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<br /> Exhibit H
<br /> FHWA-1273—Revised October 23,2023
<br /> REQUIRED CONTRACT PROVISIONS
<br /> FEDERAL-AID CONSTRUCTION CONTRACTS
<br /> performed on the contract by the contractor's own organization
<br /> I. General and with the assistance of workers under the contractor's
<br /> II Nondiscrimination immediate superintendence and to all work performed on the
<br /> III Non-segregated Facilities contract by piecework,station work,or by subcontract. 23
<br /> IV. Davis-Bacon and Related Act Provisions CFR 633.102(d).
<br /> V Contract Work Hours and Safety Standards Act
<br /> Provisions 3. A breach of any of the stipulations contained in these
<br /> VI Subletting or Assigning the Contract Required Contract Provisions may be sufficient grounds for
<br /> VII. Safety:Accident Prevention withholding of progress payments,withholding of final
<br /> VIII. False Statements Concerning Highway Projects payment,termination of the contract,suspension/debarment
<br /> IX. Implementation of Clean Air Act and Federal Water or any other action determined to be appropriate by the
<br /> Pollution Control Act contracting agency and FHWA.
<br /> X. Certification Regarding Debarment,Suspension,
<br /> Ineligibility and Voluntary Exclusion 4. Selection of Labor During the performance of this contract,
<br /> XI. Certification Regarding Use of Contract Funds for the contractor shall not use convict labor for any purpose
<br /> Lobbying within the limits of a construction project on a Federal-aid
<br /> XII. Use of United States-Flag Vessels: highway unless it is labor performed by convicts who are on
<br /> parole,supervised release,or probation 23 U S.0 114(b)
<br /> ATTACHMENTS The term Federal-aid highway does not include roadways
<br /> functionally classified as local roads or rural minor collectors.
<br /> A.Employment and Materials Preference for Appalachian 23 U.S.0 101(a).
<br /> Development Highway System or Appalachian Local Access
<br /> Road Contracts(included in Appalachian contracts only)
<br /> II. NONDISCRIMINATION(23 CFR 230 107(a);23 CFR Part
<br /> 230,Subpart A,Appendix A; EO 11246)
<br /> I. GENERAL
<br /> The provisions of this section related to 23 CFR Part 230,
<br /> 1. Form FHWA-1273 must be physically incorporated in each Subpart A,Appendix A are applicable to all Federal-aid
<br /> construction contract funded under title 23,United States construction contracts and to all related construction
<br /> Code,as required in 23 CFR 633.102(b)(excluding subcontracts of$10,000 or more. The provisions of 23 CFR
<br /> emergency contracts solely intended for debris removal). The Part 230 are not applicable to material supply,engineering,or
<br /> contractor(or subcontractor)must insert this form in each architectural service contracts.
<br /> subcontract and further require its inclusion in all lower tier
<br /> subcontracts(excluding purchase orders,rental agreements In addition,the contractor and all subcontractors must comply
<br /> and other agreements for supplies or services). 23 CFR with the following policies:Executive Order 11246,41 CFR
<br /> 633.102(e). Part 60,29 CFR Parts 1625-1627,23 U.S.C. 140,Section 504
<br /> of the Rehabilitation Act of 1973,as amended(29 U.S.C.794),
<br /> The applicable requirements of Form FHWA-1273 are Title VI of the Civil Rights Act of 1964,as amended(42 U S C
<br /> incorporated by reference for work done under any purchase 2000d et seq.),and related regulations including 49 CFR Parts
<br /> order, rental agreement or agreement for other services. The 21,26,and 27;and 23 CFR Parts 200,230,and 633.
<br /> prime contractor shall be responsible for compliance by any
<br /> subcontractor,lower-tier subcontractor or service provider. 23 The contractor and all subcontractors must comply with: the
<br /> CFR 633 102(e). requirements of the Equal Opportunity Clause in 41 CFR 60-
<br /> 1.4(b)and,for all construction contracts exceeding$10,000,
<br /> Form FHWA-1273 must be included in all Federal-aid design- the Standard Federal Equal Employment Opportunity
<br /> build contracts,in all subcontracts and in lower tier Construction Contract Specifications in 41 CFR 60-4.3.
<br /> subcontracts(excluding subcontracts for design services,
<br /> purchase orders,rental agreements and other agreements for Note The U.S.Department of Labor has exclusive authority to
<br /> supplies or services)in accordance with 23 CFR 633.102. The determine compliance with Executive Order 11246 and the
<br /> design-builder shall be responsible for compliance by any policies of the Secretary of Labor including 41 CFR Part 60,
<br /> subcontractor,lower-tier subcontractor or service provider. and 29 CFR Parts 1625-1627. The contracting agency and
<br /> the FHWA have the authority and the responsibility to ensure
<br /> Contracting agencies may reference Form FHWA-1273 in compliance with 23 U.S C. 140,Section 504 of the
<br /> solicitation-for-bids or request-for-proposals documents, Rehabilitation Act of 1973,as amended(29 U.S.C.794),and
<br /> however,the Form FHWA-1273 must be physically Title VI of the Civil Rights Act of 1964,as amended(42 U.S C.
<br /> incorporated(not referenced)in all contracts,subcontracts and 2000d et seq.),and related regulations including 49 CFR Parts
<br /> lower-tier subcontracts(excluding purchase orders,rental 21,26,and 27;and 23 CFR Parts 200,230,and 633.
<br /> agreements and other agreements for supplies or services
<br /> related to a construction contract). 23 CFR 633 102(b) The following provision is adopted from 23 CFR Part 230,
<br /> Subpart A,Appendix A,with appropriate revisions to conform
<br /> 2. Subject to the applicability criteria noted in the following to the U.S.Department of Labor(US DOL)and FHWA
<br /> sections,these contract provisions shall apply to all work requirements.
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