107.03 Legal Relations and Responsibility To Public
The provisions of this section are additional to, and run concurrent with, any maintenance or warranty bonds required by the Contract.
107.01 Laws, Rules, and Reg Ulations To Be Obser Ved
Observe the following, and the effects of the following on individuals engaged or employ ed on the project or the conduct of the work on the project: Federal and State laws; Local laws and ordinances; and Regulations, orders, and decrees of bodies or tribunals having jurisdiction or authority. Protect and indemnify the Department and its representatives against any claim or liability arising from the violation of any of the above bulleted items, whether violated by the following parties or any of their employees: Contractor, Subcontractors, Suppliers of materials or services, or Other companies engaged by the Contractor. Comply with federal, State, and local laws, rules, and regulations that set forth unlawful employment practices including that of discrimination because of race, religion, colo r, sex, or national origin, and that define actions required for Affirmative Action and Minority (Disadvantaged) Business programs. If the Contractor discovers any discrepancy or inconsistency between the Contract and any law, ordinance, regulation, order or decree, except as noted in Subsection 107.04, “Federal Aid Participation,” immediately submit written notification to the Resident Engineer.
107.02 Permits and Licenses
The Department does not require the Contractor to obtain work permits or licenses from local governmental agencies for operations related to the prosecution of the work within the project right -of- way. Contact all local governmental agencies with jurisdiction within the project limits to determine if local stormwater permits are required.
107.03 Patented Devices, Ma Terials, and Process Es
If the Contractor uses designs, devices, materials, or processes covered by letters of patents, copyrights, or trademarks, provide a suitable legal agreement with the patentee or owner. The Contractor and Surety shall indemnify and save harmless the Department, the State and any political subdivision, and any affected third party from any and all claims (including costs, expenses, and damages the Department may be obli ged to pay) for infringement on such patents, copyrights, or trademarks during the prosecution of the work or after completion of the project. LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 107.06
107.04 Federal Aid Particip Ation
If any Contract provision on a federal -aid project conflicts with federal laws, rules, or regulations, the federal requirements shall prevail, take precedence, and be in force over and against any conflicting provision. For federal -aid projects, the Department will administer the Contract but the appropriate officials of the federal g overnment shall have the right to inspect and approve the work without the federal government becoming party to the Contract.
107.05 Public Convenience A Nd Safety
Minimize obstructions to traffic in accordance with Subsection 104.07, “Maintenance of Traffic,” provide for the safety and convenience of the public, and protect property adjacent to or near the project. The Contractor may not close any public road unless approved or directed by the Resident Engineer. Do no t sever or remove existing fence or make alteration to fences required by the Contract until approved by the Resident Engineer. Temporary fences, when required to control livestock, shall be suitable for the purpose intended. Provide temporary fences us ed for the convenience of the Contractor at no additional cost to the Department. If the Contractor does not comply with these requirements, the Resident Engineer may issue a Shut Down Order, and may do such work as necessary for the safety of the public. 7.05 The cost for any work performed by the Department will be deducted from any monies due the Contractor.
107.06 Barriers, Barricades , and Warning Signs
The Contractor is responsible for the following: Providing, erecting, and maintaining barriers, barri cades, lights, temporary signals, signals, signs, warning signs, and other traffic control and safety devices to control and direct traffic; Taking necessary precautions to protect the work and safety of the public; Protecting highway sections closed to tr affic using effective barriers and barricades; Clearly delineating obstructions to the normal flow of traffic during darkness; Erecting warning signs before operations that may interfere with the use of the road by traffic, and at locations where new work crosses or coincides with an existing road; Placing and maintaining warning signs in accordance with the traffic control plan and the Contract; and Not dismantling or removing barriers, barricades, lights, temporary signals, signals, signs, warning signs, or other traffic control and safety devices without prior direction or approval by the Resident Engineer. Ensure barriers, barricades, lights, temporary signals, signs, warning signs, and other traffic control and safety devices are in accordance with the MUTCD and Section 880, “Traffic Control.”
