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a subcontractor, assignee, or agent of the prime contractor.
<br />b. Specialty Items" shall be construed to be limited to work
<br />that requires highly specialized knowledge, abilities, or equipment not
<br />ordinarily available in the type of contracting organizations qualified
<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.
<br />2. The contract amount upon which the requirements set forth in
<br />paragraph 1 of Section VII is computed includes the cost of material
<br />and manufactured products which are to be purchased or produced
<br />by the oontractor under the contract provisions.
<br />3. The contractor shall furnish (a) a competent superintendent or
<br />supervisor who is employed by the firm, has full authority to direct
<br />performance of the work in accordance with the contract requlre-
<br />ments, and is in charge of all construction operations (regardless of
<br />who performs the work) and (b) such other of its own organizational
<br />resources (supervision, management, and engineering services) as
<br />the SHA contracting officer determines is necessary to assure the
<br />performance of the contract.
<br />4. No portion of the contract shall be sublet, assigned or otherwise
<br />disposed of except with the written consent of the SHA contracting
<br />officer, or authorized representative, and such consent when given
<br />shall not be construed to relieve the contractor of any responsibility
<br />for the fulfillment of the contract. Written consent will be given only
<br />after the SHA has assured that each subcontract Is evidenced In
<br />wriling and that it contains all pertinent provisions and requirements
<br />of the prime contract.
<br />Vill. SAFETY: ACCIDENT PREVENTION
<br />1. In the performance of this contract the contractor shalt comply
<br />with all applicable Federal, State, and local laws governing safety,
<br />health, and sanitation (23 CFR 635). The contractor shall provide all
<br />safeguards, safety devices and protective equipment and take any
<br />other needed actions as it determines, or as the SHA contracting
<br />officer may determine, to be reasonably necessary to protect the life
<br />and health of employees on the job and the safety of the public and
<br />to protect property in connection with the performance of the work
<br />covered by the contract.
<br />2. It is a condition of this contract, and shall be made a condition
<br />of each subcontract, which the contractor enters into pursuant to this
<br />contract, that the contractor and any subcontractor shall not penult
<br />arty employee, in performance of the contract, to work in surround-
<br />ings or under conditions which are unsanitary, hazardous or danger-
<br />ous to his/her health or safety, as determined under construction
<br />safety and health standards (29 CFR 1926) promulgated by the
<br />Secretary of Labor, in accordance with Section 107 of the Contract
<br />Work Hours and Safety Standards Act (40 U.S.C. 333).
<br />3. Pursuant to 29 CFR 1926.3, It is a condition of this contract that
<br />the Secretary of Labor or authorized representative thereof, shall
<br />have right of entry to any site of contract performance to inspect or
<br />investigate the matter of compliance with the construction safety and
<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
<br />(40 U.S.C. 333).
<br />IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
<br />In order to assure high quality and durable construction in confor-
<br />mity with approved plans and specifications and a high degree of
<br />reliability on statements and representations made by engineers,
<br />contractors, suppliers, and workers on Federal -aid highway projects,
<br />it is essential that all persons concerned with the project perform their
<br />functions as carefully, thoroughly, and honestly as possible. Willful
<br />falsification, distortion, or misre present atlon with respect to any facts
<br />related to the project is a violation of Federal law. To prevent any
<br />misunderstanding regarding the seriousness of these and similar
<br />acts, the following notice shall be posted on each Federal -aid
<br />high„vay project (23 CFR 635) in one or more places where it is
<br />readily available to all persons concerned with the project:
<br />NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID
<br />HIGHWAY PROJECTS
<br />18 U.S.C. 1020 reads as follows:
<br />"Whoever, being an officer, agent, or employee of the United
<br />States, or of any State or Territory, or whoever, whether a person,
<br />association, firm, or corporation, knowingly makes any false state-
<br />ment, false representation, orfalse report as to the character, quality,
<br />quantity, or cost of the materia/ used or to be used, or the quantity or
<br />quality of the work performed or to be performed, or the cost thereof
<br />in connection with the submission of plans, maps, specifications,
<br />contracts, or costs of construction on any highway or related project
<br />submitted for approval to the Secretary of Transportation: or
<br />Wh oeve r knowingly makes any false statement, false representa-
<br />tion, false report or false claim with respect to the character, quality,
<br />quantity, or cost of any work performed or to be performed, or
<br />materials furnished or to be fumished, in connection with the
<br />construction of any highway or related project approved by the
<br />Secretary of Transportation; or
<br />Whoeverknowinglymakes any false statement orfalserepresente-
<br />tion as to material fact in any statement; certificate, or report
<br />submitted pursuant to provisions of the Pederal-aid Roads Act
<br />approved July 1, 1916, (39 Stat. 355), as amended and supple-
<br />mented;
<br />upplemented;
<br />Shall be fined not more that $10,000 or imprisoned not more than
<br />5 years or both.”
