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a subcontractor, assignee, or agent of the prime contractor. quantity, or cost of the material used or to be used, or the quantity or
<br /> quality of the work performed or to be performed, or the cost thereof
<br /> b . "Specialty Items" shall be construed to be limited to work in connection with the submission of plans, maps, specifications,
<br /> that req uires hig hly specialized knowledge , abilities , or eq uipment not contracts, or costs of construction on any highway or related project
<br /> ordinarily available in the type of contracting organizations qualified submitted for approval to the Secretary of Transportation; or
<br /> and expected to bid on the contract as a whole and in general are to
<br /> be limited to minor components of the overall contract. Whoever knowingly makes any false statement, false representa-
<br /> tion, false report or false claim with respect to the character, quality,
<br /> 2 . The contract amount upon which the requirements set forth in quantity, or cost of any work performed or to be performed,
<br /> or
<br /> paragraph 1 of Section VII is computed includes the cost of material materials furnished or to be furnished, in connection
<br /> with the
<br /> and manufactured products which are to be purchased or produced construction of any highway or related project approved by the
<br /> by the contractor under the contract provisions . Secretary of Transportation; or
<br /> 3 . The contractor shall furnish (a ) a competent superintendent or Whoever knowingly makes any false statement or false representa-
<br /> supervisor who is employed by the firm , has full authority to direct tion as to material fact in any statement, certificate,
<br /> or report
<br /> performance of the work in accordance with the contract require- submitted pursuant to provisions of the Federal-aid Roads
<br /> Act
<br /> ments , and is in charge of all construction operations (regardless of approved July 1 , 1916, (39 Stat. 355), as amended and
<br /> supple-
<br /> who performs the work) and (b ) such other of its own organizational mented;
<br /> resources (supervision , management, and engineering services) as
<br /> the SHA contracting officer determines is necessary to assure the Shall be fined not more that $ 10, 000 or imprisoned not more than
<br /> performance of the contract. 5 years or both. "
<br /> 4 . No portion of the contract shall be sublet, assigned or otherwise X . IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
<br /> disposed of except with the written consent of the SHA contracting WATER POLLUTION CONTROL ACT
<br /> officer, or authorized representative, and such consent when given
<br /> shall not be construed to relieve the contractor of any responsibility (Applicable to all Federal-aid construction contracts and to all
<br /> related
<br /> for the fulfillment of the contract. Written consent will be given only subcontracts of $ 100 , 000 or more. )
<br /> after the SHA has assured that each subcontract is evidenced in
<br /> writing and that it contains all pertinent provisions and requirements By submission of this bid or the execution of this
<br /> contract, or
<br /> of the prime contract. subcontract, as appropriate , the bidder, Federal-aid construction
<br /> contractor, or subcontractor, as appropriate , will be deemed to have
<br /> VIII . SAFETY : ACCIDENT PREVENTION stipulated as follows :
<br /> 1 . In the performance of this contract the contractor shall comply 1 . That any facility that is or will be utilized in the performance
<br /> of this
<br /> with all applicable Federal , State , and local laws governing safety, contract, unless such contract is exempt under the Clean Air
<br /> Act, as
<br /> health , and sanitation ( 23 CFR 635 ) . The contractor shall provide all amended (42 U . S . C . 1857 et seq. , as amended by Pub .
<br />L . 91 -604 ) ,
<br /> safeguards , safety devices and protective equipment and take any and under the Federal Water Pollution Control Act, as amended (33
<br /> other needed actions as it determines , or as the SHA contracting U . S . C . 1251 et seg. , as amended by Pub . L . 92-500) , Executive
<br /> Order
<br /> officer may determine, to be reasonably necessary to protect the life 11738 , and regulations in implementation thereof (40 CFR 15 ) is not
<br /> and health of employees on the job and the safety of the public and listed , on the date of contract award , on the U
<br />. S . Environmental
<br /> to protect property in connection with the performance of the work Protection Agency ( EPA) List of Violating Facilities pursuant
<br /> to 40
<br /> covered by the contract. CFR 15 . 20 .
