Laserfiche WebLink
City # 15-6830 <br />FED # HSIPL 5063(154) <br />Local Assistance Procedures Manual Exhibit 1.2-G <br />Required Federal -aid Contract Language <br />prime contractor, or any other federally -assisted contract subject to <br />the Contract Work Hours and Safely Standards Act, which is held by <br />the same prime contractor, such sums as may be determined to be <br />necessary to satisfy any liabilities of such contractor or <br />subcontractor for unpaid wages and liquidated damages as provided <br />in the clause set forth in paragraph (2.) of this section. <br />4. Subcontracts. The contractor or subcontractor shall insert in any <br />subcontracts the clauses set forth in paragraph (1.) through (4.) of <br />this section and also a clause requiring the subcontractors to include <br />these clauses in any lower tier subcontracts. The prime contractor <br />shall be responsible for compliance by any subcontractor or lower <br />tier subcontractor with the clauses set forth in paragraphs (1.) <br />through (4.) of this section. <br />VI. SUBLETTING OR ASSIGNING THE CONTRACT <br />This provision is applicable to all Federal -aid construction contracts <br />on the National Highway System. <br />1. The contractor shall perform with its own organization contract <br />work amounting to not less than 30 percent (or a greater percentage <br />if specified elsewhere in the contract) of the total original contract <br />price, excluding any specially items designated by the contracting <br />agency. Specialty items may be performed by subcontract and the <br />amount of any such specialty items performed may be deducted <br />from the total original contract price before computing the amount of <br />work required to be performed by the contractor's own organization <br />(23 CFR 635.116). <br />a. The term "perform work with its own organization" refers to <br />workers employed or leased by the prime contractor, and equipment <br />owned or rented by the prime contractor, with or without operators. <br />Such term does not include employees or equipment of a <br />subcontractor or lower tier subcontractor, agents of the prime <br />contractor, or any other assignees. The term may include payments <br />for the costs of hiring leased employees from an employee leasing <br />firm meeting all relevant Federal and State regulatory requirements. <br />Leased employees may only be included in this term if the prime <br />contractor meets all of the following conditions: <br />(1) the prime contractor maintains control over <br />the supervision of the day-to-day activities of the leased employees; <br />(2) the prime contractor remains responsible for the quality of <br />the work of the leased employees; <br />(3) the prime contractor retains all power to accept or exclude <br />individual employees from work on the project; and <br />(4) the prime contractor remains ultimately responsible for the <br />payment of predetermined minimum wages, the submission of <br />payrolls, statements of compliance and all other Federal <br />regulatory requirements. <br />b. "Specialty Items" shall be construed to be limited to work that <br />requires highly specialized knowledge, abilities, or equipment not <br />ordinarily available in the type of contracting organizations qualified <br />and expected to bid or propose on the contract as a whole and in <br />general are to be limited to minor components of the overall <br />contract. <br />2. The contract amount upon which the requirements set forth in <br />paragraph (1) of Section VI is computed includes the cost of material <br />and manufactured products which are to be purchased or produced <br />by the contractor under the contract provisions. <br />3. The contractor shall furnish (a) a competent superintendent or <br />supervisor who is employed by the firm, has full authority to direct <br />performance of the work in accordance with the contract <br />requirements, and is in charge of all construction operations <br />(regardless of who performs the work) and (b) such other of its own <br />organizational resources (supervision, management, and <br />engineering services) as the contracting officer determines is <br />necessary to assure the performance of the contract. <br />4. No portion of the contract shall be sublet, assigned or otherwise <br />disposed of except with the written consent of the contracting officer, <br />or authorized representative, and such consent when given shall not <br />be construed to relieve the contractor of any responsibility for the <br />fulfillment of the contract. Written consent will be given only after <br />the contracting agency has assured that each subcontract is <br />evidenced in writing and that it contains all pertinent provisions and <br />requirements of the prime contract. <br />5. The 30% self -performance requirement of paragraph (1) is not <br />applicable to design -build contracts; however, contracting agencies <br />may establish their own self -performance requirements. <br />VII. SAFETY: ACCIDENT PREVENTION <br />This provision is applicable to all Federal -aid construction contracts <br />and to all related subcontracts. <br />1. In the performance of this contract the contractor shall comply <br />with all applicable Federal, State, and local laws governing safety, <br />health, and sanitation (23 CFR 635). The contractor shall provide all <br />safeguards, safety devices and protective equipment and take any <br />other needed actions as it determines, or as the contracting officer <br />may determine, to be reasonably necessary to protect the life and <br />health of employees on the job and the safety of the public and to <br />protect property in connection with the performance of the work <br />covered by the contract. <br />2. It is a condition of this contract, and shall be made a condition of <br />each subcontract, which the contractor enters into pursuant to this <br />contract, that the contractor and any subcontractor shall not permit <br />any employee, in performance of the contract, to work in <br />surroundings or under conditions which are unsanitary, hazardous <br />or dangerous to his/her health or safety, as determined under <br />construction safety and health standards (29 CFR 1926) <br />promulgated by the Secretary of Labor, in accordance with Section <br />107 of the Contract Work Hours and Safety Standards Act (40 <br />U.S.C. 3704). <br />3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that <br />the Secretary of Labor or authorized representative thereof, shall <br />have right of entry to any site of contract performance to inspect or <br />investigate the matter of compliance with the construction safety and <br />health standards and to carry out the duties of the Secretary under <br />Section 107 of the Contract Work Hours and Safety Standards Act <br />(40 U.S.C.3704). <br />VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS <br />This provision is applicable to all Federal -aid construction contracts <br />and to all related subcontracts. <br />In order to assure high quality and durable construction in <br />conformity with approved plans and specifications and a high degree <br />of reliability on statements and representations made by engineers, <br />contractors, suppliers, and workers on Federal -aid highway projects, <br />it is essential that all persons concerned with the project perform <br />their functions as carefully, thoroughly, and honestly as possible. <br />Willful falsification, distortion, or misrepresentation with respect to <br />any facts related to the project is a violation of Federal law. To <br />prevent any misunderstanding regarding the seriousness of these <br />and similar acts, Form FHWA-1022 shall be posted on each <br />Federal -aid highway project (23 CFR 635) in one or more places <br />Page 14 of 22 <br />DLA -OB 13-06 August 12, 2013 <br />