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DocuSign Envelope ID:78958EB7-5B02-4CA0-8EAF-F3E892A7B33B
<br /> APPENDIX
<br /> STANDARD SPECIAL PROVISION
<br /> REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS
<br /> FHWA-1273 Electronic Version-May 1,2012 Z-8
<br /> 1.General
<br /> II,Nondiscrimination
<br /> 111.]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 /> VIL Safety:Accident Prevention
<br /> VIII,False Statements Concerning Highway Projects
<br /> 1X.Implementation of Clean Air Act and Federal Water Pollution Control Act
<br /> X.Compliance with Govemmentwide 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 Road Contracts(included in
<br /> Appalachian contracts only)
<br /> I. GENERAL
<br /> I. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23(excluding emergency contracts solely
<br /> intended for debris removal).The contractor(or subcontractor)must insert this form in cacti subcontract and further require its inclusion in all
<br /> lower tier subcontracts(excluding purchase orders,rental agreements 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,rental agreement
<br /> or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or
<br /> service provider.
<br /> Form FHWA-1273 must be included in all Federal-aid design-build contracts,in all subcontracts and in lower tier subcontracts(excluding
<br /> subcontracts for design services,purchase orders,rental agreements and other agreements for supplies or services).The design-builder shall be
<br /> responsible for compliance by any subcontractor,lower-tier subcontractor or service provider.
<br /> Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the Form
<br /> FHWA-1273 must be physically incorporated (not referenced) in all contracts,subcontracts and lower-tier subcontracts (excluding purchase
<br /> orders,rental agreements and other agreements for supplies or services related to a construction contract),
<br /> 2. Subject to the applicability criteria noted in the following sections,these contract provisions shall apply to all work performed on the contract by
<br /> the contractors own organization and with the assistance of workers under the contractors immediate superintendence and to all work performed
<br /> 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 withholding of progress
<br /> payments,withholding of final payment,termination of the contract,suspension/debarment or any other action determined to be appropriate by
<br /> 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 within the limits of
<br /> a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole,supervised release,or probation.The
<br /> term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors.
<br /> IL NONDISCRIMINATION
<br /> The provisions of this section related to 23 CFR Part 230 arc applicable 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 not applicable to material supply, engineering,or architectural service
<br /> contracts.
<br /> In addition,the contractor and all subcontractors must comply with the following policies:Executive Order 11246,41 CFR 60,
<br /> 29 CFR 1625-1627,Title 23 USC Section 140,the Rehabilitation Act of 1973,as amended(29 USC 794),Title VI of the Civil Rights Act of 1964,as
<br /> anmendcd,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633.
<br /> The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b)and,for all
<br /> construction contracts exceeding 510,000,the Standard Federal Equal Employment Opportunity Construction Contract Specifications in
<br /> 41 CFR 60-4.3.
<br /> Nate: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the
<br /> Secretary of Labor including 41 CFR 60,and 29 CFR 1625-1627.The contracting agency and the FHWA have the authority and the responsibility to
<br /> ensure compliance with Title 23 USC Section 140,the Rehabilitation Act 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 21,26 and 27;and 23 CFR Parts 200,230,and 633.
<br /> The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of
<br /> Labor(US DOL)and FHWA requirements.
<br /> t. Equal Employment Opportunity: Equal employment opportunity(EEO)requirements not to discriminate and to take affirmative action to
<br /> assure equal opportunity as set forth under laws,executive orders,rules,regulations(28 CFR 35,29 CFR 1630,29 CFR 16254627,
<br /> 41 CFR 60 and 49 CFR 27)and orders of the Secretary of Labor as modified by the provisions prescribed herein,and imposed pursuant to
<br /> 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract.
<br /> The provisions of the Americans with Disabilities Act of 1990(42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are
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