107.05 Federal Aid Participation.
LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
107.01 Laws to be Observed.
The Contractor shall keep fully informed of all Federal and State laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tr ibunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders , and decrees; and shall protect and indemnify the State and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his employees. The Contra ctor shall provide for the safety of his employees and the public along with protection of property in the performance of the work. Particular reference is made to the Federal Occupation Safety and Health Act Title 29, CFR Part 1926 (Published December 16, 1972, and all applicable amendments) for construction work and Part 1910 (Published May 29, 1971, and all applicable amendments) for general industry standards for those materials not covered in Part 1926, which is a condition of the contract and shall be a condition of any subcontract entered into pursuant thereto. All ocean shipping of materials and products used on Federal -aid highway projects shall comply with the requirements of Part 381, Title 46, CFR. The prime Contractor shall submit copies of all commercial ocean bills of lading to the Maritime Administration in Washington at the following address: Chief, Division of National Cargo MAR 822 Maritime Administration 400 7th Street, S.W. Washington, DC The Contractor's letter of transmittal shall show his address, the project number, project location, and the type materials involved.
107.02 Permits, Licenses and Taxes.
The Contractor shall procure all permits, and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work.
107.03 Patented Devices, Materials, and Processes.
If the Contractor employs any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the Surety shall indemnify and save harmless the State, any affected third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the State for any costs. expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecu tion or after the completion of the work.
107.04 Restoration of Surfaces Opened by Permit.
The right to construct or reconstruct any utility service in the highway or street or to grant permits for same, at any time, is hereby expressly reserved by the Department for the proper authorities of the municipality in which the work is done. When an individual, firm or corporation is authorized through a duly executed permit from the Department, the Contractor shall allow parties bearing such permits, and only th ose parties, to make openings in the highway. When ordered by the Engineer, the Contractor shall make in an acceptable manner, all necessary repairs due to such openings and such necessary work will be paid for as extra work, or as provided in these specif ications, and will be subject to the same conditions as original work performed.
107.05 Federal Aid Participation.
When the United States Government participates in the cost of the work covered by the contract, the work shall be under the supervision of th e State but subject to the inspection and approval of the proper officials of the United States Government and in accordance with the applicable Federal Statutes and rules and regulations made pursuant thereto (Reference Title 23, U.S. Code as amended).
107.06 Sanitary, Health and Safety Provisions.
Such inspection shall in no sense make the Federal Government a party to this contract and will in no way interfere with the rights of either party hereunder. The Contractor and Subcontractor shall not discriminate on the basis of race, color, national origi n, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of USDOT assisted contracts. Failure by the Contractor to carry out these requirements is a material breach o f this contract, which may result in the termination of this contract or such other remedy, as the ALDOT deems appropriate.
107.06 Sanitary, Health and Safety Provisions.
The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his employees as may be necessary to comply with the requirements of the State and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, State and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his health or safety.
107.07 Public Convenience and Saf ety.
a.Care of Traffic. The Contractor shall at all times conduct his work so as to insure the least possible obstruction to traffic. The safety and convenience of the general public and residents along the highway shall be provided for by the Contractor as specified under Article 104.04. The Contractor shall have no greater length or amount of work under construction than he can prosecute properly with due regard to the rights of the public. The Contractor shall immediately clean up any spillage resultin g from hauling operations along or across any public traveled way. The Contractor shall notify the Engineer before starting any construction work that might inconvenience or endanger traffic and shall make such arrangements for the safety and convenience o f traffic as may be required by the Engineer.
b.General Public. In general, vehicles of the traveling public shall have preference over those of the Contractor to the end that vehicles of the traveling public shall not be unduly delayed for the convenience of the Contractor. When so directed the Contractor shall station flagmen, whose sole duties shall consist of directing traffic safely and expeditiously through or around the work. Materials and equipment on the right of way shall be so placed as to insu re minimum danger to the traveling public. Where traffic passes through construction, a suitable width shall be maintained level and smooth to provide satisfactory passage. This width shall be watered or treated with dust control agents as directed to prev ent dust nuisance. Soil aggregate, aggregate, or other suitable material shall be spread where and as directed by the Engineer to facilitate movement of traffic over soft portions of this width. Traffic shall be maintained over or around structures and cul verts.
c.Cooperation with Fire Department. The Contractor shall arrange his work so that there will be no undue or prolonged blocking of business establishments. Fire hydrants shall be kept accessible at all times. In the absence of local ordinances, no obstruction shall be placed within 15 feet {5 m} of a fire hydrant. The Contractor shall notify the Chief of the Fire Department in writing 24 hours before it becomes necessary to block a cross street.
d.Compensation. The Contractor shall comply with all the requirements for public safety and convenience listed in this Article without extra compensation, except for the items of temporary surface material, Section 430, which shall be paid for at the contract unit price, or as extra work if the contract does not contain unit prices for these items.
