2023-04-05_PERMIT FILE - M2022051 (3)

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DocuSign Envelope ID:07C464C4-FDB6-434A-A01B-558064E4E858 PO#:461001815 Routing#:22-HA3-ZG-00070 EXHIBIT I,REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS FHWA-1273--Revised May 1,2012 I. General II. Nondiscrimination III. Non-segregated Facilities IV. Davis-Bacon and Related Act Provisions V Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety:Accident Prevention VIIL False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts(included in Appalachian contracts only) I. GENERAL 1 Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23(excluding emergency contracts solely intended for debris removal). The contractor(or subcontractor)must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order,rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider Form FHWA-1273 must be included in all Federal-aid design-build contracts,in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services,purchase orders,rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor,lower-tier subcontractor or service provider Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders,rental agreements and other agreements for supplies or services related to a construction contract). 2 Subject to the applicability criteria noted in the following sections,these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework,station work,or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor.During the performance of this contract,the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole,supervised release,or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering, or architectural service contracts In addition,the contractor and all subcontractors must comply with the following policies.Executive Order 11246,41 CFR 60,29 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 amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633 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 construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note:The U.S.Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60,and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority Document Builder Generated Page 48 of 59 Version 0819