with He own orgenimlon conlrad
Work a110,01 gsrid IS" than 30 Percent (or a greater P"Dwe'"a
spedneal elem ers in the contract) of tat tOW orlpinal contract price,
excluding any specialyfams desipand by the State. Spec"Rams
maybe performed by subcotdrM end IM amount ofany such specisdy
darns performed may be deducted from the tots original contract prim
before Computing the amount of work required to be Pedormod by the
an nhactofa ban ofgerdMtcn (23 CFR WS).
t. '9te own orprt(LOon" shall to eomtrued to Include Only
workers amployd and freed do" by no prime Conaraela and
eglJpreerd sated or ranged by the prone contractor. Won a without
oparatera Such Mm does net dldreta amployen a egUWMW t of a
subomtraelor, MWDn , w agant of the pdnle contractor.
h. "SpedatylMn "anWbe aausudaoe9rMedawakthri
requires htpMy ape Mikes WroWNdge, ahttles, at equipment not
adnaflyawk" nthe "oaf eamreedeg allocations s quatild ad
el�edied to bid on to oonlnct its a whole and in ganerat Ira to be
nndld to tednar components orgy ove n i contract.
2. The cov red amount upon +Min the requlreresna set forth in
paragraph 1 of Section VII is computed of mail Ind
nmwlfachmd products which we to be purchased or produced by the
contractor udar the contract prwteVoro.
3. The contractor shall furnish (a) a ccmiadv nt superintsndeni er
supwrwtecr wdna a employed by the firm, hu full authority to drsd
pWftM a oftM work in srcortLncs with ducontract requirements,
*rid h In charge of as conatructim operation (rsgardlees of who
paderms the work) and (b) such other of to oWrn orgarhaatmmui
rasa mm (srglrrvlelon, rneregensat, and engineering services) a to
BHA earuserng officer detemttus is necessary to sutra the perfor-
mance d tie cwmwt.
4. No portion of the contract shat be sublet, assigned or Otherwise
disposed of erxrept vAth IM within comment of the SHA cord, sift
of6oer, aardrndt id raprawaaVn, and such comment WhengMn bas
not be continued to rabw IM 00111trsofa of WY POSPoroOatY Its the
hekantont of no contract. Within consent will be given only after the
BHA haeessurd that each subcontract Is eNdeneed in writing and that
it contain all pdkunt grwislona and mcluhamants of the prime
wMsd
VSI. SAFETY: ACCIDENT PREVENTION
1. tnfMpwformsneaotmiscmtradtheco admshelicomp)ywth
agpppubla F.d.rat,saa,md1aa11sws9ovambp ura(y, Meoh, W
notation (23 CFR 635). The contractor shall prrn'de all safeguards,
wifely dsdcsa and Protective equipment and take arty Oliva headed
anion a it datermlrua, or as the SHA contracting officer may
detwo 6 , to be reasonably necessary to protect the Ile and heath of
ernpbywaon the job and the nfaty of the public eel to Protect picpory
in cawwdim with the performance of the wbrkcovered by the contract.
2. It Is s coMMlm of this contract, and that be nude a condition of
made subcontract, which the contractor entire Into pursuant to Inis
corm fill tlecorarecicr and cry subcontractor shat[ not permit any
whit rem, in performance at the contract to work In surroundings or
under weldtbnt which are unseretary, hamrd*n or dangerous to
Nsrhar harsh or sa fey, as determind under ocr a rucmn safety and
heathatndod (29CFR1926)pmrnWgsadbytha SewusryorLebar,
In mocardance with Section 101 oftM Contract Wort Hours and safety
Studade Ad (40 U.S.C. 333).
