107.01 Laws, Rules, and Regulations to Be Observed
Observe and comply with all of the following that affect the conduct of work on the project, have jurisdiction or authority over the work, or that affect individuals engaged or employed on the project:
Submit with each lot of foreign material a certificate of compliance as specified in Subsection 106.04. Attach certified mill test reports to certificates of compliance for specified materials.
Accompany all structural materials with mill test reports and certificates of compliance.
To ensure delivery of uniform material that meets requirements, the Agency will accept structural materials requiring mill test reports only from domestic manufacturers or manufacturers with proven plant quality control.
Quality control is established by submitting detailed written proof or through Agency inspection.
106.08 Storing and Handling Materials
Store and handle materials to preserve their quality and fitness for the work. Transport bulk materials in a manner that prevents loss or segregation after loading and measuring.
Store materials so that they can be easily inspected and retested as specified in Subsection 106.03.
Obtain approval to store materials and Contractor’s plant and equipment on the right-of-way.
Additional storage space is at the Contractor’s expense and option. Obtain owner’s or lessee’s written permission before storing material on private property. Furnish copies of the permission to the Engineer, if requested.
Restore storage and plant sites to their original condition at no cost to the Agency.
106.09 Unacceptable Materials
The Engineer will reject all materials not meeting contract requirements. Remove rejected material immediately unless the Engineer approves defect corrections.
106.10 Agency-Furnished Material
Agency-furnished material will be delivered to or made available to the Contractor at locations specified in the contract.
Include the cost of handling and placing Agency-furnished material in the contract items in which they are used. After delivery, assume responsibility for delivered materials. The Agency will make deductions for the cost of shortages, deficiencies, and damage that may occur to the material after delivery. The Agency will also deduct demurrage charges resulting from the Contractor’s failure to accept material delivered as scheduled.
SECTION 107
LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
107.01 Laws, Rules, and Regulations to Be Observed
Observe and comply with all of the following that affect the conduct of work on the project, have jurisdiction or authority over the work, or that affect individuals engaged or employed on the project:
1. Federal and State laws;
2. Local laws and ordinances; and
3. Regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority.
Protect and indemnify the Agency and its representatives against any claim or liability originating from violating any of the above items by the following companies or employees of the following companies:
1. the Contractor;
2. Subcontractor(s) at any tier;
3. suppliers of materials or services; or 4. any others engaged by the Contractor.
Comply with all Federal, State, and local laws and regulations governing environmental protection, as specified in Subsections 104.09 and 104.11.
Comply with all Federal, State, and local health official rules and regulations governing health and safety. Ensure no Contractor or subcontractor(s) employee is required to work in or under conditions that are unsanitary, hazardous, or dangerous to health or safety. Admit to the work site any inspector with proper credentials from OSHA or other legal Agency responsible for health and safety administration.
Comply with all laws and ordinances, as well as Title 29, Title 30, and the Code of Federal Regulations Part 1926—Safety and Health Regulations for Construction (OSHA), whichever is more restrictive, when using, handling, loading, transporting, and storing explosives and blasting agents.
Comply with all Federal, State, and local laws, rules, and regulations that govern unlawful employment practices including discrimination based on race, religion, color, sex, or national origin and that define actions required for Affirmative Action and Minority (Disadvantaged) Business programs.
Perform work within or adjacent to a State or National Forest under regulations of the State Fire Marshall, Conservation Commission, Forestry Department, or authority with jurisdiction to protect forests. Immediately notify the Engineer in writing upon discovering any discrepancy or inconsistency between the contract and any law, ordinance, regulation, or order, except as noted in Subsection 107.04.
107.02 Permits, Licenses, and Taxes
Acquire all permits and licenses; pay charges, fees, and taxes; and give all notices necessary to perform the work. Include these costs in the appropriate unit prices bid for the contract items.
107.03 Patented Devices, Materials, and Processes
Provide proof of legal agreement with the patentee or owner, if necessary, for use of a design, device, material, or process covered by letters, patents, or copyrights.
Indemnify and save harmless the Agency and any affected third party or political subdivision from claims of infringement on patents, copyrights, or trademarks.
Indemnify the Agency for costs, expenses, and damages, which it may be obligated to pay as a result of an infringement during the conduct of the work or after the project is completed.
107.04 Federal-Aid Participation
Federal requirements of a federally assisted contract supersede conflicting provisions of state or local laws, rules, or regulations.
