ladot_h.016671_ proposal.pdf

STATE OF LOUISIANA

DEPARTMENT OF TRANSPORTATION AND

DEVELOPMENT

CONSTRUCTION PROPOSAL

FOR

DOTD

LOUISIANA DEPARTMENT OF

TRANSPORTATION & DEVELOPMENT

FEDERAL AID PROJECT

STATE PROJECT NO. H.016671

M/V ASCENSION – 5 YR DRYDOCK

STATEWIDE

STATE OF LOUISI

ANA

WALTER E. MILLET I

License N

o. 17052

MECHAN

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PROFESSION

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A-1 atter E, Milt

7-15-2026

7/15/2026 9:02 AM

STATE PROJECT NO. H.016671

TABLE OF CONTENTS

B-1

Page No.

Title Sheet A-1 Table of Contents B-1 Notice to Contractors C-1 thru C-3 Special Provisions D-1 thru D-9 Federal Aid Construction Project Contract Documents

Required Contract Provisions, Federal-Aid Construction Contracts (10/23)E-1 thru E-14 Female and Minority Participation in Construction (01/83) E-15 thru E-22 Specific Equal Employment Opportunity Responsibilities (06/84) E-23 thru E-28 On-The-Job Training (06/21) E-29 thru E-32 DBE/SBE Participation in Federal Aid Construction Contracts (10/25) E-33 thru E-34

Technical Specifications F-1 thru F-52 Construction Proposal Information:

Bid Bond G-1 Schedule of Items H-1 thru H-5 Construction Proposal Signature and Execution Form I-1 thru I-2

NOTICE TO CONTRACTORS (01/26)

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Electronic bids and electronic bid bonds for the following project will be downloaded by the Louisiana

Department of Transportation and Development (LA DOTD) on Wednesday, September 9, 2026. Paper bids and paper bid bonds will not be accepted. Electronic bids and electronic bid bonds must be submitted through www.bidx.com prior to the electronic bidding deadline. Beginning at 10:00 a.m., all bids will be downloaded and posted online at http://wwwapps.dotd.la.gov/engineering/lettings/. No bids are accepted after 10:00 a.m. The electronic bid download process is held in LA DOTD Headquarters Building, 1201

Capitol Access Road in Baton Rouge, LA, Room 113 B, and is open to the public. Visitors must check-in with the security desk in the first floor lobby.

FEDERAL AID PROJECT NO. H016671

PARISH: STATEWIDE

TYPE: DRYDOCK FOR REPAIRS, MAINTENANCE, PAINTING AND RELATED WORK.

LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT

ESTIMATED COST RANGE: $1,000,000-2,500,000

The estimated cost range is for informational purposes only and may be subject to change. The bid prices received from bidders will be evaluated based on the actual estimate value, which will be published at bid opening, for award determination.

PROJECT ENGINEER: W. “Butch” Millet, P.E., (225) 379-1973

1212 East Hwy Dr. Baton Rouge, LA 70802

DOTD COORDINATOR: Gabriel Collier, (225) 788-6385

PROJECT MANAGER: Steven Sibley, P.E.

SPECIAL NOTICE TO CONTRACTORS: Bidders are required to certify their intent to comply with Section 102.14 of the 2026 Louisiana Standard Specifications for Roads and

Bridges.

Bids must be prepared and submitted in accordance with Section 102 of the 2026 Louisiana Standard

Specifications for Roads and Bridges as amended by the project specifications, and must include all information required by the proposal.

ONLINE BIDDER REGISTRATION IS FOR ALL PROSPECTIVE BIDDERS AND FOR OTHERS

INTERESTED IN INFORMATION ONLY. Prior to the electronic bid submission deadline, ONLINE

BIDDER REGISTRATION for each project bid is REQUIRED. Online Bidder Registration may be accessed via the Internet at wwwsp.dotd.la.gov. Select the following options: DOING BUSINESS, then Construction

Serivces, then Bidder Registration.

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When completed, a registration confirmation notice will be displayed and may be printed by the bidder. When approved for bidding, the bidder’s name will be placed on the “List of Prospective Bidders” located on the

LA DOTD Internet website. It is the bidder’s responsibility to review the “List of Prospective Bidders” to ensure approval to bid. If a bidder does not register for a project, the bid will not be accepted by LA

DOTD. As per 102.4 e) of the 2026 edition of the Louisiana Standard Specifications for Roads and Bridges, no bidders will be approved for bid registration within 24 hours before the bid opening. All bidders must register to bid before that deadline. If further information is required, please contact Mr. Alfonzo Simon, email: Alfonzo.Simon@la.gov, (225) 379-1111, fax : (225) 379-1857.