3 )MLWt to 29 CFR 1526.3, It Its a condone of this canhal that
the Secretary of labor a sNMdood representative thereof, shat have
Wild w tDayusofcanoed performance to inspector brvntigata
the mater of ccmprunce Mat the construction safety and Math
standards and to catty bud the dkles often Sersalery under Sacdon 107
of IheCOtasct Wort Howa and Softly Standards Act (40 U.S.C. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
In Older to mature high quality and durable construction In conformity
wah pprowd plan and speGSrallms and a high degree of reliability an
sbbnnwds and ropresenbMons merle by
Agenda Item No. 16E10
Page 12 of 15
engineers, Commdore, Suppliers, and Milton; on Federal-aid highway
projects, 8 is eassid l mat all Porsche concerned wan the Protect
psrbmt In* functions as carefully, thoroughly. sot honesty as
possible. WWW falsification, diatomon, or milrepfeaantdm with
respod to any facts related to the projed is a violation of Federal law.
To prormt any mistrnden den01ng regarding the seriousness of dose
and smesrads, thefolowfng notice neap be pwW on arch Federal -aid
highway project (23 CFR 835) in one or more places when t is really
switeMa to all parems concerned with the profact:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL.AIO
HIGHWAY PROJECTS
18 U.S.C. 1020 rude n follows:
'Whwrmr, baurgen oklea4 roam, are"yaa of/he linked Stares,
orof my State a ramId'y, awhoewf, whether a parson, association,
krm, or corporation, knowngy makes any fWe swimsmt arse
reprrgnlsaon, a arse roponas to fed character, gummy, quendfy, w
coat ofdra matenN used a a be used, or the quantity Or qualify offhe
wont paribmeed or te be Performed, or the cost Merecfn contraction
with rho submission otplmi. maps, speomoaa'ons, contracts orccsla
afconsliuctgn an anyhMhwayornitatedpro /edsuDmMredarappreval
(a Me Seuarary, of Transportedon; or
1Nhoaverknow/npymekes anytelso stem enr lNasreptesmunon,
wins mpwt a alma damn wkh respect to the chewier. gummy,
qumniky, orcosfof my work performed ore bepedonnod. crmatedals
funifshod ore be krmahed. in connacaon win the crosfrucdon ofsny
highwayorraraadpm/ect approved by the socreteryarrmnsponafon,
or
HMaawar knowingy mamas any foist steamant or false repre-
ssma ion as to "to" NO n any sraterMm. G ,wcate, or npod
subndded pursuant to prolavlons of the Fodora41h1 Roads Act
eppmvedJuy 1, 1918, {30 Slat. 355), asamanddandsoppdemonred
Shalom kited nol mom that 510,000 a imprisoned not more than 5
years or both.'
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
(Applicable to at Fdwal•aid construction contracts and to all related
subcontracts of $100,000 or mom)
By wbmiulon of Ihi s bud w the asacuton of this contract or subcon-
trod, as appropriate, the bidder, Federal -old construction =trades. or
subcontractor, as appropriate, wM be cleansed to have sdpulted as
fonmws:
I. That any facallythat is or wall be uiinsed In the pdormonce of that
contract, unNaa such contract Is srempt under the Clean Air Act, n
ammo dod (42 U.S C. 1957 at M., tee amended ray Pub.L. 91 -804). and
under to Federal WetarPotlutim Control Act, as amended (33 U.S.C.
1251 It sly., to amended by Pub.L. 92500), Executive Order 11736.
and Quiellons n implementation thereof (40 CFR 15) is not bud, on
the del* of contract award, on the U.S, Entrlmnmentat Protection
Agency (EPA) Ust of Violating Facilities pursuest to 40 CFR 15.20.
2. That the firm 191masto compyand remain in compliance wah all the
requirement& of Section 114 of the Clean Air Act and Section 308 of the
Federal Water Pollution Control Ad and H mgludcns and guidelines
listed thereunder.
3. Thal the atb that Promptly notify the SHA of the receipt of any
communicts" from the Director, Office of Federal Aotlwttss, EPA,
indicating tut a acltylhat Is or win be tAttred for the contract te under
consideration to be Rated on the EPA List of Vtslatng Facilities.