107.08 Legal Relations and Responsibility To Public
107.07 Use of Explosives
If using, handling, loading, transporting, or storing explosives or blasting agents, follow all applicable laws and ordinances, including the Oklahoma Explosives and Regulation Act, 63 OS 2001, Section 121.1 et seq. and corresponding rules and regulations of the Oklahoma Department of Mines, the State Fire Marshall, and the Department of Public Safety. If the use of explosives is necessary for the prosecution of t he work, exercise care to protect life, property, and completed work. Assume all risks and be solely responsible for all damages resulting from the use or storage of explosives on the project. Store explosives in a secure manner and clearly mark all sto rage places with the phrase, “Dangerous Explosives.” If no local laws or ordinances apply, store explosives in accordance with Occupational Safety and Health Act (OSHA) regulations, and no closer than 1,000 ft [300 m] from any place of human occupancy. Provide, in advance, written notification to the Resident Engineer, adjacent property owners, and public utilities and railroads having facilities adjacent to the site of the work, of its intentions to use explosives including the location, date, time, and approximate duration of the blasting. The Department requires the Contractor to provide this notification, sufficiently before the blasting, to allow the property owners and utility and railroad companies to take any steps, as they may deem necessary, to protect their property from damage. Erect suitable warning signs to alert the public on all roads in the immediate vicinity of blasting operations. The signs shall include instructions to turn off all portable radio transmitters, cellular telephonic devi ces, and any other electronic transmitting device while in the vicinity. The Department considers “vicinity” to be the total length of the blast area plus one additional mile from each end of the blast area. If necessary or required by the Contract, cont rol traffic using flaggers and guards in the blasting danger zone.
107.08 Protection and Resto Ration of Property A Nd Landscape
Preserve public and private property during the prosecution of the work and not move, disturb, or damage land monuments and prop erty marks until directed by the Resident Engineer. The Contractor is responsible for damage to public or private property resulting from any of the following: Acts, omissions, neglect, or misconduct in the Contractor’s method of performing the work, Defec tive work or materials, or Non -performance of the Contract. The Contractor is responsible for restoring damaged property to a condition similar or equal to that existing before the damage occurred, at no additional cost to the Department. LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 107.09
107.09 Protecti On of Archeological and Unmarked Human B Urial Sites
Observe all laws and regulations on construction sites and when establishing off -site facilities, including plant sites, borrow pits, waste areas, haul roads, storage sites, parking areas, and similar are as associated with the acquisition, production, and delivery of borrow material and related road building materials.
A.Project/Construction sites Review and observe all plan notes regarding the avoidance of historic properties or archaeological sites w ithin a project location. When on -site monitoring is stipulated, coordinate with ODOT Cultural Resources Program prior to the initiation of construction activities. Whenever encountering human remains, the remains of prehistoric dwelling sites, or prehis toric or historic age artifacts during construction operations on the project site, immediately cease the operation at the location of the find and notify the Resident Engineer, who will contact the ODOT Cultural Resources Program. In the event of a disco very of human remains or archaeological materials within a construction site, each location will be assessed by ODOT Cultural Resources Program staff prior to resuming construction activities. ODOT Cultural Resources Program will notify the Resident Engin eer once a location has been assessed and the work can continue. ODOT Cultural Resources Program will coordinate with the appropriate State, Federal, or Tribal authorities for the disposition, preservation, and curation of any artifacts or materials excav ated from within project areas. If the construction operation is delayed due to archaeological finds, the Department will compensate the Contractor only with an extension of time commensurate with the amount of delay involving items on the critical path. Monetary compensation will not be allowed for these purposes.
