Section 107 — Legal Relations and Responsibility to the Public
AND RESPONSIBILITY TO THE PUBLIC
107.01Laws to be Observed. Follow the requirements of FAR Clause 52.236- 7 Permits and Responsibilities. Comply with applicable laws, ordinances, safety codes, regulations, orders, and decrees. Protect and indemnify the Government and its representatives against claim o r liability arising from or based on the alleged violation of the same. Comply with permits and agreements obtained by the Government for performing the work that is included in the contract. Notify CO of proposed changes, including required revision s to G overnment- obtained permits that are required by the Contractor’s methods of operation. Obtain additional permits or agreements that are required by the Contractor’s methods of operation. Submit copies of approved permits and finalized agreements upon receipt.
107.02Protection and Restoration of Property and Landscape. Follow the requirements of FAR Clause 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. Do not disturb the area beyond the construction limits .
(a)Property. Preserve public and private property. Protect monuments established for perpetuating horizontal, vertical, cadastral, or boundary control. If necessary to destroy a monument, reestablish the monument according to applicable state statute or by the direction of the agency or individual who established the monument.
(b)Vegetation . Replace trees, shrubs, or vegetated areas damaged by construction operations as directed and at no additional cost to the Government. Remove damaged limbs of existing trees by an approved arborist.
(c)Archeological. Do not excavate, remove, damage, alter, or deface archeological or paleontological remains or specimens. Control the actions of employees and subcontractors on the project to ensure that p rotected sites are not disturbed or damaged. Should these items be encountered, suspend operations at the discovery site, notify the CO immediately and continue operations in other areas. The CO will inform the Contractor when operations may resume at the discovery site.
(d)Utilities. Before starting work in an area, contact the local utility locating service to mark the utilities. Protect utilit ies from construction operations. Cooperate with utility owners to expedite the relocation or adjustment of their utilities to minimize interruption of service and duplication of work. If utility services are interrupted because of damage by the construction, immediately notify the utility owner, the CO, and other proper authorities. Cooperate with them until service is restored. Do not work around fire hydrants until provisions for continued service are made and approved by the local fire authority. Notify the CO if utility work is required. Compensation for the work will be provided under applicable clauses of the contract. Satisfactorily repair damage due to the fault or negligence of the Contractor at no additional cost to the Government. Repair of damage to underground utilities not shown in the plans or identified before construction, and not caused by the fault or negligence of the Contractor will be paid for by the Government.
107.03Bulletin Board. Provide a weathe rproof bulletin board of suitable size and construction for continuous display of posters and other information required by the contract. Erect and maintain the bulletin board at a conspicuously accessible location on the project and remove and dispose of it after project final acceptance. Display the following documents on the bulletin board:
(a)Equal Employment Opportunity Commission (EEOC), Know Your Rights: Workplace Discrimination is Illegal poster ac cording to FAR Clause 52.222-26 Equal Opportunity;
(b)Form FHWA 1022, Notice that the project is subject to Title 18, U.S. C., Section 1020 poster;
(c)Department of Labor, Wage and Hour Division (WHD), WHD 1321, Employee Rights Under The Davis -Bacon Act poster (regarding proper pay);
(d)Department of Labor, OSHA, Job Safety and Health It’s The Law poster, according to CFR Title 29, Part 1903; (e) "General Wage Decision" contained in the contract;
(f)Company equal employment opportunity policy, according to FAR Clause 52.222- 27 Affirmative Action Compliance Requirements for Construction; (g) OSHA, Emergency telephone numbers (in areas where 911 is not available), according to CFR Title 29, Part 1926.50(f);
(h)Department of Labor, WHD Publication, Employee Rights and Responsibilities Under the Family and Medical Leave Act poster according to CFR Title 29, Part 825.300(a);
(i)WHD 1462, Employee Polygraph Protection Act poster; and
(j)National Labor Relations Act (NLRA), Employee Rights Under The National Labor Relations Act poster according to Executive Order 13496.
107.04Railroad Protection. The Government will obtain the necessary permits and agreements from the railroad for spe cified work for relocating railroads or for work at or adjacent to railroad crossings. If necessary, obtain additional permits and agreements for other work that, due to the method of operation, may also impact the railroad. Submit copies of permits and ag reements. Do not interfere with railroad operations. If the construction damages railroad property, reimburse the railroad for damages, or at the railroad’s option, repair the damage at no additional cost to the Government. Do not cross railroad tracks, with vehicles or equipment, except at existing and open public grade crossings or railroad approved temporary grade crossings. If there is a need for a temporary grade crossing, make the necessary arrangements with the railroad for its construction, protection, and removal. Reimburse the railroad for temporary grade crossing work or at the railroad’s option, perform the work.
107.05Responsibility for Damage Claims. Indemnify and hold harmless the Government, its employees, and its consultants from suits, actions, or claims brought for injuries or damage received or sustained by a person, persons, or property resulting from the construction operations or arising out of the negligent performance of the contract. Procure and maintain until final acceptance of the contract, liability insurance of the types and limits specified below. Obtain insurance from companies authorized to do business in the appropriate state. Ensure the insurance covers operations under the contract whether performed by the Contractor or by subcontractors. Before work starts, submit "certificates of insurance " certifying that the policies will not be changed or canceled until written notice has been given to the Government. Insurance coverage in the minimum amounts set forth below does not relieve the Contractor of liability in excess of the coverage. Carry insurance conforming to the following minimums:
(a)Work er’s compensation insurance. Minimum required by law.