Prater
a. That the lam agrees to include err muse to be imwkded the re*"
meats of PINVayh t through 4 of rile Secdc n x In every nenexanpt
sfdioonaact, and further apwa to Mks such action a the gouemmant
may direct as a mama of,nforclrg such nWtremSnts.
XI- CERT6iCATMN R.eOMtO1110 DERARMENT, SUSPENSION,
UNUGAN.tTY AND VOLUNTARY EXCLUSION
I- Ina[111000 S (err CdfWk m - Rratery Coveted Tranaed-
Bons:
(Applicable to al Federal -aid Contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
Primary prumdpam Is providing the ointlOnboh set out below.
b. The sWrgsy or a person to provide the csrffl,,ss,, sir out
below will not racessady result In dmktof porbiapertion In this covered
transaction. The prospective participate "I submit an expWn dw of
why it Camet provide Se mMlicsion■et out below. The mrtlBCalena
explanation WE be considered In eamarelan with the delemreds w
age icya determination whether to ~ Ind ions transaction. However,
fat" of the prospective pmlery pal to laresh ■ canirloatlan a
an eOlanatlarn shoe dkqualiy such a parsrn from participation N this
.transaction.
c- The certification in this clam Is • Ifatsdel representation of
fact upon which raYmce wes placed when the department a apathy
ddwwdnedlomtrtdothleVamaWon. I(kle latertlNrminadthis the
prospected Pttrnay participant kmMngly rendered an maeaua
carhTimtion, n addition to other remedies milable, to the Federal
Govrmrore, the deperan nt a agency may terminals this ft"Mchun
for cause of default.
d. The prmpsoim Primary PamCIP int shag provide Immediate
careen notice la ere department a agency to whom this proposal Is
submitted if try time the Pmspecthe, Primary participant lesms mat its
csrtlf oticn was smoneaa when submitted or has becrse moreaa
by reason of canoed cxcumstances.
I . The ermns 'ewered transaction,' "debartod,"suspended.-
'Irallplbk: 'lower err covered tmnga&kx %" "prbdprt,, 'person;
,•Printery Cuveved menesCbM-- Mxjpal:' "proposal; and "velumarlly
mcatded; at used N this clause, have, the mosum nps set but in the
Dena tiona and Covaregs sectrona of ryes Implemor&V EeeOh"
Ord& 12549. You may contact the depsnmmt a agencyto which INS
proposed In Submitted for waedstsnm In obtaining a copy of dross
regulations.
f. The PMPeCV- Primary Participant spree by submitting this
proposal that should the proposed covered harasction be entered Into.
it step not knawbgy ardor Into my lower tier covered transaction with
a Person who is debemed, suspended, daclerad ineltpble, a wlvMmly
excluded from participation in this covered transaction. unless Who•
rtned by the depamnent err agency entering Into the transaction.
9. The ProspecNe primary participant further agrees by
aubM" this Praposatthat It will alcudethe clause Wkd'GerBfimtion
Regarding Osbahnrt, Suapralon, Ineggtotlityand Voluntary Emiusbn-
Lower Ter CovredTrmudbn," provided by the department m V"cy
entefag Imo tltia Covered transaction, Without mallfloAten, In Of lower
tier Covered tranaaCtions and In sit sogctatena for lower tier covered
transaction,,
h. A Parf iliGmt In a Coveted transaction hey rely upon a
COMBCadon o(a prospective pamiapmt Ins burr Ibrcovred lrmaaa
tion thrt s not deba, ou*Wdod, kWobio, a vcdw ri y ucluded
I'm the covered trmsed5on, unlese k knave that the osmlicatlon is
emoneaa. A participant may decide its nWhed and
Nor 5
Agenda Item No. 16E10
Page 13 of 15
frequency by which k CMWMM s the efgibltiy of its prneipala, Each
Pameipant may, but is not required lo, check she nonprdduamsm
Paden Of the "Lists of Patsies EnclWed Front Federal procurement or
Nonprocuxnnd Prognlma- (Nonproommerd List) which is compiled
by the General Selects Admink nstiom
1. Ncwv contained inme forepohg shag be congftwto reguifs