B.Off-site facilities and locations Contact the ODOT Cultural Resources Program to review all intended locations of off -site facilities for archaeological significance by providing a legal des cription for these locations to the nearest ¼ of ¼ section (40 acres) and a location map. Allow up to 10 working days for the archaeological file search. If the ODOT Cultural Resources Program staff determines a location to be of potential or establish ed archaeological significance requiring further investigation, obtain an alternate location for the source of borrow material or offsite facility. Provide the results of archaeological file search along with the site location to the Resident Engineer for all offsite facilities. Whenever encountering human remains, the remains of prehistoric dwelling sites, or prehistoric or historic age artifacts during construction operations on a previously reviewed and coordinated off -site facility, immediately cease the operation and notify t he Resident Engineer, who will contact the ODOT Cultural Resources Program. ODOT Cultural Resources Program will coordinate with the appropriate State, Federal, or Tribal authorities for the disposition of any artifacts or materials excavated from the off-site facility. The Contractor will need to find an alternate source of material. If the authorities require the contractor to rebury the artifacts before moving to an alternate site, the Department will pay for this work within construction site as extr a work and adjust the Contract in accordance with Subsection 109.04, “Differing Site Conditions, Changes, and Extra Work. ” If the construction operation is delayed due to archaeological finds in an off -site facility, the Department will compensate the Contractor only with an extension of time commensurate with the
107.12 Legal Relations and Responsibility To Public
amount of delay involving items on the critical path. Monetary compensation will not be allowed for these purposes.
107.10 Forest, Park, and Pu Blic Land Protection
Perform work within or adjacent to a State or National Forest in compliance with the regulations of the Oklahoma State Fire Marshal, Oklahoma Conservatio n Commission, Oklahoma Department of Agriculture, Food, and Forestry - Forestry Services, United States Department of Agriculture - Forest Service, and other authorities having jurisdiction governing the protection of forests. If performing work within or adjacent to State or National Forests, Parks, or Public Lands, comply with all regulations of the Oklahoma State Fire Marshal, Oklahoma Conservation Commission, Oklahoma Department of Wildlife Conservation, Oklahoma Department of Agriculture, Food, and Fo restry - Forestry Services, United States Department of Agriculture - Forest Service, or other authority having jurisdiction governing the protection of forests. Keep the areas in an orderly condition, dispose of all refuse, obtain permits for the constr uction and maintenance of all construction camps, stores, and other structures in accordance with the requirements of the duly authorized official. The Contractor and its employees and subcontractors shall take all reasonable precautions to prevent and sup press forest fires and to notify a Forest official immediately of the location and extent of any fires.
107.11 Third Party Benefici Ary Clause
It is specifically agreed between the parties executing the Contract that it is not intended by the Contract provi sions to create a third party beneficiary or to authorize anyone else to maintain a suit for personal injuries or property damage pursuant to the provisions of the Contract.
107.12 Responsibility for D Amage Claims
Protect, indemnify, and save and hold har mless the State of Oklahoma, the Commission, the Department, and their officers, agents, and employees from all suits, actions or claims of any kind or character brought because of injuries or damages received or sustained by any person, persons, or proper ty on account of any operations of the Contractor, its agents, employees, and subcontractors, or any others authorized by the Contractor to perform work on the project. Carry insurance of the following kinds and amounts on the Contract:
A.General The ins urance hereinbefore specified shall be acquired from State of Oklahoma licensed insurance companies to provide such coverage in the State of Oklahoma, and shall be maintained in full force and effect during all times when work is being performed under the terms of the Contract, until all work required to be performed under the Contract is deemed as completed by the Resident Engineer in accordance with Subsection 105.17, “Project Completion and Acceptance. ” Provide to th e Department certificates of insurance showing that the Contractor is carrying insurance in at least the specified minimum amounts. Said certificates shall further provide that said insurance will not be cancelled by the insurer without the insurer first giving the Department 30 calendar days written notice of cancellation. LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 107.12 Do not cause any insurance policy to be cancelled or permit it to lapse and all insurance policies shall include an endorsement to the effect that the insurance policy or certificate s hall not be subject to cancellation or to a reduction in the required limits or liability or amounts of insurance until notice has been mailed to the Department, stating the date when such cancellation or reduction shall be effective, which date shall not be less than 30 calendar days after such notice. If the Contractor cancels, allows to lapse, does not renew or in any way does not keep the project specific liability insurance policy or any other required insurance policy in full force and effect, the De partment will suspend all progress and/or final payments for the project until the required insurance is obtained. Further, the Department may deem the Contractor ineligible to bid on future projects in accordance with Subsection 102.04, “Refusal of Proposals.” Provide the Department with copies of Certificates of Insurance evidencing coverage as to commercial general liability and worker’s compensation and employer's liability with the signed Contract for inclusion in the contract file. Failure to submit Certificates of Insurance with the executed Contract and bonds will result in a default under the terms of the proposal guaranty and may result in forfeiture by the Contractor of the guaranty sum.