<br /> 2 . It is a condition of this contract, and shall be made a condition 2 . That the firm agrees to comply and remain in compliance
<br /> with all
<br /> of each subcontract, which the contractor enters into pursuant to this the requirements of Section 114 of the Clean Air Act and Section 308
<br /> contract, that the contractor and any subcontractor shall not permit of the Federal Water Pollution Control Act and all regulations
<br /> and
<br /> any employee , in performance of the contract, to work in surround- guidelines listed thereunder.
<br /> ings or under conditions which are unsanitary, hazardous or danger-
<br /> ous to his/her health or safety, as determined under construction 3 . That the firm shall promptly notify the SHA of the
<br />receipt of any
<br /> safety and health standards ( 29 CFR 1926 ) promulgated by the communication from the Director, Office of Federal Activities
<br />, EPA,
<br /> Secretary of Labor, in accordance with Section 107 of the Contract indicating that a facility that is or will be utilized for
<br /> the contract is
<br /> Work Hours and Safety Standards Act (40 U . S . C . 333). under consideration to be listed on the EPA Listof Violating Facilities .
<br /> 3 . Pursuant to 29 CFR 1926 . 3 , it is a condition of this contract that 4 . That the firm agrees to include or cause to
<br /> be included the
<br /> the Secretary of Labor or authorized representative thereof, shall requirements of paragraph 1 through 4 of this Section
<br /> X in every
<br /> have right of entry to any site of contract performance to inspect or nonexempt subcontract, and further agrees to take such action as the
<br /> investigate the matter of compliance with the construction safety and government may direct as a means of enforcing such requirements .
<br /> health standards and to carry out the duties of the Secretary under
<br /> Section 107 of the Contract Work Hours and Safety Standards Act XI . CERTIFICATION REGARDING DEBARMENT, SUSPENSION ,
<br /> (40 U . S . C . 333 ) . INELIGIBILITY AND VOLUNTARY EXCLUSION
<br /> IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 1 . Instructions for Certification - Primary Covered Transac-
<br /> tions :
<br /> In order to assure high quality and durable construction in confor-
<br /> mity with approved plans and specifications and a high degree of (Applicable to all Federal-aid contracts - 49 CFR 29 )
<br /> reliability on statements and representations made by engineers ,
<br /> contractors , suppliers , and workers on Federal-aid highway projects , a . By signing and submitting this proposal , the prospective
<br /> it is essential that all persons concerned with the project perform their primary participant is providing the certification set out below.
<br /> functions as carefully, thoroughly, and honestly as possible . Willful
<br /> falsification , distortion , or misrepresentation with respect to any facts b . The inability of a person to provide the certification set
<br /> out
<br /> related to the project is a violation of Federal law. To prevent any below will not necessarily result in denial of
<br /> participation in this
<br /> misunderstanding regarding the seriousness of these and similar covered transaction . The prospective participant shall submit
<br /> an
<br /> acts , the following notice shall be posted on each Federal-aid explanation of why it cannot provide the certification
<br /> set out below.
<br /> highway project ( 23 CFR 635 ) in one or more places where it is The certification or explanation will be considered in connection
<br /> with
<br /> readily available to all persons concerned with the project: the department or agency's determination whether to enter into this
<br /> transaction . However, failure of the prospective primary participant
<br /> NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID to furnish a certification or an explanation shall disqualify such a
<br /> HIGHWAY PROJECTS person from participation in this transaction .
<br /> 18 U . S .C . 1020 reads as follows : c. The certification in this clause is a material representation
<br /> of fact upon which reliance was placed when the department or
<br /> "Whoever, being an officer, agent, or employee of the United agency determined to enter into this transaction . If it is
<br /> later deter-
<br /> States, or of any State or Territory, or whoever, whether a person, mined thatthe prospective primary participant knowingly rendered an
<br /> association, firm, or corporation, knowingly makes any false state- erroneous certification , in addition to other remedies available to the
<br /> ment, false representation, or false report as to the character, quality, Federal Government, the department or agency may terminate this
<br /> Page 6 Form FHWA- 1273 ( Rev . 3-94 )
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