HM Pacific Northwest Inc. 5/18/2023

I 3.Withholding for unpaid wages and liquidated damages. equipment not ordinarily available in the type of contracting I The FHWA or the contacting agency shall upon its own action organizations qualified and expected to bid or propose on the or upon written request of an authorized representative of the contract as a whole and in general are to be limited to minor 1 Department of Labor withhold or cause to be withheld,from components of the overall contract.23 CFR 635.102. any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any 2.Pursuant to 23 CFR 635.116(a),the contract amount upon other Federal contract with the same prime contractor,or any which the requirements set forth in paragraph(1)of Section VI other federally-assisted contract subject to the Contract Work is computed includes the cost of material and manufactured Hours and Safety Standards Act,which is held by the same products which are to be purchased or produced by the I prime contractor,such sums as may be determined to be contractor under the contract provisions. necessary to satisfy any liabilities of such contractor or 3.Pursuant to 23 CFR 635.116(c),the contractor shall furnish subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. (a)a competent superintendent or supervisor who is employed 29 CFR 5.5. by the firm,has full authority to direct performance of the work in accordance with the contract requirements,and is in charge of all construction operations(regardless of who performs the 4.Subcontracts.The contractor or subcontractor shall insert work)and(b)such other of its own organizational resources in any subcontracts the clauses set forth in paragraphs 1 (supervision,management,and engineering services)as the I through 4 of this section and also a clause requiring the contracting officer determines is necessary to assure the subcontractors to include these clauses in any lower tier performance of the contract. subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor 4. No portion of the contract shall be sublet,assigned or I with the clauses set forth in paragraphs 1 through 4 of this otherwise disposed of except with the written consent of the section.29 CFR 5.5. contracting officer,or authorized representative,and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the VI.SUBLETTING OR ASSIGNING THE CONTRACT contract.Written consent will be given only after theI contracting agency has assured that each subcontract is This provision is applicable to all Federal-aid construction evidenced in writing and that it contains all pertinent provisions contracts on the National Highway System pursuant to 23 CFR and requirements of the prime contract.(based on long- 635.116. standing interpretation of 23 CFR 635.116). I 1.The contractor shall perform with its own organization 5.The 30-percent self-performance requirement of paragraph contract work amounting to not less than 30 percent(or a (1)is not applicable to design-build contracts;however, greater percentage if specified elsewhere in the contract)of contracting agencies may establish their own self-performance I the total original contract price,excluding any specialty items requirements.23 CFR 635.116(d). designated by the contracting agency.Specialty items may be performed by subcontract and the amount of any such VII.SAFETY:ACCIDENT PREVENTION specialty items performed may be deducted from the total original contract price before computing the amount of work This provision is applicable to all Federal-aid constructionI required to be performed by the contractor's own organization contracts and to all related subcontracts. (23 CFR 635.116). 1. In the performance of this contract the contractor shall a. The term"perform work with its own organization"in I paragraph 1 of Section VI refers to workers employed or comply with all applicable Federal,State,and local laws leased by the prime contractor,and equipment owned or governing safety,health,and sanitation(23 CFR Part 635). rented by the prime contractor,with or without operators. The contractor shall provide all safeguards,safety devices and Such term does not include employees or equipment of a protective equipment and take any other needed actions as it subcontractor or lower tier subcontractor,agents of the prime determines,or as the contracting officer may determine,to be contractor,or any other assignees.The term may include reasonably necessary to protect the life and health of payments for the costs of hiring leased employees from an employees on the job and the safety of the public and to employee leasing firm meeting all relevant Federal and State protect property in connection with the performance of the regulatory requirements.Leased employees may only be work covered by the contract.23 CFR 635.108. I included in this term if the prime contractor meets all of the 2. It is a condition of this contract,and shall be made a following conditions:(based on longstanding interpretation) condition of each subcontract,which the contractor enters into (1)the prime contractor maintains control over the pursuant to this contract,that the contractor and any I supervision of the day-to-day activities of the leased subcontractor shall not permit any employee,in performance employees; of the contract,to work in surroundings or under conditions (2)the prime contractor remains responsible for the quality which are unsanitary,hazardous or dangerous to his/her health or safety,as determined under construction safetyand I of the work of the leased employees; (3)the prime contractor retains all power to accept or health standards(29 CFR Part 1926)promulgated by the exclude individual employees from work on the project;and Secretary of Labor,in accordance with Section 107 of the (4)the prime contractor remains ultimately responsible for Contract Work Hours and Safety Standards Act(40 U.S.C. the payment of predetermined minimum wages,the 3704).29 CFR 1926.10. submission of payrolls,statements of compliance and all 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract I other Federal regulatory requirements. that the Secretary of Labor or authorized representative b."Specialty Items"shall be construed to be limited towork thereof,shall have right of entry to any site of contract that requires highly specialized knowledge,abilities,or performance to inspect or investigate the matter of compliance