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<br />a subcontractor, assignee, or agent of the prime con(faCtor,
<br />b. . "Specialty Items." shall be construed to be limited to work
<br />that requires highfy 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 10 minor components of lhe 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 contractor under lhe contrad provisions.
<br />3. The contractor shall furnish (a) a competenl superintendent or
<br />supervisor who is employed by the firm, has full authority to direct
<br />performance of the work in accordance with the conlract require-
<br />ments, and Is in charge of all construcbon operalions (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 conlract.
<br />4. No portion of the coOlract shall be sublet, assigned or otherwise
<br />disposed of except with the written consent of Ihe SHA conlraeling
<br />offICer, or authorized representative, and such consent when ~iven
<br />~:rall~~~I~r:~~~r~e t~~:~~. I~n~:~r~~~~e~~ :;r :SCi~~~I~~:~
<br />
<br />after the SHA has assured that each subcontracl is evidenced in
<br />writing and thai it contains all pertinenl provisions and requirements
<br />of the pnme contract.
<br />
<br />VIII. SAFETY: ACCIDENT PREVENTION
<br />
<br />i'
<br />I
<br />
<br />,. In the performance of this contract the contractor shall comply
<br />with all applicable Federal, State, and local laws governing safety,
<br />health, and sanitalion (23 CFR 635). Tha contractor shall provide all
<br />safeguards, safet)' devices and protective equipment and take any
<br />other needed achons as it determines, or as the SHA contracting
<br />officer may determine, to be reasonably necessary 10 protect the life
<br />and health of employees on Ihe 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. II is a condition of this contract, and shall be made a condition
<br />of each subcontract, which the conlractor enters into pursuanllo this
<br />contract, that the contractor and any subcontractor shaJl not permit
<br />~~ ~~~~~~~s~~e a~~ t~~s:~~th:~~u~ o~u~~~r;;:
<br />ous 10 hislher health or safety, as determined under construction
<br />~~~~t:~dor~~~r.~~~~~~a~9a ;ft~ i:~~/;~~~~,~~~gXt:c~
<br />Work Hours and Salely Slandards Act (40 U.S.C. 333).
<br />3. Pursuant to 29 CFR 1926.3. il is a conditionoflhis conlract thai
<br />the Secretary or labor or authorized representative Ihereof, shall
<br />rn~~~ti~~~ ~~:~~I:~r ~~~~~I?~;;~: th::~~~~~~ ~~~~~~~
<br />health standards and 10 carry out the duties of the Secretary under
<br />Seclion 107 of Ihe Contract Work Hours and Safaty Standards Act
<br />(40 U.S.C. 333).
<br />IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
<br />
<br />In order 10 assure high quality and durable construction in conror.
<br />mity with approved plans and specifications and 8 high deQree of
<br />reliability on slatemants and representalions made by engineers,
<br />contractors, suppliers, and workers on Federal~aid highway projects,
<br />il is essenlial thai all persons concerned with the project perform their
<br />functions as carefully, thoroughly, and honestly as possible. Willful
<br />falsificabon, dislortion, ormisrepresenlation wHh respect to any facts
<br />related 10 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 />highway projecl (23 CFR 635) in one or more places where it is
<br />readily available to all persons concerned with the project:
<br />
<br />NOTICE TO ALL PERSONNEL ENGAGED ON FEOERAL.AlD
<br />HIGHWAY PROJECTS
<br />
<br />lB U.S.C. 1020 raads as follows:
<br />
<br />St:;~~~e;; B~~~8~: ~ff!fee~t6~~~~ :o~~~~r::e/~~:r: p~~~~e:.
