PALP INC. DBA EXCEL PAVING COMPANY (3)

Home Browse Search

EXHIBIT 12-E Attachment B VI. SUBLETTING OR ASSIGNINGTHE CONTRACT This provision is applicable to all Fedacal-aid construction contracts on the National Highway System. 1. The contractor shall perform with Eta own organization contract work arnonting to not less than 30 percent (ora greater pemerrage if specified elsewhere in the contract) of the total original contract Woe, a dulling any specialty items designated by the contracting agency. Specialty Hems may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount or walk required to be perormed by the conkactars own organization ('23 CFR 635.11fn). a. The tame "perform work with Its am organizatiarr refers tow orkers employed or leased by the prime contractor, and equipmerd rimed or rented by the prime connector, with or wiithoutoperators. Such term does not include employees or equipment da subcontractoror lower bar subcontractor, agents. at Me prime contractor, or y other assignees. The term imay include payments for the costs of hiring leased employees from an employee leasing firm meeting an relevant Federal and State regulatory requirements. Leased employees may only be included in this term If the gime contractor meets all of the following wrkdkfos: (1) the prime contractor maintains control over the supervision of time day4te-day activities of the leased employees; (2) the prince contractor remains responsible for the quality of the wars of the... leased employees; (3) the prime contractor retains all power 63 accept or exclude individual employees tram wart on the project; and (4) the prime contractor remains ultimately responsible for the payment of madetomined minimum wages, the submission of Payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to wok that requires highly special zed knogedge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract 2. The contract amount upon which the requirernems set forth in paragraph (1) of Section M Is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor underthe contract provisions. 3.. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority bo direct performance of the work in accordance with the contract requirements, and is in charge of ail construction operations (regardless or who performs the wok) and (b) such other of its own organizational resources (supervision, manageme t, and engineering services) as the contacting officer determines is necessmyto assure the performance of the conkad, 4. No portion or the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent Men given shall not be construed to relieve the contractor of any responsibility for the fulfillment of this cootracL Written consentwirl be given onlyatertme Page 12-1.8 July 31, 2012 Local Assistance Procedures Manual PS&E Checklist Instructions couaaatiryg agency has assured that each subcontract is evidenced in vatting Wd that it oomAains all pertinent provisions and requirements of the prime contract, 5. The 30% self -performance requirement If paragraph (1) is not applicable to design -build conir.,.ycfs; however, contracting agencies may establish their own snif-perhom ane. requirements. VIL SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcantracts. 1_ In the performance otthis contrectths contractor shall comply with all applicable Federal, 6te, and local laws governing safety, health, and sanilation (23 CFR 635). The contractor shall provide all safeguards, safety devices and Protective equipment and take sly other needed actions as it determines, or as the contracting officer my to be reasonably necessary to protect the life and health of employees on the lob and the safety of the public and to protect property in connection with the performance of the workcovered by the contract 2 It is a condition of this contract, and shall be made a condition of each subcompact, Mich bye contractor eaters into pursuant to this contrail, that She contractor and any subcontractor shall not permit anyemplcyee, to perfennamm of the contract, to work in sunondings or under conditions which are unsanitay, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) Promulgated by Me Secretary of Labor, in accordance win Seckon 107 of the Contract Waik Homos and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.31 It is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have tight of erftto any she of contact performance to inspect or hrvastigate the matter of compliance with the construction safety and health standards and to carry out Me duties of the Secretary order Section 407 of the Contract Wok Hours and Safety Standards Act (40 U.S.G.3704)_ Vill, FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Fe leml-ald construction contracts and to all related subcontracts. In orderto assure high quality and durable oostmction in conformity with approved plans and specifications and a high degree of seliabf9tty on statements and representations made by engineers, contractors, suppliers, and workers on Federat- aid highway projects, it isessential that an persons concerned -- Win the project perform their functions as carefully, thoroughly, and honestly as possible. VwPlfiml falsification, distortion, or misraiese deliOn with respect to anytadis related to the projectile a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be pasted on each Federal -aid highway project (23 CFR 635) In one or more places Where it is readily available to all person cbri mmed with the project 18 U.S.C. 1020 mads as follows. OB 12-05