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The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of matn-ial
<br />and manufactured products which are to be purchased or produced by the contractor under the contract provisions.
<br />The contractor shall fiunish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct
<br />performance ofthe work in accordance with the contract requirements, and is in charge of atl construction operations (regardless of
<br />who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services)
<br />as the SHA contracting officer determines is necessary to assure the performance of the contract.
<br />No portion of the co~[ail shall be sublet, assigned or otherwise disposed of except with the writtat consent of the SHA contracting
<br />officer', or authorized representative, and such consent when given shall not be construed to relieve tbe contractor of any
<br />responsibility for the fullilhnerrt of the contract Writtce consent will be given only after the SHA has assured that each subcontract
<br />is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract
<br />VIIL SAFETY: ACCIDENT PREVENTION
<br />In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety,
<br />health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safely devices and protechive equipment and take
<br />a~ other needed. actions as it deter~~a, or as the SHA contracting officer may determine, to be reasonably necessary to protect the
<br />life and health of employees on the job and the safety ofthe public and to protect property in connection with the performance of the
<br />work covered by the coact.
<br />It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor errters into pursuant to this
<br />contract, that the contractor and a~ subcontractor shalt not pemtit any employee, in performance of the wnttact, to work in
<br />surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under
<br />construction safety and health standazds (29 CFR 1926) promulgated by the Saretary of Labor, in accordance with Section 107 of
<br />the Contrail Work Hours and Safety Standards Ad (40 U.S.C. 333).
<br />Pursuant to 29 CFR 19263, it is a condition of this contrail that the Secretary of Labor or authorized representative thereof shall
<br />have right of entry to any site of contract performance to inspect or investigate tbe matter of compliance with the construction safety
<br />and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards
<br />Ail (40 U.S.C. 333).
<br />IR. FALSE STATEMENTS CONCERNINGffiGHWAY PROJECTS
<br />1n order to assure high quality and durable construction is conformity with approved plans and specifications and a high degree of
<br />reliability on statemems and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is
<br />essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful
<br />falsi5cation, distortion, or misrepresentation with respect to arty facts related to the project is a violation of Federal law. To preve~ any
<br />misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway
<br />project (23 CFR 635) in one or more places where it is readily available W all persons concemed_with the projecir
<br />NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID ffiGHWAY PROJECTS
<br />18 U.S.C. 1020 reads as follows:
<br />"Arhoever, being an o,~cer, agent, or employee of the United States, or of arty State or Territory, or whoever, whether a person,
<br />association, firm, or corporation, knowingly makes arty false statement, false representation, or false report as to the character, quality,
<br />quantitl, or cost of the material rued or to be user( or the quantity or quality of the work performed or to be performed or the cast thereof
<br />in connection with the submission ofplm~s, maps, specifications, conbacts, or costs of construction on arty highway or related project
<br />submitted for approval to the Secretary of TYansportation; or
<br />Whoever knowingly makes arty false statemen; false representation, false report or false claim with respell to the chmacter, quality,
<br />quanttty, or cart of airy work performed or to 6e performed or materials furnished or to be furnished br connection with the conr0•uction
<br />ofarry highway or related project approved by the Secretary of7Yansportation; w
<br />Whoever knowingly makes any false statement or false representation as to material fact in arty statement, certifcme, or report submitted
<br />pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Star: 355), as amended and supplemented;
<br />ShaA be fined not more that 510,000 or imprisoned not more than Syews or both"
<br />X. IMPLEMENTATION OF CLEAN A1R ACT AND FEDERAL WATER POLLUTION CONTROL ACT
<br />(Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.)
<br />By submission of this bid or the execution of this conttac~ or subcontract, as appropriate, the bidder, Federa!-aid construction contractor, or
<br />subcontractor, as appropriate, will be deemed to have stipulated as follows:
<br />1. That any facility that is or will be utilized in the performance of this wntrail, unless such contras is exempt under the Clean Air Act,
<br />as amended (42 U.S.C. 1857 et s~_, as amended by Pub.L. 91.604), and under the Federal Water Pollution Control Act, as amended
<br />(33 U.S.C. 1251 et ~., as amended by Pub.L. 92-500), Exeartive Order11738, and regulations is implementation thereof (40 CFR
<br />15) is not listed, on the date of contract awazd, on the U.S. Em~ironmerrtal Protection Agency (EPA) List of Violating Facilities
<br />pursuant to 40 CFR 1520.
<br />2. That the fora agrees to comply and remain incompliance with all the requirements of Section 114 of the Clean Air Act and Section
<br />308 of the Federal Water Pollution Coilrol Ad and all regulations and guidelines listed thereunder.
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