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agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and
<br /> • requirements of the prime contract.
<br /> 5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however,
<br /> contracting agencies may establish their own self-performance requirements.
<br /> VII. SAFETY: ACCIDENT PREVENTION
<br /> This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
<br /> 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws
<br /> governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and
<br /> protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to
<br /> be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect
<br /> property in connection with the performance of the work covered by the contract.
<br /> 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into
<br /> pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the
<br /> contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or
<br /> safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of
<br /> Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 3704).
<br /> 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative
<br /> thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with
<br /> the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the
<br /> Contract Work Hours and Safety Standards Act(40 U.S.C.3704).
<br /> VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
<br /> This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
<br /> In order to assure high quality and durable construction in conformity with approved plans and specifications and a high
<br /> degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on
<br /> Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully,
<br /> thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related
<br /> to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and
<br /> similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project(23 CFR 635) in one or more places
<br /> where it is readily available to all persons concerned with the project:
<br /> 18 U.S.C. 1020 reads as follows:
<br /> "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a
<br /> person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to
<br /> the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed
<br /> or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or
<br /> costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
<br /> Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the
<br /> character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in
<br /> connection with the construction of any highway.or related project approved by the Secretary of Transportation; or
<br /> Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or
<br /> report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended
<br /> and supplemented;
<br /> Shall be fined under this title or imprisoned not more than 5 years or both."
<br /> IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
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