DOT 23 CFR PART 633-2011 REQUIRED CONTRACT PROVISIONS.pdf

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1、174 23 CFR Ch. I (4111 Edition) 630.1110 1The American Traffic Safety Services As-sociations (ATSSA) Quality Guidelines for Work Zone Traffic Control Devices uses photos and written descriptions to help judge when a traffic control device has outlived its usefulness. These guidelines are available f

2、or purchase from ATSSA through the following URL: http:/ bclitemldetail.jsp?productId=1. Similar guidelines are available from various State highway agencies. The Illinois Department of Transportation Quality Standards for Work Zone Traffic Control Devices is avail-able online at http:/dot.state.il.

3、us/workzone/ wztcd2004r.pdf. The Minnesota Department of Transportation Quality StandardsMeth-ods to determine whether the various traffic control devices are Acceptable, Marginal, or Unacceptable is available online at http:/ www.dot.state.mn.us/trafficeng/otepubl/ fieldmanual2007/FM2007 QualitySta

4、ndards.pdf. work not related to traffic control and safety; (2) As a minimum, separate pay items shall be provided for major cat-egories of traffic control devices, safe-ty features, and work zone safety ac-tivities, including but not limited to positive protection devices, and uni-formed law enforc

5、ement activities when funded through the project; (3) For method based specifications, the specifications and other PS (4) For method-based specifications, unit price pay items, lump sum pay items, or a combination thereof may be used; (5) Lump sum payment should be lim-ited to items for which an es

6、timate of the actual quantity required is pro-vided in the PS (6) For Lump Sum items, a contin-gency provision should be included such that additional payment is pro-vided if the quantity or nature of the required work changes, either an in-crease or decrease, due to cir-cumstances beyond the contro

7、l of the contractor; (7) Unit price payment should be pro-vided for those items over which the contractor has little or no control over the quantity, and no firm estimate of quantities is provided in the PS (8) Specifications should clearly indi-cate how placement, movement/reloca-tion, and maintena

8、nce of traffic con-trol devices and safety features will be compensated; and (9) The specifications should include provisions to require and enforce con-tractor compliance with the contract provisions relative to implementation and maintenance of the project TMP and related traffic control items. En

9、-forcement provisions may include rem-edies such as liquidated damages, work suspensions, or withholding payment for noncompliance. 630.1110 Maintenance of temporary traffic control devices. To provide for the continued effec-tiveness of temporary traffic control devices, each agency shall develop a

10、nd implement quality guidelines to help maintain the quality and adequacy of the temporary traffic control devices for the duration of the project. Agen-cies may choose to adopt existing qual-ity guidelines such as those developed by the American Traffic Safety Serv-ices Association (ATSSA) or other

11、 state highway agencies.1A level of in-spection necessary to provide ongoing compliance with the quality guidelines shall be provided. PART 633REQUIRED CONTRACT PROVISIONS Subpart AFederal-Aid Construction Con-tracts (Other Than Appalachian Con-tracts) Sec. 633.101 Purpose. 633.102 Applicability. 63

12、3.103 Regulatory authority. 633.104 Availability. Subpart BFederal-Aid Contracts (Appalachian Contracts) 633.201 Purpose. 633.202 Definitions. 633.203 Applicability of existing laws, regu-lations, and directives. 633.204 Fiscal allocation and obligations. 633.205 Prefinancing. VerDate Mar2010 09:39

13、May 11, 2011 Jkt 223076 PO 00000 Frm 00184 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-175 Federal Highway Administration, DOT 633.103 633.206 Project agreements. 633.207

14、 Construction labor and materials. 633.208 Maintenance. 633.209 Notices to prospective Federal-aid construction contractors. 633.210 Termination of contract. 633.211 Implementation of the Clean Air Act and the Federal Water Pollution Control Act. APPENDIX A TO SUBPART B OF PART 633 TYPES OF CONTRACT

15、S TO WHICH THE CIVIL RIGHTS ACT OF 1964 IS APPLICABLE APPENDIX B TO SUBPART B OF PART 633RE-QUIRED CONTRACT PROVISIONS, APPA-LACHIAN DEVELOPMENT HIGHWAY SYSTEM AND LOCAL ACCESS ROADS CONSTRUCTION CONTRACTS APPENDIX C TO SUBPART B OF PART 633AD-DITIONAL REQUIRED CONTRACT PROVI-SIONS, APPALACHIAN DEVE