B.Contractor’s Publ ic Liability and Property Damage Liability Insurance Obtain an insurance policy that provides commercial general liability coverage to a specific project by project number, for each project awarded by the Department to the Contractor. Provide a Certific ate of Insurance to the Department that, with respect to the work to be performed by the Contractor under the insured Contract, the Contractor carries regular Contractor’s Public Liability Insurance providing for a combined amount of at least $1,000,000 of coverage for all damages arising out of bodily injury, death, and property damage for each occurrence with an aggregate limit of $2,000,000 for the term of the policy or as otherwise required by the proposal forms. For projects requiring railroad protect ive insurance policies, refer to the special provisions of the Contract for additional limits of public liability coverage that may be required. Have the Department named as an additional insured pursuant to 61 O.S. Section 113(B)(4) on the Contractor’s Public Liability and Property Damage Liability Policy to the extent of the State’s liability under the provisions of the Governmental Tort Claims Act 51 O.S. Section 151 et seq., for payment of any amounts the Department may become legally obligated to pay . Currently, the limits provided by the Governmental Tort Claims Act are $25,000 for property damage, $175,000 for any claimant for a claim arising out of a single occurrence or accident and an aggregate amount of $1,000,000 for all claims arising out of a ny single occurrence or accident. The Contractor may acquire such additional insurance as the Contractor deems appropriate either through the separate policy specific to the project or through a general liability policy. In no event shall the Contractor endorse the Department on a blanket general liability policy or for coverage that exceeds the limits of the Governmental Tort Claims Act on a separate project specific policy.
C.Insurance for Subcontractor’s and Contractor’s Protective Public Liability an d Property Damage Liability Insurance If the Contractor subcontracts or assigns any of the work, or if the work is otherwise to be performed by anyone other than the Contractor’s own employees, then such insurance shall cover all operations of any such con tractor of any tier and shall be maintained until project completion.
107.14 Legal Relations and Responsibility To Public
D.Workers’ Compensation Insurance and Employers’ Liability Insurance Provide Certificate of Insurance to the Department that, with respect to the work, the Contractor carries regular W orkers’ Compensation and Employers’ Liability Insurance covering the Contractor's liability under the Workers’ Compensation Law of the State of Oklahoma. Maintain the insurance in full force and effect until project completion.
E.Railroads’ Protective L iability and Property Damage Insuranc e In addition to the above, provide Certificate of Insurance to the Department that, with respect to the work, the Contractor has provided for and on behalf of the railroad company(ies) involved, Protective Public Liabi lity and Property Damage Liability Insurance in an amount as may be required by the railroad company as specified in the proposal forms. Policies shall not include liability for negligence on the part of the railroad company, its agents or employees, exce pt as set out in Coverage A, Coverage B, or Coverage C of the form of policy, or amendments thereto, referred to under Subsection 107.12.F, “Form of the Railroad Protective Liability Policy.” This insurance applies t o each and all railroad companies involved in the work.