aedbisMNrt of S,yetsm Mrocada In mderto ro Ww in 9oodhkh the
mrtiBrnien required by INS clause. The eowiedpe and Information of
prII he In not required to srteed that which is namely pmatsead
by a Pmderd Person in the ordinary, cause of buslneaa dsellrgg,
). Exmpt fa mmssctiore auNw@sd under parogreph f el tlnsee
InedrWkxe, If a PSMICIPars In a Covered transaction Imgtllgly entps
into a Ionver Wr covered transaction W,h a person who is suspended,
dammed, ba111", a voluntsrgy excluded from p.Aldlpabon in this
Mineactlerl. In addition to other remades availsere to the Federal
Gavemment the department or agency may terminate this trareaction
tar cause a defaulL
Cardfkaam Regarding Debarmart, Suspmzim% Inet"Ity
and Voluntary Fieluam primary Covered Trmsocgms
1. The prospective primary participant certines to the xst of era
knpMedge and barrel, that k end Re principals:
a. Are not presently defined, suspended. proposed for
dabafinent, declared kaligible, or volumarty excluded from covered
trmsecteru by any Federal department or agency;
b. Have not within a ayaar period preceding Rite prcpoW been
CarrviCted of or had a dui ludoemem rendered against them for
cannassion of fraud of a aTrynal offense In connection with obleadng,
ahrnPUng to obtain, or performing a public (Federal, Sire err local)
tMUCWn V contract wilva Public transactlon; vlol►ti n nfFederal a
Sots MMUSt statutes or commission of smbeaternent, then, forgery,
bribery. Msilkaton or destruction of records, making fates statements,
or recrdvIng stolen property:
e. Are not pre.aMly, Indided for or otherwise edmaely or civi y
charged by a povemmemsl entmy (Pod". State or Icoeq with cOM"-
sion of any of the offenses enumerated In paragraph to otthle ceniBm-
tion; and
d Have not within a 3-yew period preceding MIS apphcs-
domproposed had one or mom public trairaactlost (Federal. Sire of
1=94Iertmnled for muse or default.
2 Where the Prospective primary, participant is unable to cadiy to
my or the statements In this "aldcatbn, such ptospeadve pmkipent
shag attach an explanaton to this proposal.
2. InsttuctlmsforC .rgikation- LowwTler Covered Transac-
time:
(APpgdebp to all subcontracts, purchase Orders air other tourer tier
transactions of 325,000 or more - 49 CFR 29)
a. By signing and submmtrq this propane. me prospective lower
tier is p ovdir the certifwalian sat out below,
It. The w1111kaom in two cause r a nWerel representation or
fact YponWhkh rsiarrce Wu peoodwhrn Into bwsctbn wee mired
ft. If ti Is leer determined tlen the praapaebve law tier participant
Idnwlrgy renamed en enansora ew*bMm, In addition to other
nreadss snllebls to the Federal) Comment, fie depwiri or
egrcy Win which this bwowbm ripkutW my purer SWIAW*
rernWSn, sosretrg alapansldn s olkw date,, Of. .
c. Thapmepacbn tWpWUdprt"prw4de Immediate
written notice to the person to which the proposal to submitted gat my
time to prospective fewer Her peRldpwat hems mat as certification "a
erroneous, by reason of charged drcumsencse.
d. The harms "COwtd trains o •'debrrod," "suspendM
`rwtig6e," "primary covered trrmseMn: "pertltgrot; "painter;
'prkrdpal,"•propWttl: ab'holudallyeaondq• as used In lhiaelsute,
ha the rwwbge sal out tithe Dandlfeha and Coverage sections at
rues hlpemrMng Exacuthe Order 12540. YOU mry coned the
Person to which this proposal Is submitted for assistance in obtaining a
copy of bow regulations.
n. The prwpadNe fewer liar parriison: agrees byaWmral ingthis
prapeW SaC sbeubbs propmed wyu henncibn be mitred into,
A alptl red knowingly {der Into any ewer tie covered tramseotian with
a parson who Is debarred, suspended, declared Ineligible, or vdurearty
a chided from prfklpstlon, In War rAwfed transaction. uNasa raho-
field for tlw department ragrnywMNhich Wstramsacbdt odpnated.