Plans and bid proposals are available in electronic format ONLY. All Plans, Proposals, Addenda, Amendments, Letters of Clarification, and Withdrawal Notices will be posted online. Paper notices will not be distributed.

Construction bid proposals (includes specifications) and plans may be accessed via the Internet at wwwsp.dotd.la.gov. To receive update notifications on specific projects, ONLINE BIDDER

REGISTRATION is required. From the LA DOTD home page, select the following options: DOING

BUSINESS, then Construction Services, then Construction Letting Info. Once the Construction Letting

Information page appears, find the Notice to Contractors box. From the drop down menu, select the appropriate letting date and press the “Go To” button to open the page, which provides a listing of all projects to be let and a Construction Proposal Documents link for each project. All project specific notices are found here. It will be the responsibility of the bidder to check for updates. Additionally, plans and specifications may be seen at the Project Engineer's office. Upon request, the Project Engineer will show the project site.

All questions concerning the plans shall be submitted via the Electronic Plans Distribution Center known as Falcon. All submitted questions will be forwarded by email to the Project Manager and the Project

Engineer. Questions submitted within a period of 96 hours prior to the advertised time for the opening of bids, excluding Saturdays, Sundays, and any other legal holidays, may not be answered prior to bidding. Falcon may be accessed via the Internet at wwwsp.dotd.la.gov. From the home page, select DOING BUSINESS, then Construction Services, then select Construction Letting Info. On the Construction Letting Information page, select the link, DOTD Plans Room (Falcon); Login to Falcon (or request an ID if a first-time user).

Once logged in, you will have access to view Project Information, submit a question concerning the project, and view the plans. To avoid any suggestion that a potential bidder is using the Falcon system to communicate with other potential bidders, DOTD will not post any question or any statement of fact or opinion not made for the purpose of seeking clarification of plans and/or project specifications. Any non-questions posted on falcon will be limited to the statement of an issue considered unresolved by a previous DOTD response.

Bidders assume the responsibility for accessing the Apparent Bid Results and final Bid Results on the

Construction Letting Information web page located at http://wwwapps.dotd.la.gov/engineering/lettings/ to confirm whether they are the apparent low bidder for any given project and the specific due date of Form CS-

6AAA for SBE Goal Projects. Apparent Low Bidders on Small Business Element (SBE) Goal Projects shall comply fully with the “Required Contract Provisions for SBE Participation in Federal Aid

Construction Contracts (SBE Goal Project)” contained in Section “E” of the Proposal; and, in accordance therewith, Apparent Low Bidders shall submit the completed Form CS-6AAA for SBE

Goal Projects and Attachments to the LA DOTD Compliance Programs Office utilizing the list of SBE

Certified Contractors as posted for this letting at:

http://wwwapps.dotd.la.gov/engineering/lettings.

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The award of the contract will be electronically submitted to the successful low bidder on each project.

The U. S. Department of Transportation (DOT) operates a toll free "Hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should call 1-800-424-9071. All information will be treated confidentially and caller anonymity will be respected.

SPECIAL PROVISIONS

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S.P. CONTRACT TIME (01-26):

The entire contract shall be completed in all details and ready for final acceptance in accordance with

105.17.020 within one hundred eighty (180) calendar days.

Prior to assessment of contract time, the contractor will be allowed 30 calendar days from the date stipulated in the Notice to Proceed to commence with portions of the contract work including but not limited to assembly periods, preparatory work for materials fabrications such as test piles, or other activities which hinder progress in the beginning stages of construction. Prior to issuance of the Notice to Proceed, the Department will consider extending the assembly period upon written request from the contractor justifying the need for additional time.

The contractor shall be responsible for maintenance of traffic from the beginning of the assembly period.

During the assembly period, the contractor will be allowed to do patching and other maintenance work necessary to maintain the roadway with no time charges when approved by the engineer.

If the contractor begins regular construction operations prior to expiration of the assembly period, the assessment of contract time will commence at the time construction operations are begun.