107.08 Railway -Highway Provisions.
a.Notification. No work of any character shall be commenced on the railroad right of way until the railroad company has been duly notified by the Contractor in writing (with a copy forwarded to the Engineer)
107.09 Construction in Wetlands and Over or Adjacent to Waters of the United States.
of the date he proposes to begin work and until an authorized representative of the railroad company is present, unless the railroad company waives such requirement.
b.Inspection By Railroad Company. All changes in approve d plans and all work performed by the Contractor involving railroad crossings shall be subject to the inspection and approval of the chief engineer of the railroad company, or his authorized representative. Any precautions considered necessary by said chief engineer to safeguard the interests of the railroad company shall be taken by the Contractor without extra compensation. The State shall not be held responsible for delay to the Contractor's work due to any delay in securing such approval of construction features or changes therefrom; and any additional cost incurred by the Contractor due to such delay shall be considered as completely covered by the contract unit prices for the various items of work involved in the contract. For such delays, working days will not be charged on working day contracts, and appropriate time extensions will be granted for contracts on a calendar day or date basis. If work remains to be completed after the expiration of contract time the Contractor shall reimburse the Departmen t for all of the costs charged by the railroad company for the inspection and monitoring of the remaining work.
c.Temporary Grade Crossing. The Contractor shall make all arrangements with Railway Companies for the establishment of any temporary crossing to be used by the Contractor for transporting materials and equipment across their tracks. Permission for such a crossing must be obtained from the Railway Engineer prior to establishment of the crossing. All costs for installation, maintenance, any necessary watching and flagging thereof, and the removal shall be borne by the Contractor. The Contractor shall so plan his work so as not to delay Railroad Company operations.
107.09 Construction in Wetlands and Over or Adjacent to Waters of the United
States.
a.General. Section 404 of the Federal Water Pollution Control Act of 1972 sets forth certain restrictions and requirements for materials placed in waters of the United States that are applicable to construction over or adjacent to waters of the United S tates. The Department will obtain any special permits necessary for the construction of the project within the scope of the design details of the contract plans and the specifications for the project. Generally, compliance with the above law can be accompl ished by following the plan details along with adhering to the Specification requirements of Articles 107.13, 107.20, 107.21, 107.22, 107.23, and Section 665, utilizing the methods outlined in Section 665. The Contractor will be required to operate within the limits of any special permit issued for the construction work on a project. Attention is directed to the fact that construction methods or work in the flood plain area varying from plan details, specifications and permit proposed strictly for the convenience of the Contractor will require additional permit clearance. Any additional clearance, permit, etc. necessary to comply with the above noted laws shall be the sole responsibility of the Contractor and clearance for such work must be in the Engin eer's hands before he will allow such work to proceed.
b.Work Over Navigable Waters. In addition to the provisions of Subarticle (a) above, all work over or on navigable waters shall be so conducted that free navigation of waterways will not be interfere d with and that the existing navigable depths will not be impaired except as allowed by permit issued by the U.S. Coast Guard and/or U.S. Army Corps of Engineers, as applicable. The Department will obtain the necessary permit for the construction of the project within the scope of the design details shown by the plans, any special conditions will be noted on the plans or included in the contract documents. Should the Contractor, for his convenience, wish to use construction methods or perform work outside o f the scope of the permit obtained by the Department, he shall be solely responsible for obtaining any additional work permit from the appropriate authority.
c.Special Conditions Should the required work be permitted under a US Army Corps of Engineers “N ationwide Permit” or “Individual Permit”, the Contractor shall abide by all the applicable requirements for each type of
107.10 Barricades and Warning Signs.
permit. Both types of permits are subject to the general requirements given in 33 CFR Part 330 “Nationwide Permit Program”. A copy of the permit and its requirements will be included in the Construction Best Management Practices Plan (CBMPP) and made available for review during the project advertising period. A copy may be obtained from the ALDOT Office Engineer, and the successful bidd er will be given a copy.
