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DocuSign Envelope ID.07C464C4-FDB6-434A-A01 B-558064E4E858
<br /> PO#:461001815
<br /> Routing#:22-HA3-ZG-00070
<br /> the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed
<br /> may be deducted from the total original contract price before computing the amount of work required to be performed by the
<br /> contractor's own organization(23 CFR 635.116)
<br /> a. The term"perform work with its own organization" refers to workers employed or leased by the prime contractor, and
<br /> equipment owned or rented by the prime contractor,with or without operators. Such term does not include employees or
<br /> equipment of a subcontractor or lower tier subcontractor,agents of the prime contractor,or any other assignees. The term
<br /> may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal
<br /> and State regulatory requirements Leased employees may only be included in this term if the prime contractor meets all of
<br /> the following conditions:
<br /> (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees;
<br /> (2) the prime contractor remains responsible for the quality of the work of the leased employees;
<br /> (3) the prune contractor retains all power to accept or exclude individual employees from work on the project;and
<br /> (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages,the submission
<br /> of payrolls,statements of compliance and all other Federal regulatory requirements.
<br /> b. "Specialty Items"shall be construed to be limited to work that requires highly specialized knowledge,abilities,or equipment
<br /> not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a
<br /> whole and in general are to be limited to minor components of the overall contract.
<br /> 2. The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of material
<br /> and manufactured products which are to be purchased or produced by the contractor under the contract provisions.
<br /> 3. The contractor shall furnish(a)a competent superintendent or supervisor who is employed by the firm,has full authority to direct
<br /> performance of the work in accordance with the contract requirements,and is in charge of all construction operations(regardless
<br /> of who performs the work)and(b)such other of its own organizational resources(supervision,management,and engineering
<br /> services)as the contracting officer determines is necessary to assure the performance of the contract.
<br /> 4. No portion of the contract shall be sublet,assigned or otherwise disposed of except with the written consent of the contracting
<br /> officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any
<br /> responsibility for the fulfillment of the contract.Written consent will be given only after the contracting agency has assured that
<br /> each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract.
<br /> 5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting
<br /> agencies may establish their own self-performance requirements.
<br /> VIL SAFETY:ACCIDENT PREVENTION
<br /> T h i s p r o v i s i o n i s applicable to all Federal-aid construction contracts and to all related subcontracts
<br /> 1. In the performance of this contract the contractor shall comply with all applicable Federal,State,and local laws governing safety,
<br /> health,and sanitation(23 CFR 635).The contractor shall provide all safeguards,safety devices and protective equipment and take
<br /> any other needed actions as it determines,or as the contracting officer may determine,to be reasonably necessary to protect the
<br /> life and health of employees on the job and the safety of the public and to protect property in connection with the performance of
<br /> the work covered by the contract.
<br /> 2. It is a condition of this contract,and shall be made a condition of each subcontract,which the contractor enters into pursuant to
<br /> this contract,that the contractor and any subcontractor shall not permit any employee,in performance of the contract,to work in
<br /> surroundings or under conditions which are unsanitary,hazardous or dangerous to his/her health or safety,as determined under
<br /> construction safety and health standards(29 CFR 1926)promulgated by the Secretary of Labor,in accordance with Section 107
<br /> of the Contract Work Hours and Safety Standards Act(40 U.S.0 3704).
<br /> 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract that the Secretary of Labor or authorized representative thereof,shall
<br /> have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction
<br /> safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety
<br /> Standards Act(40 U.S.C.3704).
<br /> VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
<br /> T h i s p r o v i s i o n i s applicable to all Federal-aid construction contracts and to all related subcontracts
<br /> In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of
<br /> reliability on statements and representations made by engineers,contractors,suppliers,and workers on Federal-aid highway projects,
<br /> it is essential that all persons concerned with the project perform their functions as carefully,thoroughly,and honestly as possible.
<br /> Willful falsification,distortion,or misrepresentation with respect to any facts related to the project is a violation of Federal law. To
<br /> prevent any misunderstanding regarding the seriousness of these and similar acts,Form FHWA-1022 shall be posted on each Federal-
<br /> aid highway project(23 CFR 635)in one or more places where it is readily available to all persons concerned with the project:
<br /> 18 U.S.C. 1020 reads as follows-
<br /> "Whoever, being an officer,agent, or employee of the United States,or of any State or Territory,or whoever, whether a person,
<br /> association,firm,or corporation,knowingly makes any false statement,false representation,or false report as to the character,quality,
<br /> quantity,or cost of the material used or to be used,or the quantity or quality of the work performed or to be performed,or the cost
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