I. The prospective lower ter participant fuller agrees by
eubtntllkigtide lsoPosel mathwill intlrbe Ws dsuwpled "CaMficalion
RageMng De W nyaM Suopsrkn, ki ftIb Ry nab Vdu ntery Exdueion-
Levwr Tsar Covered Transaction," without modification, in all laver tier
Covered bameaWms and In fill solichationa for lower ter covered
tnvmmdims.
Q A participant In a eawred transaction may rely upon a
wMficalen era Phoolo Iva pertlClpaM In e Imw, ter cmered t ensec-
Son that Is rat debarred, suspended, Ineligible, r wlunfargy excluded
from the coverea transaction, unless It knows that the codification Is
ensneas. A participant may decide the method and frequency by
which tidetermiee the e0gbiby, of ha principals. Each participant may,
but to not ragtked to, clack the Nonprecuromwe List
h. Nothing conened In tie faregckig shall be emstro d to
nllulra establishment of a system of records in order to render in good
fatlh ft certification required by this clause. The leiowedge and
information of participant is not required to extend that which is normally
POSSaswd by a prudaN person in the ordinay course of business
dedirgs.
I. Except fr lranssetions authorized under parepnph • of these
Imtrudlru' If s penklpeM n a covered transaction knowingly arrive bl
if" a w ter covW W tnrmdbn with a pram who is susprided.
debarred. InaligMa, r vdunWily erteludb from participation in this
beneachm, In addition to other famades weiloble to fie Federal
Goa mment, the department r agency with which this irasactlon
mgnstedmryprws avaiebteremediss, Inducting suspension andlor
debarment.
i°
Agenda Item No. 16E10
Page 14 of 15
QertideaUM Regarding Debarment, Suspension, Inollgibnny
and Yolurdary Earduslon —Lower Tier Covered Transactions:
1. The preapedwt fewer tier participant c"es, by submission of
me proposal, the neither It nor as pale s pfeaenty debarred,
suyanded, INOPO W for (14bemsM, declared lne igtae, r wluntod y
secluded from participation In this transaction by any Federal depan-
Mont or parry.
2. Where the prospective lower tier participant is unable to cedlry to
my Of the slalemfnis In the Certification, such prospective paRldpanf
aha5 effech w explani b this Proposal.
01. CERTIFICATION REGARDING USE OF CONTRACT FOWS
FOR LOBBYING
(Appllubeto all Federal -old construction contracts ono to ah related
aWCOntrach Much eacmd 5100,000 -tip CFR 20)
1. The prwpecdve participant commas, by signing and subminng
this bid r proposal, to the bust of he or her knowledge and belief, thr:
a. No Federal appropriated funds have been paid or Will be paid,
by of on behalf of cis undersigned, to any person for nnueneng r
ebamptng to Influence, m officer or employee Many federal agency, a
Member of C Vmu. an Officer r ennpbyne Of Congreas, or an
employan of a Member of Congress In connection with the awarding of
any Federal contract. the maengof any Federal grata, Insmtfeng of any
Federal loan, the adenp into of my empatlrw agreement, and the
eamslon, continuation. We", emendmeM, or modification of any
Federal contract, grant, ban, or cooprat ye agreement.
b. If any fund rho man Federal appropnottd hind haw been
paid r will be pold to any person for Influencing or chemptag to
Inquence, an Officer or employee of Wry Federal agency, a Member or
CCngrns, an officer Of employee at Congress, or an employ" of a
Member of Congress in WCAC ion with this Federal contract, grant,
loan. or cooperabw agreement, the undersigned than complete and
submit Standard FrrmLLL, "Discoaurs Forth to Report Lobbying," in
accrdande with its In6hudlons.