S.P. MANDATORY ELECTRONIC BIDS

AND ELECTRONIC BID BONDS SUBMISSION (01-26):

This project requires mandatory electronic bidding. All Specifications, whether Standard, Supplemental or Special Provisions, are hereby amended to delete any references regarding paper bids and the ability to submit paper bid forms.

The contractor shall register online to be placed on the Louisiana Department of Transportation and Development (LA DOTD) prospective bidders list or for information only list.

Modifications to proposal documents will be posted on the Department’s website at the following URL address: http://wwwapps.dotd.la.gov/engineering/lettings/.

LA DOTD shall not be responsible if the bidder cannot complete and submit a bid due to failure or incomplete delivery of the files submitted via the internet.

D-2

S.P. PARTICIPATION IN JOB TRAINING (01-26):

If the contractor desires to participate in job training, as provided by the Federal Aid Construction Project Contract Document entitled On the Job Training elsewhere herein, he/she shall submit a written request to the project engineer with a copy to the Compliance Program Section. According to the design formula, the number of potential trainees has been established as two (2). For the purposes of reimbursement, this number of trainees has been translated into an estimated two thousand (2000) trainee hours. The pay item for Trainee Reimbursement; will be established in the contract in accordance with the Federal Aid Construction Project Contract Documents for On-The-Job Training and the above hours.

Should the design formula not indicate that the contract could support training; a contractor may still train upon the approval of the Department.

S.P. BUILD AMERICA / BUY AMERICA PROVISIONS (01-26):

Section 106, Control of Materials, of the Standard Specifications for Roads and Bridges, 2026 Edition, is hereby amended to include the following:

Pursuant to the Build America Buy America ("BABA") provisions of the Infrastructure Investment and Jobs Act (“IIJA”) enacted on November 15, 2021 (Pub. L. No. 117-58), all iron and steel materials (including the application of a coating), manufactured products manufactured in the United States and having the cost of the components greater than 55 percent of the total cost of all components of the manufactured product, as well as construction materials permanently installed in the project, shall be manufactured and produced in the United States, unless a waiver of these provisions is granted.

COST CALCULATION:

Refer to Part 184 of title 2 of the Code of Federal Regulations (2 CFR) for guidance to determine the cost of components for manufactured products.

CONTRACTOR CERTIFICATION AND CERTIFICATION SUBMISSION:

The apparent low bidder shall provide certification of intent to conform to BABA with their completed contract documents, through transmittal of a completed certification document. The certification document, “DOTD’s Bidder's Build America, Buy America Certification Form”, will be provided in the federal package with the other required federal documents, and shall be the only form acceptable for use in certification of intent to conform to BABA. The contractor shall provide a separate Certification Form from the supplier for each applicable material.

WAIVER:

Minimal use of foreign steel and iron materials will be allowed without waiver provided the cost of these materials does not exceed 0.l percent of the total contract cost or $2,500, whichever is greater; however, D-3 the contractor shall make written request to the Chief Construction Division Engineer for permission to use such foreign materials and shall furnish a listing of the materials, their monetary value, and their origin and place of production.

RECORDS RETENTION:

The contractor shall retain any and all records pertaining to or relating with the contractor’s BABA certification and processes for a period of not less than five years after final acceptance of the construction project.

INSPECTION:

At the Department’s sole discretion, the department shall have the right to inspect or audit any and all records pertaining to or relating with the contractor’s BABA certification and processes.

FOR MORE INFORMATION ON BABA:

More information may be found by going to FHWA website Made in America | US Department of Transportation, https://www.fhwa.dot.gov/construction/cqit/buyam.cfm, and OMB M-24-02.

S.P. DEFINITIONS AND TERMS

(DOTD Receives Bids) (01-26):

101.3 of the 2026 Louisiana Standard Specifications for Roads and Bridges is amended to include the following:

Contracting Agency. A city, levee board, police jury or other governing authority of a parish, state office, agency, board, commission, public corporation or other political subdivision of the State, in whose name the contract will be executed. Whenever the term "Department" is used as Owner, it shall mean the Contracting Agency. Whenever the term "Department" is used as Engineer, it shall mean the Engineer.

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S.P. BID PROTEST PROCEDURE (01-26):

Section 102 of the 2026 LSSRB is amended to include:

102.16 BID PROTEST PROCEDURE

The Chief Engineer will be the final authority for resolution of bid protests.