16、LOPMENT HIGH-WAY SYSTEM AND LOCAL ACCESS ROADS CONTRACTS OTHER THAN CONSTRUCTION CONTRACTS APPENDIX D TO SUBPART B OF PART 633FED-ERAL-AID PROPOSAL NOTICES Subpart AFederal-Aid Construc-tion Contracts (Other Than Appalachian Contracts) AUTHORITY: 23 U.S.C. 114 and 315; 49 CFR 1.48. SOURCE: 52 FR 369

17、20, Oct. 2, 1987, unless otherwise noted. 633.101 Purpose. To prescribe for Federal-aid highway proposals and construction contracts the method for inclusion of required contract provisions of existing regula-tions which cover employment, nonseg-regated facilities, record of materials and supplies,

18、subletting or assigning the contract, safety, false statements concerning highway projects, termi-nation of a contract, and implementa-tion of the Clean Air Act and the Fed-eral Water Pollution Control Act, and other provisions as shall from time-to- time be required by law and regulation as conditi

19、ons of Federal assistance. 633.102 Applicability. (a) The required contract provisions and the required proposal notices apply to all Federal-aid construction con-tracts other than Appalachian con-struction contracts. (b) Form FHWA1273, Required Con-tract Provisions, Federal-aid Construc-tion Contra

20、cts, contains required con-tract provisions and required proposal notices that are required by regula-tions promulgated by the FHWA or other Federal agencies. The required contract provisions of Form FHWA 1273 shall be physically incorporated in each Federal-aid highway construction contract other t

21、han Appalachian con-struction contracts (see 633.104 for availability of form). (c) Reserved (d) The required contract provisions contained in Form FHWA1273 shall apply to all work performed on the contract by the contractors own orga-nization and to all work performed on the contract by piecework,

22、station work, or by subcontract. (e) The contractor shall insert in each subcontract, except as excluded by law or regulation, the required con-tract provisions contained in Form FHWA1273 and further require their inclusion in any lower tier subcontract that may in turn be made. The re-quired contra

23、ct provisions of Form FHWA1273 shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the re-quirements contained in the provisions of Form FHWA1273. (f) The State highway agency (SHA) shall i

24、nclude the notices concerning certification of nonsegregated facilities and implementation of the Clean Air Act and Federal Water Pollution Con-trol Act, pursuant to 40 CFR part 15, in all bidding proposals for Federal-aid highway construction projects. As the notices are reproduced in Form FHWA 127

25、3, the SHA may include Form FHWA1273 in its entirety to meet this requirement. 52 FR 36920, Oct. 2, 1987, as amended at 69 FR 7118, Feb. 13, 2004 633.103 Regulatory authority. All required contract provisions con-tained in Form FHWA1273 are require-ments of regulations promulgated by the FHWA or oth

26、er Federal agencies. The authority for each provision will be cited in the text of Form FHWA 1273. VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00185 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking p

27、ermitted without license from IHS-,-,-176 23 CFR Ch. I (4111 Edition) 633.104 633.104 Availability. (a) Form FHWA1273 will be main-tained by the FHWA and as regulatory revisions occur, the form will be up-dated. (b) Current copies of Form FHWA 1273, Required Contract Provisions, will be made availab

28、le to the SHAs by the FHWA. Subpart BFederal-Aid Contracts (Appalachian Contracts) AUTHORITY: 40 U.S.C. App. 201, 402; 23 U.S.C. 315; 49 CFR 1.48(b)(35). SOURCE: 39 FR 35146, Sept. 30, 1974, unless otherwise noted. 633.201 Purpose. The purpose of the regulations in this subpart is to establish polic

29、ies and out-line procedures for administering projects and funds for the Appalachian Development Highway System and Ap-palachian local access roads. 633.202 Definitions. (a) The word Commission means the Appalachian Regional Commission (ARC) established by the Appalachian Regional Development Act of

30、 1965, as amended (Act). (b) The term division administrator means the chief Federal Highway Ad-ministration (FHWA) official assigned to conduct FHWA business in a par-ticular State. 39 FR 35156, Sept. 30, 1974, as amended at 40 FR 49084, Oct. 21, 1975; 41 FR 8769, Mar. 1, 1976 633.203 Applicability

31、 of existing laws, regulations, and directives. The provisions of title 23 U.S.C., that are applicable to the construction and maintenance of Federal-aid primary and secondary highways, and which the Secretary of Transportation deter-mines are not inconsistent with the Act, shall apply, respectively

32、, to the development highway system and the local access roads. In addition, the Regulations for the Administration of Federal-aid for Highways (title 23, Code of Federal Regulations) and directives implementing applicable provisions of title 23 U.S.C., where not inconsistent with the Act, shall be

