PALP INC. DBA EXCEL PAVING COMPANY (3)

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Local Assistance Procedures Manual PS&E Checklist Instructions d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under appnernoesbip and skill training programs which have been certified by the Secretary of Transportation as promoting EFA lin correction with Federal -aid highway construclion program are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates forappren0rzs and tratness under such programs will be established by the particular pmgffam- The ratio of apprentices and trainees to journeymen shall nut be greaterthan permitted bythe terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shah comply with the requirements of 29 GFR part 3, which are incorporated by reference in this contrat 6.Subcoatracts, The contractor or subcantraclorshail insert Foran FHWA-1273 inany subroutmcis and also require the subcontractors to include Form F4WA-1273 in any law her subcnnlrads.. The prime conbadar shall he responsible for the compliance by any subcontractor or lower ter subcontractor with all the contract clauses In 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contact dauses'in 29 CFR 5.5 nmy be gmurtds fortmdnation of the oon(md, and fordebarmed as a oontractrrard a subcontractor as provided in 29 CFR 5.12. 0. Compliance with Davis -Bacon and Related Act requirements. All ratings and interpretations of the Davts- Bacon and Related Ads contained in 29 OFR parts 1, 3, and 5 are herein incorporated by reference in this contact. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this rontraetshall act be subject to the general disputes clause of this contract Such disputas shall be resolved in accordance with the procedures of the Department of Labor set forth In 29 GFR parts 5, 6, and 7. Disputes within the meaning of this clause Include disputes between the contractor (or any of ifs subconlmdors) and tin contracting agency, the U.S. Department of Labor, or the empkryees ortheir representatives. 10. Certification of eligibility. a. By entedrg into this contract the comractor deNfied that neriber 0 (nor he or she) nor any person or firm who has an interest in ft contractors firm is a person or arm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Actor 29 GFR 5A2(a)(1). b. No pad of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by vidue of section 3(a) of the Davis=Bacon Ad or 29 CFR 5.12(a)(1). c. The penalty Ear mating false statements Is prescribed in the LIZ. Criminal Code, 10 U3.C.1001. OB 12-05 EXHIBIT 12-E Attachment B V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The f0tWwing clauses aPply to any Feder"d construction contract to an amount in excess of $100,000 and sabject to the overtime provisions of the Contract Work Hauls and Safety Standards Act.. Theseclauses shal be Inserted to addition to the clauses required by29 CFR. 5.5(a) ar29CFR4.6. As used In this paragraph, the terms laborer and mechanics Include watehmen and guards. 1. Overtime requirements. Nocontrackrrorsubcor0mclor contracting for any Part of the contract work which may require or nvotm the employment of laborers ar mechanics shall require or permit any such laborer or mechanic to any workweek in which he or she is ergployed on such work to work an excess of forty harm in such warttweek unless such laborer or mechanic receives compensation at a, rate not fess than me and one-half times the basic rate of pay for all hours waited in excess of tarty hours In such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any Violation of the clause set forth in paragraph (1.) of this se0011, the contractor and any subcomlrador responsible therefor shall be liable for the unpaid wages. th addition, such contractor arid subcontractor shall be Viable to the United States (In the rase of work done under contract for the District Of 0011.1m1>ra or a territory. to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mmschadc, includng watchmen and guards, employed in violation of the clause Set forth to Paragraph (1.) of this sector, in the sum of $19 for each calendar day on which such individual was required or Pe ri tted to work In excess of the standard workweek of forty hours without Payment of the overtime wages required by the clause set lamb in paragraph (1.) of this section. 3. Withholding for rgyaid wages and liquidated damages. The FHWA or the correcting agency shall upon its ohm action or upon wd0en request of an authorized repmsentative of the Department of Labor withhold or manse to be withheld, from any maneys payable an account of work Performed by the comractoror sutcantmdor under any such Contact or any other Federal contact with the same prime wrimcfar, or any other federally -assisted contract subject to the Contact Work Hours and Safety Standards Act, which is held by the same prime contactor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the cause set too h paragraph (2.) of this section. 4. Subcontracts. The cOalractrx or subcontractor shall insert In arty subcontracts the clauses set forth in Paragraph (1.) through (4.) of this section and also a clause requiring the subcontadas to include these changes in any lower tier subcootacts The Prime contactor shall be responsible for comPfance 'by any submrrtmctoror lower fie- subcontractor With the clauses set forth in paragraphs (1.) through (4.) ofthis section. Page 12-17 July 31, 2012