S.P. PLANS AND SUBMITTALS (06-26)

Section 105.2 of the 2026 Louisiana Standard Specifications for Roads and Bridges has been amended to delete and replace the first paragraph as follows:

105.2 PLANS AND SUBMITTALS

Conform to 801.3.010 for format of plans and submittals.

S.P. PERMITS, LICENSES, TAXES AND INSURANCE (01-26)

Section 107 of the 2026 Louisiana Standard Specifications for Roads is Bridges is amended as follows:

107.2 is deleted and replaced with the following:

107.2 PERMITS, LICENSES, TAXES AND INSURANCE.

Contractors shall procure temporary permits and licenses for the work, pay charges, fees, and taxes, and give notices necessary for lawful prosecution of the work. Contractor, and its subcontractors, shall maintain all licenses and certifications necessary to accomplish the work in accordance with contract requirements and applicable law.

The contractor shall maintain, at a minimum, the following insurance coverage until final acceptance of the contract:

a) Workers Compensation in compliance with state law, with the exception that the contractor’s Employer liability is to be at least $1,000,000 when work is to be over water and involves maritime exposures. For the coverage provided in this subpart the contractor’s Insurer will have no right of recovery or subrogation against the State of Louisiana or the Louisiana Department of Transportation and Development.

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b) For Commercial General Liability Insurance with a combined single limit per occurrence for bodily injury and property damage, the aggregate loss limit must be on a per project basis. This insurance shall include coverage for bodily injury and property damage, and include coverage for Premises-Operation;

Broad form Contractual Liability; Products and Completed Operation; Use of Contractors and Subcontractors; Personal Injury; Broad form Property Damage; and Explosion, Collapse and Underground (XCU) coverage. The required combined single limit amount of insurance shall be as provided in Table 107.2-1.

When a railroad is within the project limits, the combined single limit amount of Commercial General Liability Insurance shall be as required by the railroad or as provided in Table 107-1, whichever is greater.

c) A separate Owner’s and Contractor’s Protective Liability (OCP) Policy shall be furnished by the contractor naming the Louisiana Department of Transportation and Development as the named insured. The policy period of the OCP insurance shall extend through final acceptance of the project.

The required combined single OCP limit amount shall be as provided in Table 107.2-1.

d) For Business Automobile Liability Insurance with a combined single limit per occurrence for bodily injury and property damage, this insurance shall include bodily injury and property damage coverage for owned automobiles, hired automobiles and non-owned automobiles. The required combined single limit amount of insurance shall be as provided in Table 107.2-1 below.

Table 107.2-1 Insurance Requirements1

Initial Contract Amount

Occurrence Minimum

Aggregate Ultrahazardous

Aggregate

Up to $1 $1 $2 $3

From >$1 to $2 $2 $4 $6

Over $2 $5 $10 $15 1 $ in millions.

Aggregate coverage for projects with ultrahazardous activities shall be triple the occurrence minimum.

Ultrahazardous activities include pile driving; transportation, use, storage, or removal of explosives, radioactive materials, or particularly hazardous or volatile chemicals; and asbestos or lead paint abatement; but does not include vibratory installation of sheet piles.

Each policy shall include provisions stipulating that the insurance company(ies) shall have no recourse against the State of Louisiana and the Department for payment of any premiums or for assessments under any form of the policy and that any and all deductibles in the above described insurance policy(ies) shall be assumed by and be at the sole risk of the contractor.

Insurance is to be placed with insurance companies authorized in the State of Louisiana with an A. M.

Best’s rating of A-: VI or higher. This rating requirement may be waived for Workers Compensation coverage only.

Should any policies be canceled, the contractor shall immediately notify the Department.

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Upon failure of the contractor to furnish, deliver and maintain such insurance for itself as required, this contract, at the election of the Department, may be immediately declared suspended, discontinued or terminated. Upon failure of the contractor to maintain OCP insurance at any time prior to final acceptance of the project, work on this contract shall be immediately suspended until proof of such insurance is presented to and accepted by the Department’s Project Control unit. During a suspension caused by the lack of any required insurance, contractual time charges will continue to be assessed against contract time, as will any assessment of stipulated damages, without interruption.

Failure of the contractor to maintain any required insurance shall not relieve the contractor from any liability under the contract, nor shall the insurance requirements be construed to conflict with the obligations of the contractor concerning indemnification under 107.17.

The contractor is responsible for requiring and verifying that all subcontractors working on the project maintain appropriate types and levels of insurance coverage.

