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evidenced in writing and that it contains all pertinent provisions
<br /> VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract.
<br /> This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is
<br /> contracts on the National Highway System, not applicable to design-build contracts;however,contracting
<br /> agencies may establish their own self-performance
<br /> 1.The contractor shall perform with its own organization requirements,
<br /> contract work amounting to not less than 30 percent(or a
<br /> greater percentage if specified elsewhere in the contract)of
<br /> the total original contract price,excluding any specialty items VII.SAFETY;ACCIDENT PREVENTION
<br /> designated by the contracting agency. Specialty items may be
<br /> performed by subcontract and the amount of any such T h i s p r o v i s i o n i is applicable to aft Federal-aid
<br /> specialty items performed may be deducted from the total construction contracts and to all related subcontracts.
<br /> original contract price before computing the amount of work
<br /> required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall
<br /> (23 CFR 635.116). comply with all applicable Federal,State,and local laws
<br /> governing safety,health,and sanitation(23 CFR 635),The
<br /> a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and
<br /> to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it
<br /> equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be
<br /> without operators. Such term does not include employees or reasonably necessary to protect the life and health of
<br /> equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to
<br /> agents of the prime contractor,or any other assignees, The protect property in connection with the performance of the
<br /> term may include payments for the costs of hiring leased work covered by the contract.
<br /> employees from an employee leasing firm meeting all relevant
<br /> Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a
<br /> employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into
<br /> contractor meets all of the following conditions: pursuant to this contract,that the contractor and any
<br /> subcontractor shall not permit any employee,in performance
<br /> (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions
<br /> supervision of the day-today activities of the leased which are unsanitary,hazardous or dangerous to his/her
<br /> employees; health or safety,as determined under construction safety and
<br /> (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary
<br /> of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work
<br /> (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704).
<br /> exclude individual employees from work on the project;and
<br /> (4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract
<br /> the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative
<br /> submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract
<br /> other Federal regulatory requirements. performance to inspect or investigate the matter of compliance
<br /> with the construction safety and health standards and to carry
<br /> b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the
<br /> that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40
<br /> equipment not ordinarily available in the type of contracting U.S.C,3704).
<br /> organizations qualified and expected to bid or propose on the
<br /> contract as a whole and in general are to be limited to minor
<br /> components of the overall contract. Vlll.FALSE STATEMENTS CONCERNING HIGHWAY
<br /> PROJECTS
<br /> 2.The contract amount upon which the requirements set forth
<br /> in paragraph(1)of Section VI is computed includes the cost of T h i s p r o v i s i o n i s applicable to all Federal-aid
<br /> material and manufactured products which are to be construction contracts and to all related subcontracts.
<br /> purchased or produced by the contractor under the contract
<br /> provisions. In order to assure high quality and durable construction in
<br /> conformity with approved plans and specifications and a high
<br /> 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made
<br /> or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal-
<br /> direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned
<br /> requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly,
<br /> (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or
<br /> own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the
<br /> engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any
<br /> necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and
<br /> similar acts,Form FHWA-1022 shall be posted on each
<br /> 4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more
<br /> otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned
<br /> contracting officer,or authorized representative,and such with the project
<br /> consent when given shall not be construed to relieve the
<br /> contractor of any responsibility for the fulfillment of the
<br /> contract Written consent will be given only after the 18 U.S.C. 1020 reads as follows:
<br /> contracting agency has assured that each subcontract is
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