107.10 Barricades and Warning Signs.
The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices; shall provide qualified flagmen where necessary to direct traffic; and shall take all necessary precautions for the protection of the work and safety of the public. Highways or parts of the work closed to traffic shall be protected by effective barricades; obstructions shall be delineated; suitable warning signs shall be provided to properly control and direct traffic. All signs, barricades, etc. shall be reflectorized in an approved manner and if directed by the Engineer, supplemented with warning lights o r illumination to increase their effectiveness. The Contractor shall erect warning signs in advance of any place on the project where operations may interfere with the use of the road by traffic, and at all intermediate points where the new work crosses or coincides with an existing road. Such warning signs shall be placed and maintained in accordance with the plans furnished. No signs, barricades, lights or other protective devices shall be dismantled or removed without permission of the Engineer. All barr icades, warning signs, lights, temporary signs, and other protective devices shall conform with the MUTCD.
107.11 Use of Explosives.
a.General. It is the intent of this Article to provide general guides for the handling and use of explosives. The Contrac tor shall use all precaution, control, and safety features outlined by this Article as well as any additional requirements felt necessary to insure the safety of life or property in the area of operations.
b.Control. When the use of explosives is necessa ry for the prosecution of the work, the Contractor shall use the utmost care not to endanger life or property. Blasting operations shall be performed under the most skilled supervision. Where necessary and at any point of special danger, the Contractor sha ll use suitable mats or other approved methods to smother his blast. No loaded hole shall be left unattended. Where blasting is to be done in streams, the Contractor shall notify the Conservation Department sufficiently in advance to permit on -the-site obs ervation by Conservation Department personnel at the time of the blast. Where blasting is performed in urban areas or areas that are heavily populated, extreme care shall be taken to minimize the amount and degree of ground vibration, noise, overpressure, and flying debris.
c.Storage of Explosives. All explosives shall be stored in a safe manner, in compliance with local, State, and Federal laws and ordinances.
d.Warning of Blasting. The Contractor shall warn each utility company having structures in proximity to the blasting area of his intentions to use explosives. Such warning shall be sufficiently far in advance of blasting to enable the company to protect its property. Such warning, however, shall not relieve the Contractor of responsibility for any damage resulting from blasting. The Contractor shall erect suitable signs on all roads in the immediate vicinity of blasting operations, warning of blasting activity. The signs shall also include warning that all portable radio transmitters should be turn ed off while in the vicinity. If required, the Contractor shall control traffic by use of flagmen and guards in the danger zone of blasting. In all urban areas, and other heavily populated areas when designated by the plans or proposal, the Contractor or h is insurer shall conduct a pre -blast survey of all structures to determine the existing or preblasting condition, such survey being a written description with special emphasis on defects and documented with appropriate photographs. This survey is intended to serve as a basis of comparison for any post -blast claims that may arise. The Contractor or his insurer shall obtain the services of a competent vibration or seismologist consultant to conduct both blast noise, vibration and overpressure surveys at perio dic intervals during the progress of the blasting operations. It is the intent of this Section
107.12 Protection and Restoration of Property, L andscape and Utility Facilities.
to serve as protection to the Contractor to minimize the post -blast claims and not to require unwarranted work. The Contractor shall use every precaution available and practical to minimize ground vibration, noise and overpressure. The Contractor and his surety shall indemnify and save harmless the State, the Director and all its representatives from all claims for damages arising out of the use, transportation, or storage of explosives.