Purchases related to work performed for this Project are exempt from sales and use taxes. Prior to claiming the exemption, the general contractor or its subcontractor shall obtain a certificate of exemption from the secretary of the Department of Revenue at Louisiana Department of Revenue, Taxpayer Compliance - SES Division, Phone: (855) 307-3893, Email: LDRSales.ExemptionApplications@la.gov.

107.2.010 REIMBURSEMENT OF OCP INSURANCE:

Contractor may submit the direct cost of OCP insurance (only) to the Department for reimbursement.

The provisions of 109.4 shall not apply to this reimbursement. The cost of all other required insurance must be included in contractor’s overhead applied to all other bid items.

The Department will reimburse the actual cost of OCP coverage as shown on an invoice produced by the insurance company or broker issuing the invoice in the amount of the premium due for the OCP policy: a) without a markup for profit or indirect costs including indirect costs associated with procurement of the OCP insurance; and b) less charges in the amount of a tax from which the Department is exempt and other related incidental fees. Contractor will be responsible for submitting a written request for reimbursement of the amount of the OCP policy premium invoice less all such charges including surplus lines taxes and other incidental fees. The Contractor shall contact the Louisiana Department of Insurance, ldi.la.gov, to receive additional guidance.

Contractor must also submit an original sworn affidavit from the insurance producer/agent in which that person attests that the submitted invoice is for the required OCP coverage only, and that the invoice accurately reports the cost to contractor of that coverage. The invoice and affidavit may be submitted at the preconstruction conference or thereafter for inclusion with a partial estimate.

There will be no reimbursement for any purchase of OCP insurance policy extensions necessitated by concurrent; non-excusable; or excusable, non-compensable delays in completion of the project, whenever such delays occur, or for claimed utility delays where such days were not added to Contract Time by change order. Any policy extensions necessitated by excusable, compensable delays will be reimbursed on a pro-rata monthly basis.

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S.P. CONTRACTOR’S PAYROLLS (01-26):

Subsection 107.26 of the 2026 LSSRB is amended as follows.

The minimum wage rate determinations of the Davis-Bacon Act do not apply to this project.

S.P. DETERMINATION AND EXTENSION

OF CONTRACT TIME (CALENDAR DAY) (05-26):

Subsection 108.7, Determination and Extension of Contract Time, is amended to include the following:

The contractor shall document for each month of scheduled construction, the occurrence of adverse weather conditions having an impact on controlling items of work. An adverse weather day is a previously scheduled or normally scheduled work day on which rainfall, wet conditions or cold weather will prevent construction operations on the controlling work activity from proceeding for at least 5 continuous hours of the day or 65 percent of the normal work day, whichever is greater, with the normal working force engaged in performing the controlling item of work. If the contractor submits a written request for additional contract time due to adverse weather conditions, the contractor’s request will be considered only after the Department agrees with the days and then only for adverse weather days in excess of the allowable number of days per month stated below. Adverse weather days will be documented by the Engineer and agreed upon monthly. Adverse weather days will be prorated for partial months when a work order or final inspection is issued other than the first or last of the month and agreed to by the Department. If the contractor is being considered for disqualification by the Department, an equitable adjustment in contract time may be made at the end of the original contract period, including all days added by approved change orders. Contract time will be adjusted by comparing the actual number of adverse weather days to the statistical number of adverse weather days over the specific time period per the table below. The resulting number of adverse weather days will be multiplied by 1.4 to convert to calendar days. Adjustments for adverse weather cannot result in a contract time reduction. Once adjusted, a new adverse weather day accounting will begin using the adverse weather conditions having an impact on the controlling items of work, in excess of the allowable number of days per month stated below. A second and final contract time adjustment will then be done at the final acceptance of the project. An adjustment in the contract time due to adverse weather will not be cause for an adjustment in the contract amount. There will be no direct or indirect cost reimbursement for excess adverse weather days.

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The following are anticipated adverse weather days that the contractor shall include in each month of his calendar day construction schedule.

January 10 days May 5 days September 4 days

February 9 days June 6 days October 3 days

March 8 days July 6 days November 7 days

April 7 days August 5 days December 7 days

S.P. COMPENSATION FOR

ALTERATIONS OF CONTRACT (02-26)

109.4 of the 2026 Louisiana Standard Specifications for Roads and Bridges is amended as follows:

109.4.030.B. is deleted and replaced with the following:

B. Direct Materials

For materials accepted by the engineer and used, the contractor shall receive the actual cost of such materials delivered to the work, including transportation charges if applicable and sales taxes subject to the requirements of 107.2.

