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10/24/2017
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10/24/2017
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5/1/2025 11:48:00 AM
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12/6/2017 3:54:54 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
10/24/2017
Meeting Body
Board of County Commissioners
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DocuSign Envelope ID: 27562A39-54B9-4960-BOFD-AE1DCBC76974 <br />VI. SUBLETTING OR ASSt ING THE CONTRACT <br />This pmvieia► Is applicable to all Federat-ald construction <br />contracts on the National Highway System. <br />1. The contractor snail perform with Its oar organization <br />contrail work amounting to not less than 30 percent (or a <br />greater peroontop N spectied elsewhere In the contract) of <br />the total original contract price, ex*Ang'any specialty items <br />designated by the contracting agency, Specialty Rears maybe <br />performed by w0coni act and the amount of any such <br />specialty Items performed may be deducted from the total <br />original contract price before computing the smount d work <br />required to be performed by the contractors own orgertzation <br />(23 CFR 635.116): <br />a. The term perform worts with Its own oganizatiorP refers <br />to workers employed or leased by the prime contractor, and <br />equipment owned or ranted by the prime contractor, with or <br />without operators. Such tarn does not Include employees or <br />equipment of a subcontractor ctor or lower tier subcontractor; <br />agents of the prime contractor, or any other assignees. The <br />Gamut may include payments for the casts of hiring leased <br />employees from an employee ming firm meeting all relevant <br />Federal and State regulatory requirements. Leased <br />employees may oily be included to this term If the primo <br />contractor meets all of Moa following conditions: <br />(1) the prime contractor maintains control over the <br />supervision of the day-to-dsy activities of the leased <br />eye: <br />(2) the prime contractor remains responsible for the quality <br />of the work of the leased employees; <br />(3) the prime contractor retains all power to accept or <br />exclude individual employees from work on the project; and <br />(4) the prime contractor remains ultimately responsible for <br />the payment of predetermined minimum wages, the <br />submission of payrolls, statements of compliance and all <br />other Federal regulatory requirements. <br />b. "Specialty titans` she# be construed to be limited to work <br />that requires highly speciapztd knowledge, abilities, or <br />equipment not ordinarily available in the We of contracting <br />organizations qualified and expected to bid or propose on the <br />contract ss a wide and in general we to be limited to minor <br />components dffie overall contract. <br />2. The contract amount upon which the reqlrements art forth <br />in paragraph (1) of Section VI is computed includes the cost of <br />material and manufactured products which ars to be <br />purchased or produced by the contractor munch the contrast <br />provisions. <br />3. The contractor shall furnish (a) a competent superintendent <br />or supervisor who is employed by the firm, has full authority to <br />direst periror anoe of the work in accordance with the contract <br />requirements, and is in charge d sI construction operations <br />(regardless of who perform the wok) and (b) such other of Its <br />own organizational resources (supervision, management, and <br />engineering services) as the contracting clflcer determines Is <br />necessary to assure the porkananoe of the contract. <br />4. No portion of the contract shag be sublet, assigned or <br />otherwise disposed of except with the written consent d the <br />contracting otticer, or authorized representative. and such <br />consent when given shall not be construed to relieve the <br />contractor of any responsibility for the futilkrent of the <br />cotroct. Written ocasent will be given only after the <br />contracting agency has assured that each subcontract is <br />evidenced In writing and that it contains all pertinent provisions <br />and requirements dune prime contract. <br />& The 30% self -performance requirement of paragraph (1) is <br />root applicable to design-bulkd contreds, however, oro nmg <br />agencies may establish their an self-peAormanoe <br />requirements. <br />Vti. SAFETY ACCIDENT PREVENTION <br />This provision Is applicable toafi Feder s"id <br />construction contracts and to all related subcontracts. <br />i. In the performance of this contract the oonbactor shall <br />comply with an applicable Federal, Stott, and bad laws <br />govamkhg safety, health, and sanitation (23 CFR 835). The <br />contractor shall pn>vide ail safeguards, safety devices and <br />protective equipment and Islas any other needed actions as it <br />detonni, ores the contrasting officer may determine, to be <br />reasonably necessary to protect the Its and health of <br />employees on tis job and the safety of On public and to <br />protect property in connection with the pafommance of the <br />work covered by the contrast. <br />2. it is a condition of No contract, and stall be made a <br />condition of each subcontract which the contractor enters into <br />pursuant to this contract, that to conbector and any <br />subcontractor shalt not permit any employee, In perfomremce <br />of the contract to work in surroundings or under conditions <br />which are unsanitary. hazardous or dangerous to Manner <br />heaith or safer}, as determined under construction safety and <br />health standards (29 CFR 1926) promulgated by the Secretary <br />of Labor. In accordance with Section 107 or the Codnor Work <br />Hours and Sudety Standards Act (40 U.S.C. 3704). <br />3. Pursuant to 29 CFR 1926.3, it is a condition of this contract <br />that the Secretary d Labor or authorimd representative <br />thereof, shat have right of entry to any site of contract <br />performance to Inspect or investigate the matter of compliance <br />with Mme construction safety and health standards and to carry <br />out the duties of the Secretary under Section 107 of the <br />Contract Work Homs and Safety Standards Act (40 <br />U.S.C.3704). <br />VIN. FALSE STATEMENTS CONCER14NO HIGHWAY <br />PROJECTS <br />This provision Is applicable tong Federsiaid <br />construction contracts and to all related subcontracts. <br />In order to assure high quality and durable construction in <br />confbffnhyr with approved plans and specllcatbns and a high <br />degree of reliability on statements and representations made <br />by engineers, contractors, suppliers, and workers of Federal - <br />aid highway projects, it is essential that all persons concerned <br />with the project perform their functions as carshrIly, thoroughly, <br />and honesty as possible. Wiffful falsification, distortion, or <br />misrepresentation with respect to any fads staled to the <br />project is a violation of Federal law. To prevent any <br />mkHrmderetandEr� regarding the seriousness of Maes and - <br />similar accts, Form FHWA-1022 shall be posted on each <br />Federal -aid highway project (23 CFR 635) in one or more <br />places where it Is readily available to of persons concerned <br />with the project <br />18 U.S.C.1020 reale as f llawrs: <br />UM <br />
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