33、applicable to such projects. 633.204 Fiscal allocation and obliga-tions. (a) Federal assistance to any project under the Act shall be as determined by the Commission, but in no event shall such Federal assistance exceed 70 per centum of the cost of such a project. (b) The division administrators au-

34、thorization to proceed with the pro-posed work shall establish obligation of Federal funds with regard to a par-ticular project. 39 FR 35156, Sept. 30, 1974, as amended at 40 FR 49084, Oct. 21, 1975; 41 FR 8769, Mar. 1, 1976 633.205 Prefinancing. (a) Under the provisions of subsection 201(h) of the

35、Act, projects located on the Appalachian Development Highway System including preliminary engi-neering, right-of-way, and/or construc-tion may be programed and advanced with interim State financing. (b) Program approvals, plans, speci-fications, and estimates (PS 42 U.S.C. 2000d2000d 4) and the impl

36、ementing regulations in 49 CFR part 21, including the provi-sions of 21.5(c)(1), and paragraphs (2)(iii) and (2)(v) of appendix C thereof relative to employment practices, shall be applicable to all types of contracts listed in appendix A. (c) The Required Contract Provi-sions, Appalachian Developme

37、nt High-way System and Local Access Roads Construction Contracts, Form PR 1316 (appendix B), shall be included in all construction contracts awarded under the Act. (d) The required contract provisions set forth in Form PR1317 (appendix C) shall be included in all types of con-tracts described in app

38、endix A, other than construction contracts. (e) In the design and construction of highways and roads under the Act, the State may give special preference to the use of mineral resource materials native to the Appalachian region. The provisions of 635.409 of this chapter shall not apply to projects u

39、nder the Act to the extent such provisions are inconsistent with sections 201(d) and (e) of the Act. 39 FR 35146, Sept. 30, 1974, as amended at 40 FR 49084, Oct. 21, 1975; 41 FR 36204, Aug. 27, 1976 633.208 Maintenance. Maintenance of all highway projects constructed under the Act, whether on the de

40、velopment system or local access roads, shall be the responsibility of the State. The State may arrange for maintenance of such roads or portions thereof, by agreement with a local gov-ernmental unit. 633.209 Notices to prospective Fed-eral-aid construction contractors. The State highway department

41、shall include the notices set forth in appen-dix D in all future bidding proposals for Appalachian Development System and Appalachian local access roads con-struction contracts. VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00187 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1

42、DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-178 23 CFR Ch. I (4111 Edition) 633.210 633.210 Termination of contract. All contracts exceeding $2,500 shall contain suitable provisions for termi-nation by the State, including the

43、manner in which the termination will be effected and the basis for settle-ment. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the con-tract may be terminated because of cir-cumstances beyond the control of the

44、 contractor. 633.211 Implementation of the Clean Air Act and the Federal Water Pol-lution Control Act. Pursuant to regulations of the Envi-ronmental Protection Agency (40 CFR part 15) implementing requirements with respect to the Clean Air Act and the Federal Water Pollution Control Act are included

45、 in appendix B to this part. 40 FR 49084, Oct. 21, 1975 APPENDIX A TO SUBPART B OF PART 633TYPES OF CONTRACTS TO WHICH THE CIVIL RIGHTS ACT OF 1964 IS AP-PLICABLE Section 324 of title 23 U.S.C., the Civil Rights Act of 1964, and the implementing regulations of the Department of Transpor-tation (49 C

46、FR part 21), including the provi-sions of paragraphs (2)(iii) and (2)(v) of ap-pendix C thereof relative to employment practices, are applicable to the following types of contracts awarded by State highway departments, contractors, and first tier sub-contractors, including those who supply ma-terial

47、s and lease equipment: 1. Construction. 2. Planning. 3. Research. 4. Highway Safety. 5. Engineering. 6. Property Management. 7. Fee contracts and other commitments with persons for services incidental to the acquisition of right-of-way including, but not limited to: a. Advertising contracts. b. Agre

48、ements for economic studies. c. Contracts for surveys and plats. d. Contracts for abstracts of title certifi-cates and title insurance. e. Contracts for appraisal services and ex-pert witness fees. f. Contracts to negotiate for the acquisi-tion of right-of-way. g. Contracts for disposal of improveme

49、nts and property management services. h. Contracts for employment of fee attor-neys for right-of-way procurement, or prepa-ration and trial of condemnation cases. i. Contracts for escrow and closing serv-ices. 40 FR 49084, Oct. 21, 1975 APPENDIX B TO SUBPART B OF PART 633REQUIRED CONTRACT PROVI-SIONS, APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM AND LOCAL AC-CESS ROADS CONSTRUC