107.12 Protection and Restoration of Property, Landscape and Utility Facilities.
a.Property and Landscape. The Contractor shall not enter upon private property for any purpose without permission first being obtained from the owners and lessees. The Contractor shall be responsible for preservation of all public and private property, utilities, monuments, highway signs, etc. on or adjacent to the highway. He shall not remove, injure, or destroy without proper authority trees or plan ts that are shown on the plans or ordered by the Engineer to remain on or adjacent to the right of way. The Contractor shall protect from disturbance all land markers until an authorized agent has witnessed or referenced the locations and shall not move th em until directed. The Contractor shall notify the Engineer immediately upon discovery of artifacts or other articles of possible archeological value revealed by his operations, and shall carefully preserve them and prevent disturbance of the site until th e Engineer has had opportunity to arrange appropriate disposal. Highway signs and markers shall be carefully removed as the grading operations progress and stored in a manner to keep them clean and dry. When the work affects the foundation support of any b uilding along the work, the Contractor shall give property owners and lessees direct and sufficient notice to support such buildings. The Contractor and his surety shall hold the State, the County, the Municipality, the Director, and the Engineer harmless from any damage resulting from undercutting any such buildings. The Contractor shall be solely and exclusively responsible for any and all restoration, repair or replacement of public and private property due to, caused by, or as a result of any act, omiss ion, negligence or misconduct of the Contractor. The Contractor shall provide an appropriate remedy as approved by the Engineer. Failure on the part of the Contractor to satisfy the requirements given in this Subarticle, shall result in the Engineer affecting an appropriate remedy at the Contractor’s expense.
b.Utilities.
1.Where the Contractor's operations are adjacent to utili ties or other property, damage to which might result in expense, loss, or inconvenience, work shall not be begun until all arrangements necessary for property protection has been made. The Contractor shall be responsible to the owners and operators of suc h property for any damage, loss, or inconvenience. He and his surety shall defend any suits, actions, or claims of any character brought due to injuries or damages resulting from performance of the work under this contract. If required by the Director, he shall furnish a certificate of his public liability and property damage insurance to each utility company or individual owning or operating any of the properties affected in the guarantee of this responsibility.
2.The Contractor shall cooperate with the o wners of any utilities in their removal and rearrangement operations so that the utility companies may conduct their operations in a reasonable manner with a minimum of duplication of the work and interruption of services. The Contractor will be furnished by the Department information that is reasonably available in regard to existing or proposed new utilities, but the accuracy of such information is not guaranteed by the Department. It shall be the Contractor's responsibility to secure information necessar y for proper handling and coordination of utility work. He shall give at least 48 hours written notice to owners or operators of all properties that may be affected by his operations before beginning such operations. He shall not hinder or interfere with utilities in protection or operations of the properties. When such properties are endangered, the Contractor at his own expense shall maintain flagmen or watchmen and other necessary precautions to avoid interruption of service or danger to life or property . He shall promptly replace, restore, or make good in an acceptable manner any injury or damage caused by his operations.
3.In event of interruption to water or utility services as a result of the Contractor's operations, he shall notify promptly the proper authority and cooperate with the said authority in restoration of service as promptly as possible.
107.13 Woodland Protection, Conservation, Abatement of Water Pollution and Quarantine Regulations.
107.13 Woodland Protection, Conservation, Abatement of Water Pollution and
Quarantine Regulations. The Contractor shall comply with all regulations of the State Fire Marshal, Conservation Department, Forestry Department, or regulatory body governing the protection of forests and other conservation areas, and the carrying out of work within such areas, and shall observe all laws and regulations with respect to the performance of work in such areas. He shall keep the areas in an orderly condition, dispose of all refuse, obtain permits for the construction and maintenance of all construction camps, stores, warehouses, residences, sanitary facilities, and other structures in accordance with the requirements of the Forest or Conservation supervisor. It shall be the Contractor's responsibility to contact the local representatives of the Alabama Department of Agriculture and Industries, and the U.S. Department of Ag riculture in order to advise himself, his agents, and his employees regarding quarantined areas and quarantine restrictions affecting his organization while operating within, from or through such areas. Special attention is directed to soil and/or machiner y treatment which may be required when operating in, from or through quarantined areas. A list of agents of these two Departments will be furnished the Contractor upon request prior to beginning of his construction or maintenance operations. The State will not be liable for any additional compensation for extra costs arising from quarantine restrictions or penalties. The Contractor's attention is directed to the requirements for stormwater management as noted in
Article 107 — 21 along with the taking of all r easonable precautions to prevent and suppress fires and other
detrimental items which may be caused by construction operations. This includes protecting streams, lakes and reservoirs from contamination by siltation or other harmful materials, and the use of conservation practices of the Conservation Services by the Contractor, his employees and subcontractors during the work, which will include but are not limited to the following:
a.Diligently undertake precautions for the prevention of and for suppressi ve action in the event of fire resulting from highway construction. This will require the Contractor to -
1.Comply with all State laws, rules and regulations for prevention and suppressive action for forest fires.