S.P. PAYMENT FOR STOCKPILED

OR STORED MATERIAL (01-26)

Section 109 of the 2026 Louisiana Standard Specifications for Roads and Bridges is amended as follows:

109.6.010 is deleted and replaced with the following:

109.6.010 GENERAL

Payment for stockpiled or stored material will be considered only for materials anticipated to be stored for periods in excess of 30 calendar days. When approved, advance payments may be made for fabricated or natural materials that are to be incorporated in the project when stockpiled materials are stored on the project or in a dedicated stockpile at an approved site outside the limits of the project within the State of Louisiana. Payments shall be limited to durable materials described herein and shall represent a significant portion of the project cost. Perishable articles and small warehouse items are not

D-9 included. These materials shall meet the requirements of the specifications. Payment for stockpiled or stored materials will not constitute acceptance. It shall be the contractor's responsibility to protect the material from damage while in storage.

Payment for materials stored outside the State of Louisiana will be considered, subject to approval of the Chief Engineer. This will generally be limited to adjacent states, except in cases where it will be in the best interest of the Department to pay for these materials. If payment for stockpiled materials outside the State will affect the bid price for an item, the contractor shall submit a written request to the Chief Engineer prior to bidding.

Payment may be made for the invoice price for the materials, which shall not exceed 85 percent of the contract price for the items where the materials are to be incorporated. For fabricated materials purchased from commercial sources and delivered to approved storage, partial payment may be the invoice price plus freight and taxes subject to the requirements of 107.2. The quantity of material for payment will not exceed the total estimated quantity required to complete the project.

The amounts advanced on stockpiled or stored materials will be recovered by the Department through deductions made on payments as the materials are incorporated in the work.

Partial payment for stockpiled materials shall be requested by the contractor in writing and the following documents shall be furnished:

a) A copy of the invoices from supplier or manufacturer verifying the cost and quantity of material.

b) If storage is on private property, a copy of the lease or agreement granting the Department right of entry to property.

Within 30 calendar days after payment by the Department, the contractor shall submit a certified copy of invoices from the supplier for each item for which payment has been made. All such invoices submitted shall state the amount received by the supplier as payment in full for the materials. If this certification of payment is not presented within the 30 day period, the advanced payment will be deducted from future progress payments.

Title and ownership of materials for which advancements have been made by the Department shall not vest in the Department until such materials are incorporated in the work and the work accepted by the Department. The making of advancements by the Department shall not release the contractor from the responsibility for any portion thereof.

S.P. NOT DESIGNATED FOR

PAYMENT ADJUSTMENTS (01-26):

Section 109 of the 2026 Louisiana Standard Specifications for Roads and Bridges is amended to add the following:

109.9 PAYMENT ADJUSTMENTS

This project is not designated for payment adjustments for asphalt cements, fuels, or steel.

FHWA-1273 – Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS

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 VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water

Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for

Lobbying XII. Use of United States-Flag Vessels:

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, United States Code, as required in 23 CFR 633.102(b) (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). 23 CFR 633.102(e).

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. 23 CFR 633.102(e).

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) in accordance with 23 CFR 633.102. 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 solicitation-for-bids or request-for-proposals 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). 23 CFR 633.102(b).

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. 23 CFR 633.102(d).

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. 23 U.S.C. 114(b).

The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors.

23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246)

The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A 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 Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.

2000d et seq.), 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 Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.

2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements.

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1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:

a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).

b. The contractor will accept as its operating policy the following statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training."

2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:

a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.

e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.

4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.

a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.

b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.

c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.

The following procedures shall be followed:

a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.

b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.

c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.

d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action

E-2 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:

a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.

b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).

c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each.

d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR

230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:

a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.

b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.

c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.

d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability;

making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.

b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurances Required:

a. The requirements of 49 CFR Part 26 and the State DOT’s FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference.

b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

(1) Withholding monthly progress payments;

(2) Assessing sanctions;

(3) Liquidated damages; and/or

(4) Disqualifying the contractor from future bidding as non-responsible.

c. The Title VI and nondiscrimination provisions of U.S.

DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.

a. The records kept by the contractor shall document the following:

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(1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project;

(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and

(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.

b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES

This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.

As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS

This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance…