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TRAFFIC SIGNS AND SIGNALS

Sec. 24. The code of highway signs, signals, and markings approved by the American Association of State Highway Officials is hereby approved and adopted for all projects constructed with Public Works highway funds. All warning and directional signs now or hereafter erected on such projects whether paid for from Federal or other funds shall be in accordance with such approved code.

PAYMENTS TO STATES

SEC. 25. No payments will be made to any State on account of work performed on any project which has not been done in accordance with these rules and regulations and the special provisions issued thereunder.

VIOLATION OF RULES AND REGULATIONS

SEC. 26. Any contractor who deliberately violates the spirit and intent of these rules and regulations or the special provisions issued thereunder shall not be eligible to bid upon any further work involving the use of Public Works highway funds.

DIVERSION OF GASOLINE AND MOTOR-VEHICLE TAXES—REDUCTION OF

APPORTIONMENT

SEC. 27. As soon as practicable after the promulgation of these rules and regulations, the Secretary shall determine, as of June 18, 1934, the legal requirements of the use for highway purposes of State motor-vehicle registration fees, licenses, gasoline taxes, and other special taxes on motor-vehicle owners and operators in the various States, or for the retirement of bonds for the payment of which such revenues have been pledged. If he shall find at any time that a lesser amount is to be applied to such highway purposes by any State than was provided by the laws of such State on June 18, 1934, he shall take such steps as may be necessary to comply with section 12 of the act of June 18, 1934 (H. R. 8781), by reducing the apportionment to such State by one-third of the amount to which it otherwise would be entitled in accordance with regulations to be issued.

APPLICATION OF REGULATIONS

SEC. 28. These rules and regulations shall apply to U. S. Public Works NRH projects, U. S. Public Works NRM projects and U. S. Public Works NRS projects, as defined in section 1 hereof, shall take effect upon approval, and shall supersede the rules and regulations promulgated June 23, 1933, and all amendments thereto, for carrying out the provisions of section 204 of title II—Public Works and Construction Projects of the National Industrial Recovery Act.

RULES AND REGULATIONS FOR CARRYING OUT THE PROVISIONS

OF THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935 (PUB. RES. NO. 11—74TH CONG.) WHICH RELATE TO THE CONSTRUCTION OF PUBLIC HIGHWAYS AND OTHER RELATED PROJECTS (EXCEPT WITHIN OR ADJACENT TO NATIONAL FORESTS, NATIONAL PARKS, NATIONAL PARKWAYS, OR OTHER FEDERAL RESERVATIONS). IN ACCORDANCE WITH THE PROVISIONS OF THE FEDERAL HIGHWAY ACT

(HIGHWAYS) [Approved by the Secretary of Agriculture and by the Works Progress Administrator

July 8, 1935, and by the President of the United States July 12, 1935, AS AMENDED August 29, 1935, and September 12, 1935)

DEFINITIONS SECTION 1. For the purposes of these rules and regulations, the following definitions shall be controlling:

The term “act” shall mean those provisions of the Emergency Relief Appropriation Act of 1935 (Pub. Res. No. 11–74th Cong.) which provide for the construction of public highways and other related projects (except within or adjacent to national forests, national parks, national parkways, or other Federal reservations) in accordance with the provisions of the Federal Highway Act as amended and supplemented and subject to the provisions of section 1 of the act of June 18, 1934 (48 Stat. 993).

The term State", as used herein, shall include the Territory of Hawaii and the District of Columbia.

The term “ Secretary” shall mean the Secretary of Agriculture of the United States,

The term “works program highway funds" shall mean the $200,000,000 of Federal funds allocated by the President under the act, and any further sums so allocated and apportioned to the several States by the Secretary of Agriculture for the construction of public highways and other related projects (except those within or adjacent to national forests, national parks, national parkways, or other Federal reservations) in accordance with the provisions of the Federal Highway Act, as amended and supplemented, and subject to the provisions of section 1 of the act of June 18, 1934 (48 Stat. 993).

Projects located on the Federal-aid highway system outside of municipalities and metropolitan areas involving the use of such funds shall be designated “U. S. Works Program Highway Project No. WPH" Projects located on the State highway system, outside of municipalities and metropolitan areas but not included in the Federal-aid highway system, involving the use of such funds shall be designated “U. S. Works Program Highway Project No. WPSS

Projects located on secondary or feeder roads outside of municipalities or metropolitan areas and not included in the State highway system or the Federal-aid highway system, involving the use of such funds shall be designated “U. S. Works Program Highway Project No. WPSO " Projects located on the Federal-aid highway system or extensions thereof within municipalities or metropolitan areas involving the use of such funds shall be designated “U. S. Works Program Highway Project No. WPMH

Projects located in municipalities or metropolitan areas but not included in the Federalaid highway system involving the use of such funds shall be designated “U. S. Works Program Highway Project No. WPMS

Any signs which may be displayed on any such project for the purpose of its identification by firms or individuals to whom any contract for its construction is awarded shall refer to the project by the appropriate foregoing designation.

