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DocuSign Envelope ID: 27562A39-5489-4980-BOFD-AE1DCBC76974 <br />REQUIRED CONTRACT PROVISIONS <br />FEDERAL -AID CONSTRUCTION CONTRACTS <br />I. General <br />II. Nondisabninallon <br />III. Nonsegregated Facilities <br />IV. Davis -Bacon and Related Act Provisions <br />V. Contract Work Haws end Safety Standards Act <br />Provisions <br />VI. Subletting orAsslgning the Contract <br />VII. Safety: Accident Prevention <br />Vill. False Statements Concerning Highway Projects <br />IX. Implementation of Clean Air Act and Federal Water <br />Pollution Canbol Act <br />X. Compliance with Govemmenhvide Suspension and <br />Debarment Requirements <br />Xi. Certification Regarding Use of Contract Funds for <br />Lobbying <br />ATTACHMENTS <br />A. Employment and Materiels Preference for Appalachian <br />Development Highway System or Appalachian Local Access <br />Road Contracts (included in Appalachian contracts only) <br />L GENERAL <br />1. Form FMNA-1273 must be physWily incorporated in each <br />construction contract funded under We 23 (excluding <br />emergency contracts coley intended for debris removal). The <br />contractor (or subcontractor) must insert this form in each <br />subcontract and father require its Inclusion In all lower tier <br />subcontracts (excluding purchase orders, rental agreements <br />and other agreements for supplies or asmices). <br />The gooeblo requirements of Form FHWA-1273 are <br />incorporated by reference for work done under any purchase <br />order, rental agreement or agreement for other services. The <br />prime contractor shad be responsible for compliance by any <br />subcontractor, lower -tier subcontractor or service provider. <br />Form FM X1273 must be included In all Federal -aid design - <br />build contracts, in all subcontracts and in lower Her <br />subcontracts (excluding subcontracts for design seMces, <br />purchase orders, rental agreements and other agreements for <br />supplies or services). The design -builder shall be responsible <br />for compliance by any subcontractor, lower -gar subcontractor <br />or service provider. <br />Contracting agencies may reference Form FMA -1273 In bid <br />Proposal or request for proposal documents, trowever, the <br />Form FHWA 1273 must be physically incorporated (not <br />referenced) In all Contracts. subcontracts and lower -der <br />subcontracts (excluding purchase orders. rental agreements <br />and other agreements for supplies or seivloes related to a <br />construction contract). L. <br />2. Subject to the applicability criteria noted Irt the following . <br />sections, Brest contract provisions shelf appy to all work <br />performed on the contract by the contractors own orgsntwdon <br />and with the assistance of worlaers under the contractors <br />Immediate superintendence and to all work performed on the <br />contact by piecework, station work; orby suboonbacL. <br />FHM X1273 — Revised May 1, 2012 <br />3. A breach of any or the stipulations contained in Brew <br />Required Contract Provisions may be sufficient grounds for <br />withholding of progress payments, withholding of final <br />payment, termination of the contract, suspension f debarment <br />or any other action datemuned to be appropriate by the <br />contacting agency and FWA. <br />4. Selection of Labor: During the performance of Oft contract, <br />The contractor shall not use convict labor for any purpose <br />within the limits of a construction project on a Feder�adaid <br />highway unless it is labor performed by convicts who are on <br />parole, supervised release, or probation. The term Federal -aid <br />highway does not include roadways functionally classified as <br />local roads or Waal minor collectors. <br />h. NONDISCRIMINATION <br />The provisions of etre section related to 23 CFR Part 230 are <br />applicable to all Federal -aid construction contracts and to all <br />Mated construction subcontracts of $10,000 or more. The <br />provisions of 23 CFR Pad 230 are not appdcable to material <br />supply. engineering, or arohRecturel service contracts. <br />In addition, the contractor and all subcontractors must comply <br />with the following policies: Executive Order 11246.41 CFR 60, <br />29 CFR 1625-1627, Title 23 USC Section 140, Bre <br />Rehabilitation Act of 1973, as amended (29 USC 794), Tide VI <br />of rine Civil Rights Act of 1964, as amended, and related <br />regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR <br />Parts 200, 230, and 633. <br />The contractor and all subcontractors must comply with: an <br />requirements of the Equal Opportunity Clause In 41 CFR 60- <br />1.4(b) and, for all construction contracts exceeding $10.000, <br />the Standard Federal Equal Employment Opportunity <br />Construcgon Contract Specifications in 41 CFR 60.4.3. <br />Note: The U.S. Department of Labor has exclusive authority to <br />determine compliance with Executive Order 11246 and the <br />policies of the Secretary of Labor including 41 CFR 60, and 29 <br />CFR 16251627. The contracting agency and the FMNA have <br />the authority and the responsibility to ensure compliance with <br />TWO 23 USC Section 140, the Rehabilitation Act of 1973, as <br />amended (29 USC 794), and Title VI of the Civil Rights Act of <br />1984, as amended, and related regulations includirng 49 CFR <br />Parts 21, 26 and 27. and 23 CFR Parts 200, 230, and 633. <br />The fodowing provision is adopted from 23 CFR 230, Appendix <br />A. with appropriate revisions to conform to the U.S. <br />Department of labor (US DOL) and FMA requirements. <br />1. Equal Employment OpportunNy: Equal employment <br />opportunity (EEO) requirements not to diecrhntnate and to take <br />affirmative action to assure equal opportunity as sat forth <br />WAW taws, executive orders, rules, regulations (28 CFR 35. <br />29 CFR 1630,29 CFR 16215-1627.41 CFR 60 and 49 CFR 27) <br />and orders of the Secretary of Labor as modified by the <br />provisions prescribed herein, and imposed pursuant to 23 <br />U.S.C.140 shall constitute the EEO and specific afflrmative <br />action standards for the oonta"s project adivldes under <br />P52 <br />