Published by department of transportation
-1.07 LEGAL ACTIONS AGAINST THE DEPARTMENT
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- 7-1.07B Seal Coat Claims
- 7-1.08 PERSONAL LIABILITY
- 7-1.09–7-1.10 RESERVED
- 7-1.11B FHWA-1273
- 7-1.11C Female and Minority Goals
- 7-1.11D Training
7-1.07 LEGAL ACTIONS AGAINST THE DEPARTMENT7-1.07A GeneralIf legal action is brought against the Department over compliance with a State or federal law, rule, or regulation applicable to highway work, then: 1. If the Department in complying with a court order prohibits you from performing work, the resulting delay is a suspension related to your performance, unless the Department terminates the Contract. 2. If a court order other than an order to show cause or the final judgment in the action prohibits the Department from requiring you to perform work, the Department may delete the prohibited work or terminate the Contract.
1. 10 percent of the total bid 2. Damage occurring between the 1st day of screening spreading and 4 days after the last day of screening spreading for each seal coat location
1. Process and resolve all claims reported or submitted to you by the public as follows: 1.1. Within 3 business days of receipt of a claim, submit to the Department a copy of the claim, a written analysis of the claim, and a statement indicating whether or not you will pay the claim. If you reject a claim, provide the reasons for rejection in writing. 1.2. If the claimant becomes dissatisfied with your handling of the claim, immediately refer the claimant to the local district claims office for assistance in resolving the claim. 2. Submit to the Department evidence of your paid claims.
1. The claims are processed as formal government claims subject to all laws and policies and are resolved as the Department determines including referring the claim to you for handling. 2. If the Department or the State Board of Control approves settlement of a claim or is ordered to pay pursuant to a court order, the claim is paid from funds withheld from you. 3. Within 3 business days of the Department’s determination that you are responsible for resolving the claim, the Department sends a copy of the claim to you for resolution or notifies you of the Department’s decision to resolve the claim. The Department withholds an amount not to exceed 5 percent of the total bid to resolve all claims. The amount is held no longer than 60 days following the last spreading of screenings so that the Department has ample time to resolve any pending claims. After 60 days, any remaining amount withheld is returned to you. If no withheld funds remain or have been returned, the Department may pay any claims and seek reimbursement from you through an offset or any other legal means. Any reimbursement or offset to be recovered from you, including all other paid claims, is limited to 10 percent of the total bid. Section 7-1.07B does not limit your obligation to defend and indemnify the Department.
7-1.11 FEDERAL LAWS FOR FEDERAL-AID CONTRACTS7-1.11A GeneralSection 7-1.11 includes specifications required in a federal-aid construction contract and applies to a federal-aid contract. A copy of form FHWA-1273 is included in section 7-1.11B. The training and promotion section of section II refers to training provisions as if they were included in the special provisions. The Department specifies the provisions in section 7-1.11D of the Standard Specifications. If a number of trainees or apprentices is required, the Department shows the number on the Notice to Bidders. Interpret each FHWA-1273 clause shown in the following table as having the same meaning as the corresponding Department clause:
7-1.11B FHWA-1273
7-1.11C Female and Minority GoalsTo comply with section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the Department is including in section 7-1.11C female and minority utilization goals for federal-aid construction contracts and subcontracts that exceed $10,000. The nationwide goal for female utilization is 6.9 percent. The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as shown in the following table:
For each July during which work is performed under the Contract, you and each non-material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15. 7-1.11D TrainingSection 7-1.11D applies if a number of trainees or apprentices is shown on the Notice to Bidders. As part of your equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved. You have primary responsibility for meeting this training requirement. If you subcontract a Contract part, determine how many trainees or apprentices are to be trained by the subcontractor. Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training. Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the availability of journeymen in the various classifications within a reasonable recruitment area. Before starting work, submit: 1. Number of apprentices or trainees to be trained for each classification 2. Training program to be used 3. Training starting date for each classification Obtain the Department's approval for this submitted information before you start work. The Department credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes enrolled in an approved program. The primary objective of section 7-1.11D is to train and upgrade minorities and women toward journeymen status. Make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area. Show that you have made the efforts. In making these efforts, do not discriminate against any applicant for training. Do not employ as an apprentice or trainee an employee: 1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman 2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
In your training program, establish the minimum length and training type for each classification. The Department and FHWA approves a program if one of the following conditions is met: 1. Program is calculated to: 1.1. Meet your equal employment opportunity responsibilities. 1.2. Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period. 2. Program is registered with the US Department of Labor, Bureau of Apprenticeship and Training and it is administered in a way consistent with the equal employment responsibilities of federal-aid highway construction contracts. Obtain Department approval for your training program before you start work involving the classification covered by the program. Provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower-level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the FHWA division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training. The Department reimburses you 80 cents per hour of training given an employee on this Contract under an approved training program: 1. For on-site training 2. For off-site training if the apprentice or trainee is currently employed under a federal-aid contract and you do at least one of the following: 2.1. Contribute to the cost of the training 2.2. Provide the instruction to the apprentice or trainee 2.3. Pay the apprentice's or trainee's wages during the off-site training period 3. If you comply with section 7-1.11D
1. Start training on the project as soon as feasible after the start of work involving the apprentice's or trainee's craft 2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program
1. Copy of the program you will comply with in providing the training 2. Certification showing the type and length of training satisfactorily completed
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