<br />IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
<br />WATER POLLUTION CONTROL ACT
<br />(Applicable to all Federal -aid construction contracts and to all related
<br />subcontracts of $100,000 or more.)
<br />By submission of this bid or the execution of this contract, or
<br />subcontract, as appropriate, the bidder, Federal -aid construction
<br />contractor, or subcontractor, as appropriate, will be deemed to have
<br />stipulated as follows:
<br />1. That any facility that is or will be utilized in the performance of this
<br />contract, unless such contract is exempt under the Clean Air Act, as
<br />amended (42 U.S.C. 1857 et sem. as amended by Pub.L. 91-604),
<br />and under the Federal Water Pollution Control Act, as amended (33
<br />U.S.C. 1251 et seq., as amended by Pub. L. 92-500), Executive Order
<br />11738, and regulations in implementation thereof (40 CFR 15) Is not
<br />listed, on the date of contract award, on the U.S. Environmental
<br />Protection Agency (EPA) List of Violating Facilities pursuant to 40
<br />CFR 15,20.
<br />2. That the firm agrees to comply and remain in compliance with all
<br />the requirements of Section 114 of the Clean Air Act and Section 308
<br />of the Federal Water Pollution Control Act and all regulations and
<br />guidelines listed thereunder.
<br />3. That the firm shall promptly notify the SHA of the receipt of any
<br />communication from the Director, Office of Federal Activities, EPA.
<br />indicating that a facility that is or will be utilized for the contract is
<br />under consideration to be listed on the EPA List of Violating Facilities.
<br />4. That the firm agrees to Include or cause to be included the
<br />requirements of paragraph 1 through 4 of this Section X in every
<br />nonexempt subcontract, and further agrees to take such action as the
<br />government may direct as a means of enforcing such requirements.
<br />XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
<br />INELIGIBILITY AND VOLUNTARY EXCLUSION
<br />1. Instructions for Certification - Primary Covered Transac-
<br />tions:
<br />(Applicable to all Federal -aid contracts - 49 CFR 29)
<br />a. By signing and submitting this proposal, the prospective
<br />primary participant is providing the certification set out below.
<br />b. The inability of a person to provide the certification set out
<br />below will not necessarily result in denial of participation in this
<br />covered transaction. The prospective participant shall submit an
<br />explanation of why it cannot provide the certification set out below.
<br />The certification or explanation will be considered in connection with
<br />the department or agency's determination whether to enter into this
<br />transaction. However, failure of the prospective primary participant
<br />to furnish a certification or an explanation shall disqualify such a
<br />person from participation in this transaction.
<br />c. The certification in this clause is a material representation
<br />of fact upon which reliance was placed when the department or
<br />agency determined to enter into this transaction. If it Is later deter-
<br />mined that the prospectiveprim ary participanl knowingly rendered an
<br />erroneous certification. In addition to other remedies available to the
<br />Federal Government, the department or agency may terminate this
<br />Page 6 Form FHWA-1273 (Rev. 3-94)
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