F.Form of the Railroad Protective Liability Policy For uniformity, the AASHTO, with the help of the AAR, the FHWA, the National Bureau of Casualty Underwriters of New York, and the Mutual Insurance Rating Bureau of New York, has drafted the Standard Provisions for General Liability Policies, Railroad Protective Liability Form (State or Federal Highway Projects). Provide the original and one copy of the Railroad Protective Liability Policy and two co pies of Certificate of Insurance, indicating the amounts of coverage in effect, to the Department, for submission to the Railroad Company for approval. For Contracts that contain a Right -of-Entry Agreement provision and the Contractor submits the original policy directly to the Railroad Company, provide two copies of the policy to the Department. Any questions by the Contractor or the Surety regarding this insurance should be directed to: Rail Programs Division 200 Northeast 21st Street Oklahoma City, Okla homa 73105
107.13 Personal Liability O F Department Employe Es
The Department’s authorized representatives are acting solely as agents and representatives of the Department when carrying out and exercising the power or authority granted to them under the Con tract. While acting within the scope of their employment, Department representatives shall not be liable for actions taken on behalf of the Department, either personally or as Department employees.
107.14 No Waiver of Legal R Ights
The Department shall not be precluded or estopped by any measurement, estimate, or certificate made either before or after the completion and acceptance of the work and payment therefore, from showing the true amount and character of the work performed and materials provided by t he Contractor, LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 107.15 nor from showing that any such measurement, estimate, or certificate is untrue or is incorrectly made, nor that the work or materials do not, in fact, conform to the Contract. The Department shall not be precluded or estopped, notwithstandi ng any such measurement, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor or sureties, or both, such damage as it may sustain by reason of Contractor’s failure to comply with the terms of the Contract. Neit her the acceptance by the Department, or any representative of the Department, nor any payment for, or acceptance of, the whole or any part of the work, nor any extension of time, nor any possession taken by the Department, shall operate as a waiver of any portion of the Contract, or of any power herein reserved, or of any right to damages. Acceptance shall be final and conclusive except as otherwise provided in the specifications, or as in regards latent defects, or frauds, or such gross mistakes as may a mount to fraud, or as regards to the Department’s rights under any warranty or guaranty. Latent defects are nonconformities included in the completed Contract work that were not visible or apparent at the time of construction and remained hidden and dorma nt until discovery of the nonconformity. Upon discovery of a disputed nonconformity in the completed Contract work, which the Department has designated as a Latent Defect, the Department and Contractor agree to submit to arbitration whether or not the dis puted nonconformity in the Contract work is a Latent Defect. The arbitration shall be administered in accordance with the dispute resolution procedure, as incorporated in the Contract. A waiver of any breach of the Contract shall not be held to be a waiv er of any other or subsequent breach. Nothing contained in this section shall operate as a waiver or extension of any applicable statute of limitations with respect to the time within which an action may be brought for the breach of a Contract.
107.15 Haz Ardous Material
Observe all laws and regulations when establishing off -site facilities, including plant sites, borrow pits, waste areas, haul roads, storage sites, parking areas, and similar areas associated with the acquisition, production, and delivery o f borrow material and related road building materials. If the Contractor encounters or exposes any abnormal condition indicating the presence of a hazardous material or toxic waste, immediately suspend the work in the area and notify the Resident Engineer. The Contractor may continue the work in unaffected areas of the project, unless otherwise directed by the Resident Engineer. Abnormal conditions include, but are not limited to, the presence of the following: Barrels, drums, tanks, or other chemical cont ainer; Noxious odors emanating from the soil or water table; Excessively hot earth or smoke indicating a possible chemical reaction; Stained or oily soil or groundwater; or Any other condition that shows a hazardous material or toxic waste. Treat these co nditions with extreme caution and shall not attempt work without appropriately trained, qualified, and equipped personnel. If disposing of the hazardous material or toxic waste, comply with all applicable local, State, and federal rules and regulations. T he disposal work may be performed by the Contractor under a supplemental agreement to the Contract or by the Department.
