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VI. SUBLETTING OR ASSIGNING THE CONTRACT <br />This provision is applicable to all Federal -aid construction <br />contracts on the National Highway System. <br />1. The contractor shall perform with its own organization <br />contract work amounting to not less than 3D percent (or a <br />greater percentage if specified elsewhere in the contract) of <br />the total original contract price, excluding any specialty items <br />designated by the contracting agency. Specialty items may be <br />performed by subcontract and the amount of any such <br />specialty items performed may be deducted from the total <br />original contract price before computing the amount of work <br />required to be performed by the contractor's own organization <br />(23 CFR 635.116). <br />a. The term 'perform work with its own organization' refers <br />to workers employed or leased by the prime contractor, and <br />equipment owned or rented by the prime contractor, with or <br />without operators. Such term does not include employees or <br />equipment of a subcontractor or lower tier subcontractor, <br />agents of the prime contractor, or any other assignees. The <br />term may include payments for the costs of hiring leased <br />employees from an employee leasing firth meeting all relevant <br />Federal and State regulatory requirements. Leased <br />employees may only be included in this term if the prime <br />contractor meets all of the following conditions: <br />evidenced in writing and that it contains all pertinent provisions <br />and requirements of the prime contract <br />5. The 30% self -performance requirement of paragraph (1) is <br />not applicable to design -build contracts; however, contracting <br />agencies may establish their own self -performance <br />requirements. <br />VII. SAFETY: ACCIDENT PREVENTION <br />T h i s p r o v 1 s i o n i is applicable to all Federal -aid <br />construction contracts and to all related subcontracts. <br />1. In the performance of this contract the contractor shall <br />comply with all applicable Federal, State, and local laws <br />governing safety, health, and sanitation (23 CFR 635 The <br />contractor shall provide all safeguards, safety devices and <br />protective equipment and take any other needed actions as it <br />determines, or as the contracting officer may determine, to be <br />reasonably necessary to protect the life and health of <br />employees on the job and the safety of the public and to <br />protect property in connection with the performance of the <br />work covered by the contract. <br />2. It is a condition of this contract, and shag be made a <br />condition of each subcontract, which the contractor enters into <br />pursuant to this contract, that the contractor and n <br />__, _ ___ prim__ - ctar maintains oontrol_over_the__-- <br />a the ' e contra_ _ the=== <br />ay <br />subcontractor shag not permit any employee, in performance <br />--=of - - - --- ---- - - ---- <br />--- --of-the contract -tri-yvork-in suiroundmgs-or under conditions---- -- - --- - — -- - <br />supervision of the day-to-day activities of the leased <br />employees; <br />which are unsanitary, hazardous or dangerous to his/her <br />-- - - - -- — - - - - - -- _ - — <br />(2) the prime contractor remains responsible for the quality <br />--- health or-safety,-as-determined-under-consbvc ion safety and - - - - <br />health standards (29 CFR 1926) promulgated by the Secretary <br />of the worts of the leased employees;---- --- ---------of.Labor. <br />(3) thi prime contractor retains all power to accept or <br />in accordance with Section -107 of the Contract Work- -- - <br />Hours and Safety Standards Ad (40 U.S.C. 3704). <br />exclude individual employees from work on the project; and <br />(4) the prime contractor remains ultimately responsible for <br />3. Pursuant to 29 CFR 1926.3 it is a condition of this contiraci <br />the payment of piedetormIrM mifftum wages, the <br />submission of payrolls, statements of compliance and all <br />nlhrar FeAnr�l��nmamM..y. <br />that the Secretary of labor or authorized representative <br />thereof, shall have right of entry to any site of contract <br />requirements. <br />hasped ornvestlgate the maller 6f compliance <br />with the construction safety and health to d b <br />b. 'Specialty Items' shall be construed to be limited to work <br />that requires highly specialized knowledge, abilities, or <br />equipment not ordinarily available in the type of contracting <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. <br />2. The contract amount upon which the requirements set forth <br />in paragraph (1) of Section VI is computed includes the cost of <br />material and manufactured products which are to be <br />purchased or produced by the contractor under the contract <br />provisions. <br />3. The contractor shag furnish (a) a competent superintendent <br />or supervisor who is employed by the firm, has full authority to <br />direct performance of the work in accordance with the contract <br />requirements, and is in charge of all construction operations <br />(regardless of who performs the work) and (b) such other of its <br />own organizational resources (supervision, management, and <br />engineering services) as the contracting officer determines is <br />necessary to assure the performance of the contract <br />4. No portion of the contract shag be sublet, assigned or <br />otherwise disposed of except with the written consent of the <br />contracting officer, or authorized representative, and such <br />consent when given shag 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 <br />contracting agency has assured that each subcontract is <br />s n a s and to carry <br />out the duties of the Secretary under Section 107 of the <br />Contract Work Hours and Safety Standards Act (40 <br />U.S.C.3704). <br />Vlll. FALSE STATEMENTS CONCERNING HIGHWAY <br />PROJECTS <br />T h i s p r o v i s i o n i s applicable to all Federal -aid <br />construction contracts and to all related subcontracts. <br />In order to assure high quality and durable construction in <br />conformity with approved plans and specifications and a high <br />degree of reliability on statements and representations made <br />by engineers, contractors, suppliers, and workers on Federal - <br />aid highway projects, it is essential that all persons concerned <br />with the project perform their functions as carefully, thoroughly, <br />and honestly as possible. Willful falsification, distortion, or <br />misrepresentation with respect to any fads related to the <br />project is a violation of Federal taw. To prevent any <br />misunderstanding regarding the seriousness of these and <br />similar ads, Form FHWA-1022 shag be posted on each <br />Federal -aid highway project (23 CFR 635) in one or more <br />places where it Is readily available to all persons concerned <br />with the project <br />18 U.S.C. 1020 reads as follows: <br />58 <br />