PALP, INC. dba EXCEL PAVING COMPANY

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(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. 11. FEDERAL PROVISIONS. The federal prevailing wage rates are attached hereto as Exhibit `B" and incorporated herein by this reference. When the federal prevailing wage rates and California prevailing wage rates differ for similar kinds of labor, the CONTRACTOR shall not pay less than the higher rate. The provisions of Form FHWA 1273 apply to this Construction Contract and all work performed by the CONTRACTOR and its subcontractor and lower tier subcontractors and is attached hereto as Exhibit "C" and incorporated herein by this reference. The CONTRACTOR shall comply with all federal requirements including, but not limited to, the Federal - Aid Contract Provisions attached hereto as Exhibit "D" and incorporated herein by this reference. With respect to any conflict between such federal requirements and the Contract Documents and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control 12. USE OF CSLFRF FUNDS. Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") program, will be used to fund all or a portion of this Construction Contract. CONTRACTOR shall comply with all applicable federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the "Act'); b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act; c. Treasury Compliance and Reporting Guidance for the Act; d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Page 3 of 4