<br />
<br />association. fJrm, or corporarJOn, knowingly makes any false stale-
<br />ment, false representation, or false report as to the character, quality,
<br />
<br />Page 6
<br />
<br />quantity, or cost of the malerial usfJd or to be used, or the quantity or
<br />~U:hnO:da6n w::;t:~~~i~~fgnb~r;ZO;::~a~~,t~~~d:~~~
<br />
<br />contracts, or costs of construction on any highway or related project
<br />submitted for approval to the Secretary of Transportation; or
<br />
<br />
<br />tk>:::7~/:::/~W:;~::;s'::~~:n8~:~::p:~/~:::,~t'c~~~r::~~e;;:;,:
<br />quantity, or cost of any worlc performed or 10 be performed. or
<br />materials furnished or to be furnished, in connection with the
<br />construcNon of any highway or relat9d project approved by the
<br />Secretary of Transportation; or
<br />Whoever knowingly makes any false statement orla/se representa-
<br />tion 8S to materiaf facI in any statemant, certificate, or repOft
<br />submitted pursuant to provisions of the Federal-aid Roads Act
<br />approved July 1, 19/6, (39 Sial. 355). as emended and supple-
<br />mented:
<br />Shall be fined not more that $10,000 or imprisoned not more than
<br />5 )'Gars or both..
<br />X. IMPLEMENTATION 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 mora.)
<br />By submission or this bid or the execution of this contract, or
<br />subcontract, as appropriate, the bidder, Federal-aid construction
<br />con1ractor, or subcontractor, as approprlale, will be deemed (0 have
<br />slipulatad as follows:
<br />1. Thar any facility thai is or will be ulil;zed in the performance of this
<br />contract. unless such contract is exempt under the Clean Air Act. as
<br />:~a~~~/~~ ~:d;ri.I~:I,f,!~Uti~~ ~~~g~c~; :,u~';e:d:r~
<br />
<br />U.S.C. 1251 ~~., as amended by Pub.L. 92.500), Exacutiva Order
<br />11738, and regulations in implementation thereof (40 CFR 15) is not
<br />listed, on the dale of contracl award, on the U.S. Environmental
<br />Protection Agency (EPA) List of Violating Facllitias pursuanl to 40
<br />CFR 1520.
<br />
<br />2. Thal the firm agrees to comply and remain in compliance with all
<br />the requirements of Section 114 of the Clean Air Act and Saction 30B
<br />of the Federal Water Pollution Conuol Act and all regulations and
<br />guidelines listed thereunder.
<br />
<br />3. That the finn shan prompUy notify the SHA of the receipt of any
<br />communicaoon from Ihe Director, office or Federal Activities. EPA.
<br />indicating that a facility thai is or will be utilized for the contract is
<br />under consideration 10 be listed on the EPA List of Violating FaclHlies.
<br />
<br />4. That the firm agrees 10 include or causa to be included the
<br />requirements of paragraph 1 through 4 of this Section X in every
<br />
<br />~~~:~e~~~I&~~~i~:~ta~n~ ~:: ~~nj~:~~~k:;~~~~c~:~:~s~
<br />
<br />XI, CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
<br />INELIGIBILITY AND VOLUNTARY EXCLUSION
<br />
<br />1. Instructions for Certification. Primary Covered Transac.
<br />lions:
<br />
<br />(Applicable to all Federa~aid contracts - 49 CFR 29)
<br />a. By signing and submining (his proposal, the prospaclive
<br />primary participant is providing the certification set oul below.
<br />b. The inability of a person to provide the certification set out
<br />below 'Nill not necessarily result in denial of participalion in this
<br />covered transaction. The prospective participant shall submit an
<br />explanalion of why it cannol provide the certifIcation set out below.
<br />The certification or explanation will be considered in connection with
<br />the department or agency's delermination whether to enter into this
<br />transaction. However, failure oflhe prospective primary participant
<br />to furnish a certification or an explanation shall disqualify such a
<br />person from panicipation in this transaction.
<br />c. The certilicalion in this clause is a material representation
<br />~~~~ de~~r:::'~ l~~~~~:,in~~hrs~:~s:~~"~f if~~:::~~e~
<br />
<br />mined thafthe prospedive primary participant knowingfyrenderedan
<br />erroneous cenification, in addition to other remedies ava~ab'e to the
<br />Federal Government. the department or agency may terminate this
<br />
<br />Form FHWA.1273 (Rev. 3-94)
<br />
<br />85
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