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<br /> Disaster Debris Clearance and Removal Services
<br />Bid: 5266, Orange County, North Carolina
<br />July 29, 2019 Page 64
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<br />used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,
<br />a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal
<br />contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must disclose any lobby with non-Federal funds that takes place in
<br />connection with obtaining any Federal award. Such disclosures are to be forwarded from tier to tier up to the non-Federal award. [2 CFR Part 200,
<br />App. II (J)]
<br />I. Contracts in excess of $100,000 involving employment of mechanics or laborers (where applicable) – Compliance with Contract Work
<br />Hours and Safety Standards Act 40 U.S.C. 3702 and 3704 (40 U.S.C. 3701-3708, as supplemented by Department of Labor regulations [29
<br />CFR Part 5]). Per 40 U.S.C. 3702, Contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40
<br />hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half
<br />times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Per 40 U.S.C. 3704, no laborer or mechanic involved in
<br />construction work can be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These
<br />requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
<br />transportation or transmission of intelligence. [2 CFR Part 200, App. II (E)]
<br />J. All Contracts of $150,000 and above - Breach or Violation of Terms by Contractor. The Town reserves all rights and privileges under the
<br />applicable laws and regulations with respect to this procurement in the event of breach or violation of terms of this Contract by the Contractor. [2
<br />CFR Part 200, App. II (A)]
<br />K. Contracts in excess of $150,000 – Compliance with Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
<br />Act (33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the
<br />non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-
<br />7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding
<br />agency and the Regional Office of the Environmental Protection Agency (EPA). [2 CFR Part 200, App. II (G)]
<br />L. Construction Contracts (except as provided under 41 CFR Part 60) – Equal Employment Opportunity Clause under 41 CFR 60-
<br />1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964 -1965
<br />Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,”
<br />and implementing regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity ,
<br />Department of Labor.” During the performance of this Contract, the Contractor agrees as follows:
<br />(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual
<br />orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that
<br />employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national
<br />origin. Such action shall include, but not be limited to the following:
<br /> Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
<br />compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to
<br />employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
<br />(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified
<br />applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national
<br />origin.
<br />(3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such
<br />employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or
<br />applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other
<br />employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants
<br />to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in
<br />furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the
<br />Contractor’s legal duty to furnish information.
<br />(4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other
<br />contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the contractor's commitments
<br />under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
<br />(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant
<br />orders of the Secretary of Labor.
<br />(6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations,
<br />and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering
<br />agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
<br />(7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or
<br />orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further
<br />Government contracts or Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of
<br />September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
<br />DocuSign Envelope ID: 5FA4B1AC-B897-4C32-A1E4-4B4A8885A341
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