2. This aMficakn is a material representation of fad upon which
reliance was placed when this transaction was made or entered into
Submission Of this certification Is a prengtne% for making or entering
into this transaction imposed by 31 U.S.C. 1352. Any person who rate
to 51a the required "itifi0ellon shall be subject to a dvh penalty of rot
rise than 510,000 and not more than 5100,000 for each such failure.
3 The Prospective participant also agrees by submitting his r her
bb r proposal that he or she shell require that the language of this
afiUCation be Included in a# lower ter subcontracts, which need
$100,000 and that al such recipients shall cedrfy and disclose aeOOrd-
i gy.
ear 9
ATTACHMENT A - EMPLOYMENT PREFERENCE FOR
APPALAMAN CONTRACTs
(APWAbts to APpaaehan contracts wry,)
I. Duftth@Prfwman ofthiscardmt ,kill tractwundsft*V
to do work which is, or Meaantably may be, rrw a W -sa work shal
give prNerence to quaN"patwaa vino N"ryy Make n as labor
Was atle11011tedby the DOLwtwrnthe cold,.. wtakla sbrated, or
the wbFV", or the Appolsciwn aounbes of the See wfmin the
Contract work to gauged, elmopt:
a. Taos rdert that gwpMd paraem nguWly Metw g in the
area are not awtlYble.
b. For the mean" needs d the convww to ampby
snpentaory Of specaNyegehemed prawxld mcensryto assure a
effiei nt esecWgn of the contract wag.
c, Fa Me obaggaw of the oatracta b offer ornplownem to
Present wfomw amptyses r the scup of a awful cogectbe bergNn-
ing contract, aovldedthd asnumbef of rwroeddent persons WrOcyad
under this aubperagraph to shall not exceed 2D Pasant of the WW
numhorof wWaybes rmloyed by the aw*adw on Os coNrat weak.
emept a Praised n •ubPregraPh a bebw.
z. The comet(or shalt pace a lab ordwwah the SWs Employnws
SrwosiMCaling(a) the caaadbatana of the aborts, nleC IMM M end
other empbyasa raquked to Prfomr sew rbnbactwunk, (b) the nrartber
of enpbyeas reclined In esoh CessiMalbn,
Pane to
Agenda Item No. 16E1O
(c)the data an whleh he aamatessuch errV1Oyasewsl be requkad,g d
(d) any other padktpnt Inhamabm M Wed by as State Emgeymart
Servbe to COmporA tad )Ob ORI f Isom. The job order may be Owed
wnh iha Sbte ErrpWim M S&N ca in wdbng or by leiaph". if ddor q
the courae of are oortract work, the hfomuaon evb A d by the
COMPO ter in IM arV W )ob order Is ,ba n1hdV nod it d he
Ammply notify the Slata Empbeent SeMe. , Nap
7. The cantradw dull gad fu0 eeneyer -bat to aR quNiped too
applicants ratenad to him by the State Emgopaett So*, The
caltraotatis mtragWMdtogamamplaymentto wylobapplicsnls who,
in his opater, M not gwfryad to perform the ce"gKraam of "rk
required.
e. If, within t "ek fosawing the Plaosig of a job order y the
cordractw with the State EmWlaynmt Service. the State Employment
Soma a urba to refer ay qusllned job applicants to the Caniractw,
wall than the mater reguwted, the State Employment Ser*A vap
Inward a ceraaosta to the contractor Indicating the unevalabimy, of
applicants. Such craatata shall be made a pan of the contractor%
Pertmllem waled rno 1d upon Mosipt of tats cedificate, the
contractor my an" persona wad do not noraWry, rack" n the later
are$ to fill POINIO a cavrsd by the crancete, M&Ahaandtq the
pucvalarre of subperagnph lc above.
S. The contractor ghs9 nGUda tad prww ate of Sections l uhroupi
a of this Attachment A In ovary subcontract for work whkh e, a
Maaonahry may be. done a on�ate work.
15 of 15