|
~~
<br />y. No individual shall be employed as a laborer or mechanic
<br />on this contract except on a wage basis, but this shall not be
<br />comtrued to prohibit the rental d trams, trucks, or other equip
<br />meat from individuals
<br />YI. RECORD OF MATERIALS, SUPPLIES AND 1A6OR
<br />1. The provisions in this section are applicable to all contracts
<br />axcept contracts for secondary highways and contract; financed
<br />solely with funds provided by the Highway Beautification Act of
<br />1965, as amended.
<br />2. The contractor shall maintain a record of the total cost of all
<br />materiale and supplies purchased for and incorpnrmed in the work,
<br />end also of the quantities of those specific materials and supplies
<br />listed on Form PR--07 end in the units shown. Upon completion
<br />of the contract, this record, together with the final tabor summary
<br />required in Section Y, paragraph 3, hereof, shalt be transmitted to
<br />the Starr highway department resident engineer tar the project nn
<br />Form PR-47 in accordance with instructions attached thereto.
<br />which will be furnished for this purpose upon request. The quan•
<br />tines for the listed items shall be reported separately for roadway
<br />and for structures over 20 feet tong as measured along the centeo-
<br />line of the roadway.
<br />3. The contractor shell become familiar with the list o! specific
<br />materiale end eupplies contained in Form PR-47 prior to the rom-
<br />meneement of work under this contract. Any additional materials
<br />information requited will be eolicited through revisioro of Form
<br />PR-47 with attendant explanations.
<br />4 Where subcontractors are involved the contractor shall submit
<br />eitber a single report covering work Loth by himsel[ and all his
<br />eubeonersetore, or he may submit separate reporle for himself and
<br />far each of hie subcontractors.
<br />VII. SUBLETTING OR ASSIGNING THE CONTRACT
<br />1. The contractor shell perform with hie own organization con•
<br />Batt work amounting to not leas than 50 percent of the original
<br />total contract price, except that any items designated by the
<br />State ea "Specialty Items" may he performed by subconvnct and
<br />the amount of any each "Specialty Items" so performed may be
<br />deducted from the originol total contract price before computing
<br />the amount o! work required to be performed by the contractor
<br />with hie own orgeairrztioa
<br />a "Hie own organization" shall be construed to include only
<br />workmen employed and pa[d directly by the prime contractor and
<br />equipment owner ar rented by him, with or without operators.
<br />b. "Specialty Items" shall be construed to be limited to work
<br />that requires higbly specialized knowledge, craftsmanship or
<br />equipment not ordinarily evailoble in contracting organization.
<br />qualified. to bid on the contract as a whole end in general arc to
<br />be limited to minor components of the overall, contract.
<br />2. In addition to the 50 percent requirement set forth in pnra-
<br />grnph 1 above, the cnatractor shall furnish (a) a competent super
<br />intendant or foreman who is employed by him, who has full au•
<br />charity to direct performance of the work in accordance with the
<br />contract requirements, and who is in charge of all construction
<br />operations (regardless of who performs the workl, and (b) sucfi
<br />other of his own organisational capability and responsibility (su•
<br />perviaion, management, and engineering ~ serviml as the Swte
<br />highway department contracting oRxer determines is necessary to
<br />assure the performance of the contract,
<br />3. The controct amount upon which the SO percent requirement
<br />set forth in paragraph 1 is computed includes the cost of materials
<br />end manufactured products which are to be purchased or produced
<br />by the contractor under the contract provisions
<br />4. Any Items that have been selected as "Specialty hrm~' for
<br />the contrart an listed as such in the Special Provisions, bid
<br />:ochcdule, or elsewhere in the contract documents.
