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DocuSign Envelope ID:78958EB7-5B02-4CA0-8EAF-F3E892A7B33B
<br /> from an employee leasing firm meeting all relevant Federal and State regulatory requirements.Leased employees may only be included in
<br /> this term if the prime contractor mccis all ofthe Following conditions:
<br /> (1)the prime contractor maintains control over the supervision of the day-today aclivities of the leased employees;
<br /> (2)the prime contrac[or remains responsible for the quality of the work of the leased employees;
<br /> (3)the prime 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 of payrolls,
<br /> 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 not ordinarily
<br /> 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
<br /> limited to minor components of the overall contract.
<br /> 2. The contract amount upon which the requirements set forth in paragraph (1) of Section V1 is computed includes the cost of material and
<br /> manufactured products which are to be purchased or produced by the contractor under[he contract provisions.
<br /> 3. The contractor shall fumish(a)a competent superintendent or supervisor who is employed by the fora,has full authority to direct performance of
<br /> the work in accordance with the contract requirements,and is in charge of all construction operations(regardless of who performs the work)and
<br /> (b)such other of its own organizational resources(supervision,management,and engineering services)as the contracting officer determines is
<br /> 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 officer,or
<br /> authorized representative,and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of
<br /> the contract.Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it
<br /> 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 agencies may establish
<br /> their own self-performance requirements.
<br /> VIL SAFETY:ACCIDENT PREVENTION
<br /> This provision is applicable to all Fedcral-aid construction contrasts and to all related subcontracts.
<br /> 1. In die performance of this contract the contractor shall comply with all applicable Federal,Stale,and local laws governing safety,health,and
<br /> sanitation(23 CFR 635).The contractor shall provide all safeguards,safety devices and protective equipment and take any other needed actions
<br /> as it determines,or as the contracting officer may determine,to be reasonably necessary to protect the life and health of employees on the job and
<br /> the safety of the public and to protect property in connection with the performance of die work covered by the contract.
<br /> 2. 1t is a condition of this contract,and shall be made a condition of each subcontract,which the contractor enters into pursuant to this contract,that
<br /> the contractor and any subcontractor shall not permit any employee,in performance of the contract,to work in surroundings or under conditions
<br /> which are unsanitary,hazardous or dangerous to hislhcr health or safety,as determined under construction safety and health standards
<br /> (29 CFR 1926)promulgated by the Secretary of Labor,in accordance with Section 107 of the Contract Work Hours and Safety Standards
<br /> Act(40 U.S.C.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 have right of
<br /> entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and
<br /> to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act(40 II.S.C.3704).
<br /> VIII, FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
<br /> This provision is applicable to all Federal-aid construction contracts and to ail related subcontracts.
<br /> In acder to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on
<br /> statements and representations made by engineers,contractors,suppliers,and workers on Federal-aid highway projects,it is essential chat all persons
<br /> concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or
<br /> misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the
<br /> seriousness of these and similar acts,Farm FHWA-1022 shall be posted on each Federal-aid highway project(23 CFR 635)in one or more plares
<br /> where it is readily available to all persons concemed with the project:
<br /> 18 U.S.C.1020 reads as follows:
<br /> "Whoever,being an officer,agent,or employee of the United Staics,or of any State or Territory,or whoever,whether a person,association,firm,
<br /> or corporation,knowingly makes any false statement,false representation,ar false report as to the character,quality,quantity,or cost of the material
<br /> used or to be used,or the quantity or quality of the work performed or to be performed,or the cost thereof in connection with the submission of plants,
<br /> maps,specifications,contracts,or costs 0 f c onstruc tion on any highway or related project submitted for approval to the Secretary of Transportation;a
<br /> Whoever knowingly makes any false statement,false representation,false report or false claim with respect to the character,quality,quantity,or
<br /> cost of any work performed or to be performed,or materials furnished or to be furnished,in connection with the construction of any highway or
<br /> related project approved by the Secretary of Transportation;or
<br /> Whoever knowingly makes any false statement or false representation as to material fact in any statement,certificate,or report submitted pursuant
<br /> to provisions of the Federal-aid Roads Act approved July 1,19I6,(39 Stat.355),as amended and supplemenled;
<br /> Shall be fined under this title or imprisoned not more than 5 years or both."
<br /> IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
<br /> This provision is applicable to all Federal-aid construction contracts and to all refuted subcontracts.
<br /> By submission of This bid/proposal or the execution of this contract,or subcontract,as appropriate,the bidder,proposer,Federal-aid construction
<br /> contractor,or subcontractor,as appropriate,will be deemed to have stipulated as follows:
<br /> I. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due 10 a violation of
<br /> Section 508 of the Clcan Water Act or Section 306 of the Clean Air Act.
<br /> 2. That the contractor agrees to include or cause to be included the requirements of paragraph(I)of this Set[ion X in every subcontract,and further
<br /> agrees to take such action as the contracting agency may direct as a means of enforcing such requirenicnis,
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