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2010 Construction and Material Specifications - Ohio Department of ...

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107.02<br />

regulation, order, or decree, whether by the Contractor or the Contractor’s<br />

employees, subcontractors, or agents.<br />

The Contractor agrees that in the hiring <strong>of</strong> employees for the performance <strong>of</strong><br />

Work under this Contract or any subcontract hereunder, neither the Contractor, the<br />

subcontractor, nor any person acting on behalf <strong>of</strong> such Contractor or subcontractor<br />

shall, by reasons <strong>of</strong> race, religion, color, sex, or national origin, discriminate<br />

against any citizen <strong>of</strong> the United States in the employment <strong>of</strong> labor or workers,<br />

who is qualified <strong>and</strong> available to perform the Work to which the employment<br />

relates.<br />

Neither the Contractor, the subcontractor, nor any person on their behalf shall,<br />

in any manner, discriminate against or intimidate any employee hired for the<br />

performance <strong>of</strong> Work under this Contract on account <strong>of</strong> race, religion, color, sex,<br />

or national origin.<br />

Comply with OAC-4123:1-3, entitled “Specific Safety Requirements <strong>of</strong> the<br />

Industrial Commission <strong>of</strong> <strong>Ohio</strong> Relating to <strong>Construction</strong>,” as amended, <strong>and</strong> with<br />

the Federal Occupational Safety <strong>and</strong> Health Act <strong>of</strong> 1970 <strong>and</strong> Code <strong>of</strong> Federal<br />

Regulations, Title 29, Chapter XVII, Part 1926 <strong>and</strong> as amended.<br />

107.02 Permits, Licenses, <strong>and</strong> Taxes. Procure all permits <strong>and</strong> licenses; pay<br />

all charges, fees, <strong>and</strong> taxes; <strong>and</strong> provide all notices necessary <strong>and</strong> incidental to the<br />

due <strong>and</strong> lawful prosecution <strong>of</strong> the Work.<br />

107.03 Patented Devices, <strong>Material</strong>s, <strong>and</strong> Processes. Before employing any<br />

design, device, material, or process covered by letters <strong>of</strong> patent or copyright,<br />

provide for its use by suitable legal agreement with the patentee or owner. The<br />

Contractor <strong>and</strong> the Surety shall indemnify <strong>and</strong> save harmless the State, any<br />

affected third party, or political subdivision from any <strong>and</strong> all claims for<br />

infringement <strong>of</strong> patented design, device, material, process, or any trademark or<br />

copyright, <strong>and</strong> shall indemnify the State for any costs, expenses, <strong>and</strong> damages that<br />

it may be obliged to pay by reason <strong>of</strong> any infringement, at any time during the<br />

prosecution or after the completion <strong>of</strong> the Work.<br />

107.04 Restoration <strong>of</strong> Surfaces Opened by Permit. The Director may grant<br />

to the municipality in which the Work is performed a reservation <strong>of</strong> rights to<br />

construct or reconstruct any utility service in the highway or street or to grant<br />

permits for same, at any time.<br />

Any individual, firm, or corporation wishing to make an opening in the highway<br />

must secure a permit. Allow parties bearing such permits, <strong>and</strong> only those parties,<br />

to make openings in the highway. When ordered by the Engineer, make in an<br />

acceptable manner all necessary repairs due to such openings. The necessary<br />

repairs will be paid for as Extra Work, or as provided in the Contract Documents,<br />

<strong>and</strong> will be subject to the same conditions as the original Work performed.<br />

107.05 Federal-Aid Provisions. When the United States Government pays for<br />

all or any portion <strong>of</strong> the Project’s cost, the Work is subject to the inspection <strong>of</strong> the<br />

appropriate Federal agency.<br />

36

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