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DocuSign Envelope ID. 3EC52891-FE1A-4181-9C9B-6ADF674328A7 MTC/City of Pleasanton Innovative Deployments to Enhance Arterials(IDEA)Category 1 Page 24 (a)(3)(ii)(A) 1215-0149 (c) 1215-0140, 1215-0017 [48 FR 19540,Apr.29, 1983, as amended at 51 FR 12265,Apr. 9, 1986; 55 FR 50150, Dec. 4, 1990; 57 FR 28776,June 26, 1992; 58 FR 58955,Nov. 5, 1993; 61 FR 40716,Aug. 5, 1996; 65 FR 69693,Nov. 20, 2000; 73 FR 77511,Dec. 19, 2008] Effective Date Note: At 58 FR 58955,Nov. 5, 1993, §5.5 was amended by suspending paragraph(a)(1)(ii) indefinitely. 3. Contract Work Hours and Safety Standards Act Contract Work Hours and Safety Standards Act-(i)The Contractor agrees to comply with section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, "Safety and Health Regulations for Construction" 29 C.F.R. Part 1926. Among other things,the Contractor agrees that it will not require any laborer or mechanic to work in unsanitary,hazardous, or dangerous surroundings or working conditions. (ii) Subcontracts -The Contractor also agrees to include the requirements of this section in each subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will be considered a "subcontractor" under this section if the work in question involves the performance of construction work and is to be performed: (1) directly on or near the construction site,or(2) by the employer for the specific project on a customized basis. Thus,a supplier of materials which will become an integral part of the construction is a"subcontractor" if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory,the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market. 4. Copeland Anti-kickback Act Compliance with Copeland Act requirements - The Contractor shall comply with the requirements of 29 CFR part 3,which are incorporated by reference in this contract. 5. Prompt Payment of Funds Withheld to Subcontractors The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal regulation(49 CFR 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise, available to the prime contractor or subcontractor in the event of a dispute involving late payment,or nonpayment by the prime contractor,deficient subcontract