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and expected to bid on the contract as a whole and in general ara to
<br />be limited to minor components of the overall contract.
<br />
<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 o[ produced
<br />by the contractor under the contract provisions.
<br />
<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 require-
<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 />
<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 ofthe contract; Written consent will be given only
<br />after the SHA has assured that each subcontract is evidenced in
<br />writing and that it contains all pertinent provisions and requirements
<br />of the prime contract.
<br />
<br />VIII. SAFETY: ACCIDENT PREVENTION
<br />
<br /> 1. In the performance of this contract the contractor shall 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 raasonably 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 />ceverad by the contract.
<br />
<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 permit
<br /> any employee, in performance of the contract, to work in surround-
<br /> ings or under conditions which are unsanitary, hazardous or
<br /> dangerous to his/her health or safety, as determined under construc-
<br /> tion 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 />
<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 ent~ to any site of conffact 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 />
<br /> IX. FALSE STATEMENTS CONCERNING HIGI.IWAY PROJECTS
<br />
<br /> In order to assura high quality and durable construction in
<br /> conformity with approved plans and specifications and a high .degree
<br /> of 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
<br /> their functions as carafully, thoroughly, and honestly ss possible.
<br /> Willful falsification, distortion, or misrepresentation with respect to
<br /> any facts related to the project is a violation of Federal law. To
<br /> prevent any misundemtanding regarding the seriousness of these
<br /> and similar acts, the following notice shall be posted on each
<br /> 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 />
<br /> NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID
<br /> HIGHWAY PROJECTS
<br />
<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 Paise
<br /> statement, false representation, or false report as to the character,
<br /> quality, quantity, or cost of the matedal used or to be used, or the
<br /> quantity or quality of the work performed or to be performed, or the
<br /> cost thereof in connection with the submission of plans, maps,
<br /> specifications, contracts, or costs of construc~on on any highway or
<br />
<br />related pro]ect submitted for approval to the Secretary of Transporta-
<br />tion; or
<br /> Whoever knowingly makes any Paise statement, false representa-'
<br />t/on, false report or false claim w#h respect to the character, quality,
<br />quantity, or cost of any work performed or to be performed, or
<br />materials furnished or to be furnished, in connection with the
<br />construction of any highway or related project approved by the
<br />Secretary of Transportation; or
<br />
<br /> Whoever knowingly makes any fa/se statement or false represen-
<br />tation as to material fact in any statement, certificate, or report
<br />submitted pursuant to provisions of the Federal-aid Roads Act
<br />approved July 1, 1916, (39 Stab 355), as amended and supple-
<br />mented;
<br />
<br /> Shell be fined not more that $I 0,000 or imprisoned not more than
<br />5 years orboth.'
<br />
<br />X. INIPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
<br /> WATER POLLUTION CONTROL ACT
<br />
<br />(Applicable to all Federal-aid construction contracts and to all related'
<br />subcontracts of $100,000 or more.)
<br />
<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 />
<br />1. That any facility that is or will be utilized in the performance of this
<br />contract, un/ess such contract is exempt under the Clean Air Act, as
<br />amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91-604),
<br />and under the Federal Water Poilution Control Act, as amended (33
<br />U.S.C. 1251 et see. as amended by Pub. L. 92-500), Executive
<br />Order 11738, ~'~d regulations in implementer on thereof (40 CFR 15)
<br />is not listed, on the date of contract award, on the U.S. Environmen-
<br />tal Protection Agency (EPA) List of Violating Facilities pursuant to 40
<br />CFR 1520.
<br />
<br />2: That the firm agrees to comply and remain in cempl!a..nce, with.~a~
<br />the requirements of Section 114 of the Clean Air Act aha ~emion ~uo
<br />of the Federal Water Pollution Control Act and all regulations and
<br />guidelines listed thereunder.
<br />
<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 Facili-
<br />ties.
<br />
<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
<br /> the government may direct as a means of enfoming such require-
<br /> ments.
<br />
<br /> Xl. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
<br /> INELIGIBILITY AND VOLUNTARY EXCLUSION
<br />
<br /> 1. Instructions for Certification - Primary Covered Transac-
<br /> tions:
<br />
<br /> (Applicable to all Federal-aid contracts - 49 CFR 29)
<br />
<br /> a. By signing and submitting this proposal, the prospective
<br /> primary participant is providing the certification set out below.
<br />
<br /> b. The inability of a person to provide the certification set out
<br /> below will not necessarily rasult 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 departTnent 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 />
<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
<br />determined that the prospective primary participant knowingly
<br />rendered' an erroneous certification, in addition to other remedies
<br />' available to the Federal Government, the department or agency may
<br />
<br />Form FHWA-1273 (Rev. 3-94)
<br />
<br />
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