1 If utility lines are determined to be in conflict with or are damaged during the work, stop work in the immediate area, notify the utility or pipeline company immediately, and cooperate with the owner to move or repair the utility.
107.13.3 Safety
1 Advise laborers and equipment operators whenever work will occur near high voltage power lines or underground utilities, and warn them to use caution. Before beginning any work, or a major change in operation, schedule a safety conference with the engineer at a mutually agreeable time to discuss safety issues and policies. Ensure that appropriate subcontractors attend the conference.
107.13.4 MEASUREMENT and PAYMENT
1 The department will measure and pay for work required to locate utilities as force account work in accordance with Subsection 109.4.4, Force Account.
107.13.5 Department Utility Work
1 The department may construct, access, or work on a department utility any time if it is located in a right-of-way under the jurisdiction of the department, a municipality, or a county. 2 The department may grant permits enabling other parties to construct, access, or work on any utility any time within the right-of-way. The engineer may direct the contractor to make repairs due to such activities. Payment for such extra work will be in accordance with Subsection 109.4, Extra and Force Account Work. For delays caused by the utility work, the engineer may make an extension to the contract completion date in accordance with Subsection 108.6, Extension to the Contract Completion Date. SECTION 108 Prosecution and Progress 108.1 Subletting of Contract 108.1.1 Contractor’s Required Participation 1 The contractor is responsible for completion of the project as specified; no subcontract releases the contractor from contract obligations. Perform work equaling at least 30 percent of the value of the original contract amount. Purchasing materials or placing employees on contractor’s payroll for subcontracted work will not be considered as part of the 30 percent. In computing the contractor’s required participation, the department will exclude the value of designated “specialty items” from the contract amount and the subcontracted amount. 108.1.2 Subcontracts and Subcontractors 1 With the State Construction Engineer’s written approval, the contractor may sublet portions of the contract. In turn, subcontractors may sublet to lower tier subcontractors, but no subcontractor at any tier may sublet more than 70 percent of the value of the work for which it has subcontracted. 2 Submit subcontract requests to the State Construction Office for approval before the start of subcontracted work, and for every subcontractor at every tier, in the department’s Construction Management System (CMS). Include a copy of the subcontract agreement. For Federal Aid projects, include the “Equal Employment Opportunity Affidavit” (Form FR-2200) and FHWA 1273. 3 With each subcontract request, submit proof of workers’ compensation, employers’ liability insurance, and unemployment insurance in accordance with Subsection 107.4, Contractor’s Insurance Requirements. The department will not approve requests without this documentation. Do not allow a subcontractor to work until the department has approved the subcontract. Work performed without an approved subcontract will be designated as unacceptable work in accordance with Subsection 105.1, Authority of the Engineer. The engineer will suspend work by a subcontractor without an approved subcontract. Submit to the department’s Civil Rights Office the DBE Notification of Intent to Subcontract, Federal-Aid Projects (Form DBE-2), for each disadvantaged business enterprise committed to in the contract. No subcontracts will be approved until all Form DBE2 paperwork has been received. Prosecution and Progress