<br />5. No portion of the contract shell be sublet, assigned or other
<br />wise disposed of except with the written consent of the State high•
<br />
<br />way department rontrauing officer, or his muhorized represrnta•
<br />tire, and such consent when given shall not be construed to
<br />relieve the contractor of anq respon,ibility far the hdfillment of
<br />the contract. Request for Permission to -abler, assign, or other
<br />wise dispose of any portion of the contract shall be in writing
<br />and accompanied Ly (a) a showing that the organization which
<br />will perform the work is particularly ezperienced and equipped
<br />Sor such work, and (by an assurance by the contractor that ihr,
<br />labor standards prmisions set forth in this contrart shall apply
<br />[o labor perfot mad on all wmk encempaseed.by the request.
<br />VNI. SAFETY; ACCIDENT PREVENTION
<br />In the performance of this contract. the wnlractor shall comply
<br />with all applioabl< Fede: al, State and local Inws governing safety,
<br />health and sanitation. Thr, contractor shall provide all safeguards,
<br />safety devices and protertivc equipment and take any other needed
<br />actions, on his own responsibility, or a. the State highway deperF
<br />meat contracting officer may determine, reasonably necessary to
<br />protect the life end heeltb c( employees on the job and the safety
<br />of the public and to protect property in connection with the per
<br />formance o! the work covered by the wntrnut.
<br />It is a condition of this contract, and shall be made a condition
<br />of each sttbuontract entered into pursuant to this contract,
<br />that the contractor end any subcontractor shell not require any
<br />laborer or mechanic employed in performance of the contract to
<br />work in surroundings nr under working conditions which are um
<br />eanitery, harardous, ur dangerous to his health or safety, as deter
<br />mined under construction safety and health etandarda (Title 29,
<br />Code of Fcdera! Regulations, Pen 1926, formerly Part 1518, ee
<br />revised from time to timel, promulgated by the United States
<br />Secretary of Labor, in accordance with Section 107 of the Cora
<br />tract Wark Hours and Safety Smndards Act (93 Stat. 96).
<br />{X. FALSE STATEMENTS CONCERNING HIGHVIAY
<br />PROJECTS
<br />In Hider to as+ttre high quality and dure6le construction in eon•
<br />Inrmily with approved plans and sperifiratiens and a high degree
<br />of reliability an stutemenb and representations made Ly engineers,
<br />contractors, supplies, and workers on Fedarahaid highway project6
<br />it is essential that al! persons concerned with the project perform
<br />their functions as carefully, thoroughly, and horteatly as poseibla
<br />Willful falsification,~diatortion, or misrepresentation with respect
<br />to any facto related to the project it a violation of Federal law.
<br />To prevent any misunderetandittg regarding the seriouanesa o{
<br />theca and similar acts, the following notice shall be posted an
<br />each Federa4aid highway project in one or more places where it
<br />is readily avafleble to all personnel concerned with the project:'
<br />•' r
<br />NOTICE TO ALL PERSANNEL ENGAGED ON
<br />FEDERAL-AID HIGHWAY PROJECTS
<br />Title 18, United Staten Code, Section 1020, reads as follows:
<br />"Whoever, bring an officer, agent, or employee of the United
<br />States, or of any Starr. or, Territory, or wlwerer, whether a person,
<br />association, firm, or empm orlon, knowingly makes any false etatr~
<br />meat, false rcpresemation, or false report as to the character,
<br />quality, quomity, or cost of the material used or to be uxd, or the
<br />quantity or quality of the work performed or to he performed, or
<br />the casts thereof in ennnection with the submission of plans, maps,
<br />specifications, contracts, or costs of construction on any highway
<br />or related project submitted for approval to the Secretary of
<br />Transportation; or .
<br />"Whoever knowingly makes any false ,tatement, false represem
<br />cation, false report, or false claim with respect to the character,
<br />quality, quantity, or cost of any work performed or to be per
<br />formed, or materials furnished or to be furnished, in connection
<br />with the construction of any highway or related project approved
<br />.by the Secretary of Transporation; or
<br />"Whoever knowingly makes any false statement or false raper
<br />senration as to a material fact ir, any statement, certificate, or
<br />Form PR-1273 {Rav. 4-751 Page 5
<br />
|