107.20 Legal Relations and Responsibility To Public
107.16 Protection of Wetlan Ds
Obey all laws and regulations when establishing off -site facilities, including plant sites, borrow pits, waste areas, haul roads, storage sites, parking areas, and similar areas associated with the acquisition, production, and delivery of borrow material and related road building materials. Do not construct or locate off -site facilities in areas designated a s jurisdictional waters or wetlands by the USACE before written approval of the USACE. To gain approval, do the following: If the offsite facility is located at or near a blue line on a USGS quad map, contact the Regulatory Branch of the USACE (phone, 918-669-7400) to determine whether the facility will be on jurisdictional waters or wetlands. Present the entire plan for off -site facilities and site restoration to the USACE and request approval for proposed location of off -site facilities Send a copy of the USACE approval to the Resident Engineer before beginning off -site activities. If the project lies in an area designated as jurisdictional wetlands on plans, do not disturb the area between the limits of construction and the right -of-way line without prior approval of the Resident Engineer, and adhere to the requirements of permits inc luded in the Contract and Plans .
107.17 Navigable Airspace
Comply with federal laws, rules, and regulations pertaining to constructing, erecting, or installing objects, temporary or permanent, that could potentially affect navigable airspace, including on -site and off-site facilities.
107.18 Navigable Waterways
Perform work over, on, or adjacent to navigable waters without interfering with free navigation of the waterways or impairing the existing navigable depths, except as allowed by permit issued by the U.S. Coast Guard or the USACE, as applicable.
107.19 Regulated Floodways
Perform work within regulated floodways in compliance with the requirements of permits issued by the Federal Emergency Management Agency (FEMA), USACE, or other applicable agencies.
107.20 Storm Water Manageme Nt
The Contractor is responsible for complying with the requirements of Sections 401 and 404 of the Clean Water Act (Title 33 U.S.C. 1251 et seq.) and the Oklahoma Department of Environmental Quality (ODEQ) General Permit for Construction Activities concerning Storm Water Management. Submit the Notice of Intent (NOI) to the ODEQ and/or other designated municipal authority to obtain th e Authorization to Discharge storm water runoff from the project. The Department will develop the original Storm Water Management Plan (SWMP) as part of the Plans. The original SWMP is for preliminary planning and guidance only. The Contractor is respons ible for reviewing the SWMP and developing the Storm Water Pollution Prevention Plan (SWPPP) in accordance LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 107.22 with Subsection 220.04.C, “Contractor Responsibilities for SWPPP,” to conform to actual conditions encountered on the Project. Use good construction industry practices and ensure the waterways receiving storm water run -off from the Project are protected from siltation and other forms of Project originated pollutants. For Projects that do not include a specific SWMP, use the applicable portion of the Plans, Special Provisions and the Standard Specifications for the SWPPP. The Contractor is responsible for implementing the SWPPP for the Project and for initiating modifications to the original permit connected with the location of the Contractor's storage yard, plant sites, and borrow areas, located on or off the right -of-way. Protect and hold harmless the State of Oklahoma, the Department, and the officers, agents, and employees of both, from all suits, claims, o r administrative actions of any kind or character, alleging damages or harm to the environment, any adjoining lands, or receiving waterways due to improper storm water management. Upon completion of soil -disturbing activities and when permanent erosion con trol measures have stabilized the Project to at least 70 percent of native background cover, submit to the ODEQ a Notice of Termination (NOT) in accordance with Subsection 220.04.F, “Notice of Termination (NOT).” Ensure compliance with the requirements of the NOT.