When the Federal Government participates in the cost of the contract, proceed with the work under the supervision of the Agency, but subject to the inspection and approval of appropriate Federal officials. Note, however, that the U.S. Government is not a party to the contract and will not interfere with the rights of contract parties.
107.05 Public Convenience and Safety
Store materials and conduct work with minimal obstruction to traffic. Ensure the safety and convenience of the public and property as provided under Subsection 104.04. Follow the safety provisions of all applicable laws, rules, codes, and regulations.
107.06 Barriers, Barricades, and Warning Signs
Provide, erect, and maintain traffic control devices to protect the work and public safety. Use barriers and barricades to delineate highway sections closed to traffic. Illuminate obstructions during darkness and provide warning signs to control and direct traffic.
Erect warning signs for work that may interfere with traffic or where new work crosses or coincides with an existing road. Place and maintain warning signs according to the project traffic management plan. Obtain approval before dismantling or removing traffic control devices.
Ensure traffic control devices meet the MUTCD and Section 618.
107.07 Using Explosives
Ensure that the use of explosives does not endanger life, property, or new work. Assume liability for property damage, injury, or death resulting from the use of explosives.
Notify property owners and public utility companies in the vicinity of the proposed detonation before using explosives.
107.08 Protecting and Restoring Property and Landscape
Preserve public and private property during the work. Ensure that the Engineer affirms the location of monuments and property line markers before they are moved, disturbed, or damaged.
Assume liability for any damage to public or private property resulting from defective work or materials, or nonexecution of the contract. Maintain liability until the project is accepted.
Restore damaged property to a condition similar or equal to that existing before the damage at no cost to the Agency.
Temporarily discontinue work if artifacts of historical or archeological significance are
encountered. The Engineer will contact the State archeological authorities who will determine the item’s disposition. When directed, excavate the site to preserve the artifacts and remove them to the custody of the proper State authorities. Request payment for any extra work as specified in Subsection 104.03.
107.09 Discovery of an Unmarked Human Burial
When an unmarked human burial is discovered, immediately cease all activity that may disturb the unmarked human burial and notify the Engineer. Do not resume activity until specifically authorized by the Engineer.
107.10 Protecting Forests
Obey all laws and regulations that govern work within or adjacent to State or National Forests.
Keep the project site orderly and clean. Comply with permit requirements and obtain other permits as identified in the contract.
Prevent and assist with the suppression of forest fires. Cooperate with responsible forestry officials.
107.11 Responsibility for Damage Claims
Indemnify and save harmless the Agency and its employees from all actions and claims from injury or damage to persons or property resulting from the action or omission of the Contractor’s employees or agents.
A. Obtain and maintain insurance liability for damages imposed by law, of the kinds and amounts specified, until project acceptance. Ensure coverage of all operations under the contract, whether performed by the Contractor or Subcontractor at any tier.
B. Furnish certificates of insurance of the following, in Agency-approved form, prior to beginning work;
1. Workers’ compensation insurance, according to prevailing laws.
2. Liability and property damage insurance in the following amounts:
a. Bodily injury liability:
Not less than [$500,000] each person Limited to [$1,000,000] each occurrence
b. Property damage liability:
Not less than [$500,000] each occurrence Limited to [$1,000,000] aggregate 107.12 Third-Party Beneficiary Clause
This contract does not create anyone as a third-party beneficiary or authorize anyone not a party to the contract to maintain an action for damages under contract provisions.
107.13 Personal Liability of Agency Employees
The Agency’s authorized representatives act solely as representatives of the Agency when conducting and exercising power or authority granted them under the contract.
There is no liability on them either personally or as Agency employees.
107.14 No Waiver of Legal Rights
Final acceptance does not preclude the Agency from correcting any measure, estimate, or certificate made before or after contract completion. The Agency may recover from the Contractor, surety, or both, overpayments upheld for failure to fulfill contract obligations. A waiver on the part of the Agency of any breach of the contract is not a waiver of any other or subsequent breach.
Assume liability for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Agency’s right under any warranty or guaranty without prejudice to the terms of the contract.
107.15 Hazardous Material
Immediately suspend work and notify the Engineer if any abnormal condition is encountered or exposed that indicates the presence of a hazardous material or toxic waste. Continue work in other areas of the project unless otherwise directed.
Treat abnormal conditions, such as the presence of barrels, obnoxious odors, excessively hot earth, smoke, or any other condition indicating a hazardous material or toxic waste, with extreme caution.
Meet the requirements and regulations of the applicable State agency when disposing of hazardous material or toxic waste. Perform this work under Subsection 109.04.
SECTION 108