2.Prepare and submit to the Department a fire prevention and control plan. The fire prevention and control plan must be on file and in effect before work on the item of Clearing and Grubbing will be permitted.
3.Comply with the fire plan noted in Item 2 above. When a burn permit is required, th e permit number shall be provided to the Engineer prior to performing the burning operation.
b.Unmerchantable material including tops, branches, etc., may be disposed of by piling and burning as directed. Alternate methods of disposal, including any of t he following methods or combinations of methods (lop and scatter, chip, broadcast, burn, remove, pile only) must be approved in advance by the Engineer.
c.Protect and preserve the soil and vegetative cover and scenic and aesthetic values on the right of way and on adjacent lands so far as practical and consistent with the construction, operation and maintenance of the highway. An allowable disturbance of soil and vegetation cover outside the construction limits may be shown on the plans. The Contractor's proposed disturbance of soil and vegetation cover outside of the construction limits will only be allowed upon written approval of the Engineer.
d.The Contractor shall be responsible for the prevention and control of soil erosion and gullying within the right of way covered by the project and the lands immediately adjacent thereto as a result of the road construction, and shall revegetate with grass, or other herbaceous plants, ground where the soil has been exposed. Slopes in channel changes on all branc hes and creeks shall be seeded and fertilized above the water line and in no case will the toe of fill slopes be allowed to fall within stream or creek channels unless adequate slope protection is placed in accordance with plan details or as directed by th e Engineer. All soil left within the right of way shall be leveled off and/or dressed out and seeded or sprigged in a manner that will permit healing of ground surface and present a pleasant appearance.
e.Construction operations shall be planned and cond ucted in such a manner so as to prevent when necessary and otherwise minimize pollution of streams, lakes and reservoirs with sediment or other harmful material used in the construction of the project.
f.Waste, loose soil or other materials removed from the roadway or channel changes shall not be deposited in live streams. Depositing material into the streams or stream channel where it
107.15 Liability Insurance.
would be washed away by high stream flows will not be permitted. Surplus material may be deposited only in disposal areas approved by the Engineer. Disposal areas outside of the project right of way must be operated so as to blend into the surrounding area utilizing an erosion control plan, etc. as prescribed for the use of offsite areas in Article 106.01 with any cost there of considered incidental to the use of the disposal area. Disposal areas within the project right of way shall be dressed and treated as directed using erosion control items provided in the contract for payment of directed work.
g.The hauling of material s, including logs, brush, and debris by fording live streams will not be permitted. Temporary bridges or other structures must be provided for this purpose.
h.Operations of mechanized equipment in live streams or stream channels will not be permitted except in areas where channel changes, retaining walls, temporary or permanent bridges or other such work is required by the plans, or directed.
i.Fuels, oils, bitumen or other greasy or chemical substances originating from construction operations shall not be allowed to enter or be placed where they may enter a live steam.
j.The outlet ends of all channel changes shall be so laid out and aligned as to provide direct flow into old stream beds without an abrupt direction change.
k.The operations for any m aterial pit located within sight of the project right of way or any other State or Federal highway shall be conducted in accordance with the requirements given in
Article 106 — 01, allowing adequate space for conservation of existing natural screenings or
permit the installation of screen planting between the road surface and the disturbed area. Pit sites shall be dressed to obliterate any unsightly appearance and treated in such a manner that erosion of the pit will not occur and result in the pollution of t he water shed area.
107.14 Responsibility for Damage Claims.
a.General. The Contractor shall indemnify and save harmless the State, the Department, the County, the Municipality, the officers and employees from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property due to the operations of the Contractor; or because of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of the Contractor; or because of any claims or amounts arising or recovered under the "Workmen's Compensation Act" or any other law, ordinance, order, or decree; and so much of the money due the Contractor under and by virtue of his contract as may be considered necessary by the Department for such purpose, may be retained for the use of the State; or, in case no money is due, his surety will be held liable until s uch suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the Department; except that money due the Contractor will not be withheld when the Contract or produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. The State will not be liable to the Contractor for damage or delays resulting from work by third parties or by injunctions or other restrai ning orders obtained by third parties except as noted in Subarticle 108.07(b).
b.Temporary Stream Crossings. When the Contractor is required to construct temporary stream crossings, the responsibility of the Contractor as above set forth shall extend to and include such structures together with their approaches.
c.Reporting Accidents . The Contractor shall submit a verbal report to the Engineer no later than the next working day after their occurrence all accidents occurring on the work which involve the public or the Contractor's forces. Accidents involving fatalities shall be verbally reported within eight hours. The Contractor shall follow this verbal report with a written report within ten calendar days after the accident. The report shall contain complete information on the accident including names, addresses of persons involved, and names and addresses of witnesses.
