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( 1 ) The contractor shall perform with its own organization contract work amounting to not <br /> less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the <br /> total original contract price , excluding any specialty items designated by the State . <br /> Specialty items may be performed by subcontract and the amount of any such specialty <br /> items performed may be deducted from the total original contract price before computing <br /> the amount of work required to be performed by the contractor' s own organization ( 23 <br /> CFR 635 ) . <br /> a . " Its own organization " shall be construed to include only workers employed and <br /> paid directly by the prime contractor and equipment owned or rented by the <br /> prime contractor, with or without operators . Such term does not include <br /> employees or equipment of a subcontractor, assignee , or agent of the prime <br /> contractor. <br /> b . " Specialty Items" shall be construed to be limited to work that requires highly <br /> specialized knowledge , abilities , or equipment not ordinarily available in the type <br /> of contracting organizations qualified and expected to bid on the contract as a <br /> whole and in general are to be limited to minor components of the overall <br /> contract. <br /> (2 ) The contract amount upon which the requirements set forth in paragraph 1 of Section VII <br /> is computed includes the cost of material and manufactured products which are to be <br /> purchased or produced by the contractor under the contract provisions . <br /> ( 3 ) The contractor shall furnish (a) a competent superintendent or supervisor who is <br /> employed by the firm , has full authority to direct performance of the work in accordance <br /> with the contract requirements , and is in charge of all construction operations ( regardless <br /> of who performs the work) and ( b) such other of its own organizational resources <br /> (supervision , management, and engineering services) as the SHA contracting officer <br /> determines is necessary to assure the performance of the contract. <br /> (4 ) No portion of the contract shall be sublet, assigned or otherwise disposed of except with <br /> the written consent of the SHA contracting officer, or authorized representative , and such <br /> consent when given shall not be construed to relieve the contractor of any responsibility <br /> for the fulfillment of the contract. Written consent will be given only after the SHA has <br /> assured that each subcontract is evidenced in writing and that it contains all pertinent <br /> provisions and requirements of the prime contract. <br /> 12 . SAFETY : ACCIDENT PREVENTION <br /> ( 1 ) In the performance of this contract the contractor shall comply with all applicable Federal , <br /> State , and local laws governing safety , health , and sanitation (23 CFR 635 ) . The <br /> contractor shall provide all safeguards , safety devices and protective equipment and take <br /> any other needed actions as it determines , or as Indian River County or FDOT may <br /> determine to be reasonably necessary to protect the life and health of employees on the <br /> job and the safety of the public and to protect property in connection with the <br /> performance of the work covered by the contract. <br /> (2 ) It is a condition of this contract, and shall be made a condition of each subcontract, which <br /> the contractor enters into pursuant to this contract, that the contractor and any <br /> subcontractor shall not permit any employee , in performance of the contract, to work in <br /> surroundings or under conditions which are unsanitary , hazardous or dangerous to <br /> his/her health or safety , as determined under construction safety and health standards <br /> 15 <br /> 12/1 /2009 3:45:46 PM <br />