(b)Comprehensive or commercial general liability insurance.
(1)Personal injury and property damage coverage;
(2)Contractual liability coverage;
(3)Completed operations liability coverage;
(4)$1,000,000 combined single limit for each occurrence; and
(5)$2,000,000 general aggregate limit.
(c)Automobile liability insurance. $1,000,000 combined single limit for each occurrence.
107.06Contractor’s Responsibility for Work. Assume responsibility for all work until final acceptance, except as provided in Su bsection 106.06. This includes periods of suspended work. Protect the work against injury, loss, or damage from all causes whether arising from the execution or non -execution of the work. Maintain public traffic according to Section 156. Rebuild, repair, restore, and make good losses, injuries, or damages to any portion of the work. This includes losses, injuries, or damages caused by vandalism, theft, accommodation of public traffic, and weather t hat occurs during the contract. The Government will only be responsible for costs attributable to repairing or replacing damaged work caused by declared enemies and terrorists of the Government and cataclysmic natural phenomenon. The Government will not be responsible for delay costs, impact costs, or extended overhead costs.
107.07Furnishing Right -of-Way. The Government will obtain right-of-way.
107.08Sanitation, Health, and Safety. Follow the requirements of FAR Clause 52.236- 13 Accident Prevention. Observe rules and regulations of Federal, state, and local health officials. Do not allow workers to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous. Admit OSHA inspectors or other legally responsible officials involved in safety and health administration to the project work site upon presentation of proper credentials. Report accidents on forms furnished by the Government or with prior approval, on forms used to report accidents to other agencies or insurance carriers. Maintain an OSHA Form 300, Log of Work -Related Injuries and Illnesses and make it available for inspection. Install a reverse signal alarm audible above the surrounding noise level on motorized vehicles having an obstructed view and on earth-moving and compaction equipment.
107.09Legal R elationship of the Parties. In the performance of the contract, the Contractor is an independent contractor. The Contractor’s independent contractor status does not limit the Government’s general rights under the contract. No Government employee or a business organization owned or substantially owned or controlled by one or more Government employees may be a contractor.
107.10Environmental Protection. Comply with the following:
(a)Federal Water Pollution Control Act (Clean Water Act) 33 USC § 1251 et seq.
(1)Do not operate equipment or discharge material within the boundaries of wetlands and the waters of the United States as defined by the F ederal and state regulatory agencies. Permits are issued by the U.S. Army Corps of Engineers according to 33 USC § 1344 and delegated by the agency having jurisdiction. If an unauthorized discharge occurs:
(a)Prevent further contamination;
(b)Notify appropriate authorities and the CO; and
(c)Mitigate damages.
(2)Construct and maintain barriers in work areas and in material sources to p revent sediment, petroleum products, chemicals, and other liquids and solids from entering wetlands or waters of the United States. Remove and properly dispose of barrier collected material.
(3)Do not revise terms or conditions of permits without the approval of the issuing agency.
(b)Oil and hazardous substances. Submit a hazardous spill plan as required by Federal, state, or local regulations at least 2 days before start ing work. Where a hazardous spill plan is not required submit a "Spill Prevention, Control, and Countermeasure (SPCC) Plan". Describe preventative measures including the location of refueling and storage facilities and the handling of hazardous material. Describe actions to be taken in case of a spill. Identify personnel, equipment, and resources available to address spill prevention and response. Do not use equipment with leaking fluids. Repair equipment fluid leaks immediately. Keep absorbent material manufactured for containment and cleanup of hazardous material on the job site. Notify the CO of hazardous spills.
(c)Dirt, plant, and foreign material. Remove dirt, plant, and foreign material from vehicles an d equipment before mobilizing to work site. Prevent introduction of noxious weeds and non- native plant species into the work site. Follow applicable Federal land management agency and state rules and regulations. Maintain cleaning and inspection records.
(d)Clearances for Contractor -selected, noncommercial areas. Contractor- selected, noncommercial areas include material sources, disposal sites, waste areas, water sources, haul roads, and staging areas located outside project construction limits and permitted commercial areas. Allowed commercial areas include enterprises or developed areas providing same type material or use over the last 2 years with appropriate permits and agreements. Before using a Contractor- selected, noncommercial areas, submit the following for approval :
(1)Description, schedule, and map of area.
(2)Documentation of compliance with applicable laws , rules, and regulations.
(3)Owner approval for the area use. If use of Federal land is proposed, submit an approval letter or special use permit from the applicable Federal land management agency.
(4)Legal compliance for the area use. Submit documentation showing compliance with applicable tribal, state, and local laws includ ing permits or other approvals issued for the area use.
107.11Protection of Forests, Parks, and Public Lands. Comply with the rules and regulations of the state fire marshal, conservation commission, Federal land management agency, or other authority hav ing jurisdiction governing the protection of land including or adjacent to the project.