The term “apportionment” refers to the amounts which have been placed to the credit of the individual States by the Secretary's certificate of apportionment of June 3, 1935, for the construction of highways and other related projects.

“ Secondary or feeder roads”, for the purpose of these regulations, shall be divided into three classes and defined as follows:

(1) Roads outside of municipalities or metropolitan areas which are not included in the Federal-aid highway system or the State highway system in States which have not taken responsibility for important county or township roads or roads of similar classification (WPSO). (2) Roads outside of municipalities or metropolitan areas which are a part of the State highway system but not included in the Federal-aid highway system (WPSS). (3) Roads or streets within municipalities or metropolitan areas which are not included in the Federal-aid highway system (WPMS).

A “municipality " shall be construed to mean a populous community, generally of defined area, usually organized pursuant to law into a body politic with corporate name and continuous succession, and for the purpose and with the authority of subordinate local self-government.

A “ metropolitan area” shall be construed as the territory immediately contiguous to the relatively larger municipalities of a State within which workers living in the municipality may be transported daily to and from work within the territory.

INITIATION OF PROJECTS

SEC. 2. All projects under this act shall be initiated by the States and submitted in the same manner as other Federal-aid projects, and all such projects shall be subject to all of the provisions of the rules and regulations of the Secretary of Agriculture for administering the Federal Highway Act, as heretofore promulgated, except such provisions as are inconsistent or in conflict with these rules and regulations.

APPLICATION OF FUNDS TO PROJECTS

SEC. 3. Of the funds apportioned to any State under the act, not less than 25 percent shall be applied to secondary or feeder-road projects of the first classification (WPSO), that is, roads outside of municipalities and metropolitan areas, which are not included in the State highway system or Federal-aid highway system; and not less than 25 percent of such funds shall be applied to projects within municipalities or metropolitan areas located on the Federalaid highway system or extensions thereof (WPMH) or on secondary or feeder roads of the third classification (WPMS). The remaining percentage of a State's apportionment may be applied to projects on the Federal-aid highway system or to secondary or feeder projects of the second classification located on the State highway system but not included in the Federal-aid highway system.

SELECTION OF PROJECTS

SEC. 4. Insofar as practicable and feasible, projects to be undertaken with works program highway funds shall be selected with respect to undertaking desirable improvements by providing employment in areas where large unemployment exists. Data furnished by the Emergency Relief Administration with respect to the relief load in the various counties of a State shall be used to the extent possible as a basis for the selection of projects in the different counties in the State.

PROGRAMS OF PROJECTS

SEC. 5. Each State highway department shall prepare in tabular form, for each of the hereinbefore-mentioned classifications of projects, programs of proposed works program highway projects to be undertaken indicating the project number, county, location, length, termini, proposed character of work, estimated man-hours of employment, estimated quantity, and cost of the principal kinds of materials entering into such work, the estimated total cost, and the amount of works program highway funds desired for each project. The tabulation for each classification of projects shall be totaled with respect to mileage, man-hours of employment, estimated cost of materials, estimated total cost, and the amount of works program highway funds desired. Each State highway department shall confer with the State relief administrator and the State administrator of the Works Progress Administration in an endeavor to select projects for which sufficient labor is available locally from relief rolls. The programs shall be accompanied by Federal-aid progress maps indicating in diagrammatic form the location of projects, their classification, and estimated cost. The programs may be submitted in whole or in part, except that no program will be considered for projects involving less than 25 percent of a State's apportionment unless made up of minor additions inade possible by contract prices being less than the estimated costs. Insofar as possible programs for the complete utilization of the funds available to a State shall contain a list of contingent projects, in order of priority, which will be undertaken in the event projects on the regular programs fail to absorb all the funds.

The programs thus prepared shall be submitted to the district engineer of the Bureau of Public Roads for examination and review. Upon receipt of advice from him that they are satisfactory to recommend for approval, they shall be submitted by the State highway department to the State director of the National Emergency Council and the State administrator of the Works Progress Administration for concurrence in a recommendation of approval before being returned to the district engineer of the Bureau of Public Roads for transmittal to the headquarters office of the Bureau for final action.