107.21 Wildlife Protection
Comply with all applicable laws and ordinances protecting threatened and endangered species, migratory birds, and water quality, including the Endangered Species Act (Title 50 CF R Part 402), the Migratory Bird Treaty Act (Title 16 U.S.C. Chapter 7, Subchapter II), and Sections 401 and 404 of the Clean Water Act (Title 33 U.S.C. 1251 et seq.). Post on site an illustrated list of all known threatened and endangered species identif ied in the Contract. If evidence of any such species is encountered on the Project or at a proposed off -site facility, suspend work in the area and notify the Resident Engineer, who shall contact the Department’s biological authorities for an assessment. The Department shall have 10 working days to evaluate the finding. If the Department determines that the activity may affect a listed threatened or endangered species, comply with any requirements and regulations of the United States Fish and Wildlife Se rvice to avoid jeopardizing the species.
107.22 Project Records
Maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred in the prosecution of the Work during the Contract period and for three years from t he date of execution of the Final Estimate. All such records and materials shall be made available at Contractor’s offices during normal business hours for inspection by the Department, the State Auditor and Inspector, and, if a federal -aid project, by re presentatives of the relevant federal government agency, the FHWA, and the United States Department of Transportation. Provide the Department with copies of all such records and materials upon request. Failure to cooperate with either State of federal a uthorities may result in refusal to issue proposals in accordance with Subsection 102.04, “Refusal of Proposals.”
108.01 Prosecution and Progress
SECTION 108 PROSECUTION AND PROGRESS
108.01 Subletting of Contract
The Department will not allow the Contractor to sublet, sell, assign, or otherwise dispose of the Contract, or any portion thereof, or any of the Contractor's rights, title, or interest therein without the written or electronic consent of the S tate Construction Engineer or an authorized representative. Perform at least 50 percent of the Contract amount, based on the contract unit prices, using its own organization, unless the Contract allows a greater percentage. The Department will consider t he Contractor's own organization to include only workers employed and paid directly by the Contractor, equipment owned or rented by the Contractor, and materials purchased by the Contractor for its use in performing Contract work. This does not include em ployees, equipment, or materials purchased by or incorporated into work of any subcontractor, assignee, or agent of the Contractor. The Department considers the use of entire work crews or major components of work crews and equipment of another contractor to be subcontracting, subject to approval by the Resident Engineer. The Department will not allow the Contractor to include another contractor’s work crews, or major components of such work crews, on the Contractor’s certified payroll. At any location w ithin the project where work is in progress by either the Contractor or an approved subcontractor, have a competent superintendent or supervisor who is an employee of the Contractor responsible for all construction operations, and who has full authority to direct performance of the work in accordance with Contract requirements. All subcontracts shall incorporate the Contract, either by physical inclusion or by reference. All subcontracts shall incorporate and include all Federally imposed requirements pert aining to equal opportunity, disadvantage business opportunity, Title VI of the Civil Rights Act of 1964, the Davis -Bacon Act, prompt payment to subcontractors, service companies, service providers, or material suppliers (49 C.F.R. § 26.29) and such other requirements as may be contractually imposed. The Department reserves the right to inspect all subcontract documents. Make all subcontracting documentation available for inspection at his/her usual place of business during normal business hours. Have subcontractors, service companies, or material suppliers acknowledge the inclusion of a FHWA Form 1273 as part of their agreement with the Contractor. The Department will approve subcontracts only for entire contract pay items required by the Contract by specified unit price and shall include all labor, equipment usage, materials, and manufactured products necessary to complete the unit. The Department will determine the value of subcontracted work using the contract bid price of the subcontracted work uni t. Obtain approval of each subcontract before the start of the work included in the subcontract. The Department will not allow “labor and equipment only” or “labor only” subcontracts, unless otherwise required by the Contract. The Department may not pa y for work performed by an unapproved subcontractor. The Department will not recognize or approve second or third tier subcontractors. The Contractor and approved subcontractors may retain and use the services of “Specialized Service Providers” if such se rvices are reasonably necessary for the performance of Contract work and if approved by the Resident Engineer.
Source: Oklahoma Standard Specifications for Highway Construction, 2019 Edition. Pages 84–93 of 935.