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City # 15-6830
<br />FED # HSIPL 5063(154)
<br />Local Assistance Procedures Manual Exhibit 12-G
<br />Required Federal -aid Contract Language
<br />FHWA-1273 -- Revised May 1, 2012
<br />REQUIRED CONTRACT PROVISIONS
<br />FEDERAL -AID CONSTRUCTION CONTRACTS
<br />I. General
<br />II. Nondiscrimination
<br />III. Nonsegregated Facilities
<br />IV. Davis -Bacon and Related Act Provisions
<br />V. Contract Work Hours and Safety Standards Act Provisions
<br />VI. Subletting or Assigning the Contract
<br />VII. Safety: Accident Prevention
<br />VIII. False Statements Concerning Highway Projects
<br />IX. Implementation of Clean Air Act and Federal Water Pollution
<br />Control Act
<br />X. Compliance with Governmentwide Suspension and Debarment
<br />Requirements
<br />XI. Certification Regarding Use of Contract Funds for Lobbying
<br />ATTACHMENTS
<br />A. Employment and Materials Preference for Appalachian Development
<br />Highway System or Appalachian Local Access Road Contracts (included
<br />in Appalachian contracts only)
<br />I. GENERAL
<br />1. Form FHWA-1273 must be physically incorporated in each
<br />construction contract funded under Title 23 (excluding emergency
<br />contracts solely intended for debris removal). The contractor (or
<br />subcontractor) must insert this form in each subcontract and further
<br />require its inclusion in all lower tier subcontracts (excluding purchase
<br />orders, rental agreements and other agreements for supplies or
<br />services).
<br />The applicable requirements of Form FHWA-1273 are incorporated by
<br />reference for work done under any purchase order, rental agreement or
<br />agreement for other services, The prime contractor shall be responsible
<br />for compliance by any subcontractor, lower -tier subcontractor or service
<br />provider.
<br />Form FHWA-1273 must be included in all Federal -aid design -build
<br />contracts, in all subcontracts and In lower tier subcontracts (excluding
<br />subcontracts for design services, purchase orders, rental agreements
<br />and other agreements for supplies or services). The design -builder shall
<br />be responsible for compliance by any subcontractor, lower -tier
<br />subcontractor or service provider.
<br />Contracting agencies may reference Form FHWA-1273 in bid proposal
<br />or request for proposal documents, however, the Form FHWA-1273 must
<br />be physically incorporated (not referenced) in all contracts, subcontracts
<br />and lower -tier subcontracts (excluding purchase orders, rental
<br />agreements and other agreements for supplies or services related to a
<br />construction contract).
<br />2. Subject to the applicability criteria noted in the following sections,
<br />these contract provisions shall apply to all work performed on the
<br />contract by the contractor's own organization and with the assistance of
<br />workers under the contractor's immediate superintendence and to all
<br />work performed on the contract by piecework, station work, or by
<br />subcontract.
<br />3. A breach of any of the stipulations contained in these Required
<br />Contract Provisions may be sufficient grounds for withholding of progress
<br />payments, withholding of final payment, termination of the contract,
<br />suspension I debarment or any other action determined to be appropriate
<br />by the contracting agency and FHWA.
<br />4. Selection of Labor: During the performance of this contract, the
<br />contractor shall not use convict labor for any purpose within the limits of
<br />a construction project on a Federal -aid highway unless it is labor
<br />performed by convicts who are on parole, supervised release, or
<br />probation, The term Federal -aid highway does not include roadways
<br />functionally classified as local roads or rural minor collectors.
<br />DLA -OB 13-06
<br />II. NONDISCRIMINATION
<br />The provisions of this section related to 23 CFR Part 230 are applicable
<br />to all Federal -aid construction contracts and to all related construction
<br />subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are
<br />not applicable to material supply, engineering, or architectural service
<br />contracts.
<br />In addition, the contractor and all subcontractors must comply with the
<br />following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-
<br />1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as
<br />amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as
<br />amended, and related regulations including 49 CFR Parts 21, 26 and 27;
<br />and 23 CFR Parts 200, 230, and 633.
<br />The contractor and all subcontractors must comply with: the
<br />requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and,
<br />for all construction contracts exceeding $10,000, the Standard Federal
<br />Equal Employment Opportunity Construction Contract Specifications in
<br />41 CFR 60-4.3.
<br />Note: The U.S. Department of Labor has exclusive authority to determine
<br />compliance with Executive Order 11246 and the policies of the Secretary
<br />of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting
<br />agency and the FHWA have the authority and the responsibility to
<br />ensure compliance with Title 23 USC Section 140, the Rehabilitation Act
<br />of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of
<br />1964, as amended, and related regulations including 49 CFR Parts 21,
<br />26 and 27; and 23 CFR Parts 200, 230, and 633.
<br />The following provision is adopted from 23 CFR 230, Appendix A, with
<br />appropriate revisions to conform to the U.S. Department of Labor (US
<br />DOL) and FHWA requirements.
<br />1. Equal Employment Opportunity: Equal employment opportunity
<br />(EEO) requirements not to discriminate and to take affirmative action to
<br />assure equal opportunity as set forth under laws, executive orders, rules,
<br />regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60
<br />and 49 CFR 27) and orders of the Secretary of Labor as modified by the
<br />provisions prescribed herein, and imposed pursuant to 23 U, S.C. 140
<br />shall constitute the EEO and specific affirmative action standards for the
<br />contractor's project activities under this contract, The provisions of the
<br />Americans with Disabilities Act of 1990 (42 U.S.C. 12101 at seq.) set
<br />forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference
<br />In this contract. In the execution of this contract, the contractor agrees to
<br />comply with the following minimum specific requirement activities of
<br />EEO:
<br />a. The contractor will work with the contracting agency and the Federal
<br />Government to ensure that it has made every goad faith effort to provide
<br />equal opportunity with respect to all of its terms and conditions of
<br />employment and in their review of activities under the contract.
<br />b. The contractor will accept as its operating policy the following
<br />statement:
<br />"It Is the policy of this Company to assure that applicants are
<br />employed, and that employees are treated during employment, without
<br />regard to their race, religion, sex, color, national origin, age or
<br />disability. Such action shall include: employment, upgrading,
<br />demotion, or transfer; recruitment or recruitment advertising; layoff or
<br />termination; rates of pay or other forms of compensation; and selection
<br />for training, including apprenticeship, pre -apprenticeship, and/or on-
<br />the-job training."
<br />2. EEO Officer: The contractor will designate and make known to the
<br />contracting officers an EEO Officer who will have the responsibility for
<br />and must be capable of effectively administering and promoting an
<br />active EEO program and who must be assigned adequate authority and
<br />responsibility to do so
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<br />August 12, 2013
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