BASIS OF APPROVAL OF PROJECTS

SEC. 6. All projects proposed by a State highway department shall be measured for approval on the basis of providing the equivalent of a man-year of employment on the project at a total cost to the Federal Government, including labor, materials, and all other items properly chargeable to the work, of not exceeding $1,400 per man-year. Items properly chargeable to the cost of a project on which the above measure of participation shall apply are: (1) Costs incurred subsequent to the allocation of funds under the act (May 16, 1935) for surveys and the preparation of plans for projects which are approved for construction, except that no part of the expense of maintaining an overhead organization of a State highway department or other agency cooperating with the State in undertaking the work shall be included in such cost; (2) engineering costs for supervision of construction; (3) all construction costs whether by contract or force account, except that no reimbursement will be made for the use of publicly owned equipment whether owned by the State, county, or other political subdivision. Upon the completion of any project the total obligation of the Federal Government toward its improvement payable from works program highway funds shall not exceed the man-hour expenditure for total estimated cost of the project on which the project was approved multiplied by the number of man-hours of employment actually given on the job as determined by the accumulative totals for administrative, executive, and supervisory employees, and skilled, intermediate grade, and unskilled persons employed on the work during its prosecution. If any State highway department desires to undertake work of a type or character in which the total cost per man-year of direct employment on a project is in excess of $1,400 per year such project may be approved, provided the obligation of the Federal Government is limited to this sum or its equivalent of 90 cents per man-hour of employment for the number of man-hours of employent actually given on the project under the conditions of employment hereinafter given.

SURVEYS, PLANS, SPECIFICATIONS, ETC.

SEC. 7. Surveys and plans, specifications, and estimates for all projects in each State shall be perpared under the immediate direction of the State highway department and the construction involved shall be under the immediate supervision of the State highway department. The State highway department, if it so desires, may utilize the services of efficient county or city engineering organizations for the preparation of plans for any project. Inasmuch as the Federal Highway Act requires each State to maintain at its own expense a highway department having adeguate powers and suitably equipped and organized to discharge the duties required by the legislation, no part of the cost of maintaining a central office organization of the State highway department, or of city or county engineering organizations, which may be utilized by the State in the conduct of the work under this act, will be paid with Federal funds. Engineering charges reimbursable with Federal funds will be confined to the payment of salaries and necessary expenses of individuals actually employed in making the surveys and in the preparation of such plans and specifications.

The funds apportioned shall not be available for the payment of any portion of the cost of surveys and the preparation of plans incurred prior to the approval of the allotment of funds for this purpose on May 16, 1935, and no part of the cost of the surveys, plans, and engineering supervision of construction will be paid to any State which restricts employment of engineers on such work to residents of the State. The survey and design requirements for projects undertaken under this act shall be reasonably consistent with the type of work contemplated. Abbreviated plans previously acceptable to the Bureau of Public Roads for secondary projects under previous Public Works highway programs may be utilized to the maximum extent possible for work involving light grading where the improvement follows very closely the existing road or where the improvement consists of surfacing existing roads with local materials and the installation of small drainage structures. On projects involving heavier grading quantities, abbreviated plans may be submitted on which the project may be approved subject to the condition that complete plans will be prepared and quantities actually measured as a basis of settlement for the work actually performed. No minimum design standard shall be established other than that work undertaken with such funds shall provide a better type of improvement than existed previously on a project and one which can be maintained in a state of serviceability at a reasonable cost for maintenance.

METHODS OF UNDERTAKING THE WORK

SEC. 8. Wherever feasible and practical the contract method shall be used for undertaking work under the act. Where a State highway department, however, is organized and equipped to undertake projects on a day-labor or forceaccount basis, or desires to utilize the services of efficient city or county engineering organizations similarly organized and equipped to undertake projects on this basis, approval may be given to this latter method of undertaking the work on any project. On all work undertaken on a contract or force-account basis the specifications shall stipulate the minimum man-hours of employment established for the project, and no contract shall be awarded or force-account work approved on a basis which will provide less than the required man-hours of employment, unless the State highway department is willing to assume the additional cost involved. In the case of overruns or underruns in quantities or the performance of contingent items in the work performed on a contract or by force account, the minimum number of man-hours of employment to be given on the project shall be appropriately adjusted on the basis of the final cost of the project. The specifications shall not describe in detail any restrictive methods of undertaking the work, but the contractor shall be permitted to undertake the work in general conformity with approved State highway department specifications in which hand-labor methods shall be permitted to the maximum extent possible on any detail of work which can be undertaken by such methods without seriously impairing the quality of the work.

ADVERTISEMENT AND AWARD OF CONTRACT

SEC. 9. Before a contract is awarded for any project bids shall be requested by advertisement inserted once a week for not less than two weeks in such newspapers and/or other publications as will insure adequate publicity. The award, if made, shall be to the lowest qualified bidder submitting a proposal in conformity with the requirements of the specifications.

CONTRACTS AND CONSTRUCTION

SEC. 10. All contracts for the construction of works program highway projects shall be entered into by the State highway department and no contract for any such project, or part thereof, shall be entered into or award therefor made by any State without prior concurrence in such action by the district engineer of the Bureau of Public Roads.

Approval will not be given to any procedure or requirement designed to prevent the award of contracts to qualified contractors nonresident of the State in which the work is located. All contracts shall contain special provisions prescribed by the Bureau of Public Roads to give effect to requirements respecting wages, hours of work, conditions of employment, etc., as prescribed by executive orders and contemplated by these rules and regulations affecting such work.

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