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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
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