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Exhibit E <br /> REQUIRED CONTRACT PROVISIONS <br /> FEDERAL-AID CONSTRUCTION CONTRACTS <br /> FHWA-1273 -- Revised May 1, 2012 <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 Control Act <br /> X. Compliance with Governmentwide Suspension and Debarment Requirements <br /> XI. Certification Regarding Use of Contract Funds for Lobbying <br /> ATTACHMENTS <br /> A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access <br /> Road Contracts (included in Appalachian contracts only) <br /> • <br /> I. GENERAL <br /> 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding <br /> emergency contracts solely intended for debris removal). The contractor(or subcontractor) must insert this form in each <br /> subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements <br /> and other agreements for supplies or services). <br /> The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, <br /> rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any <br /> subcontractor, lower-tier subcontractor or service provider. <br /> Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier <br /> subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for <br /> supplies or services). The design-builder shall 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 or request for proposal documents, however, the <br /> Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier <br /> subcontracts (excluding purchase orders, rental 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, these contract provisions shall apply to all work <br /> performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's <br /> immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. <br /> 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for <br /> withholding of progress payments, withholding of final payment, termination of the contract, suspension /debarment or <br /> any other action determined to be appropriate by the contracting agency and FHWA. <br /> 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose <br /> within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on <br /> parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified <br /> as local roads or rural minor collectors. <br /> 13 <br />