107.15 Liability Insurance.
The Contractor, without extra compensation, shall carry insurance of the follow ing kinds and amounts in addition to any other forms of insurance or bonds required under the terms of the contract specifications. All insurance shall be by companies authorized to do business in Alabama involving these
107.16 Opening Sections of Project to Traffic.
types of insurance. Before beginnin g work, the Contractor shall have on file with the Department's Bureau of Office Engineer a valid insurance certificate showing the amounts of insurance carried and the risks covered thereby, or a copy of the policies, covering the requirements outlined herein in this Article, along with Workmen Compensation coverage, before he will be allowed to perform any work on a contract. It shall be the Contractor's responsibility to provide the information on his coverage in a timely and acceptable manner. The Depa rtment will not be responsible for delays or damages caused by failure on his part to provide this information in a timely, acceptable manner. Certificates of coverage shall be on the Department's Form OE -04, or a form acceptable to the Department, that provides all of the information required by Form OE -04. Certificates shall have an original signature of the local (within the State of Alabama) representative of the insurance company providing coverage. The insurance coverage shall be provided on a continu ous basis from the date work begins until the contract has been completed. Certificates of insurance shall indicate the policy period of the coverage. Should insurance coverage expire before the work is complete or the insurance company cancels the policy (30 day notice required), work on the project for the construction firm involved will be halted until a notice of renewal of the coverage is received by the Bureau of Office Engineer. The Department will not be responsible for any delays, damages, or claim s on the part of the contracting firm not providing renewal certificates in a timely and acceptable manner. If work is halted as outlined above, working time will be charged as outlined in Subarticle 108.08(a).
a.Contractor's Bodily Injury Liability and Property Damage Liability Insurance. The Contractor without extra compensation shall carry for himself, and shall require from all Subcontractors on the contract, until the contract is completed, with respect to the operations he or the Subcontractors perf orm, both premises operations and independent contractor's coverages, contractor's bodily injury liability insurance providing for a limit of not less than $100,000 for all damages arising out of bodily injury to or death of one person, and subject to that limit for each person, a total limit of $300,000 for all damages arising out of bodily injury to or death of two or more persons in any one occurrence. The Contractor without extra compensation shall carry for himself, and shall require from all Subcontra ctors on the contract, until the contract is completed, with respect to the operations he or the Subcontractors perform, both premises operations and independent contractor's coverages, contractor's property damage liability insurance providing for a limit of not less than $50,000 for all damages arising out of injury to or destruction of property in any one occurrence and a total of $100,000 for all occurrences during the policy period.
b.Railroad's Protective Bodily Injury Liability and Property Damage Liability Insurance. When the contract specifies such, the Contractor shall carry insurance for himself and insurance in the name of the railroad company in the amounts and under the terms specified in special provisions provided in each contract; otherwis e, the provisions of Subarticle 107.15(a) shall apply.
c.Automobile and Truck Bodily Injury Liability and Property Damage Liability Insurance. The Contractor without extra compensation shall carry for himself, and shall require from all Subcontractors an d all owners of automobiles or trucks rented or hired on the contract, until the contract is completed, automobile and truck bodily injury liability and property damage liability insurance for not less than the limits prescribed by the Alabama Financial Re sponsibility Law. The Contractor also shall carry for himself insurance for non -owned and hired automobiles and truck coverage to at least the limits prescribed by the Alabama Financial Responsibility Law.
107.16 Opening Sections of Project to Traffic.
Opening of sections of the work to traffic prior to completion of the entire contract may be desirable from a traffic service standpoint, or may be necessary due to conditions inherent in the work, or by changes in the Contractor's work schedule, and may be n ecessary due to conditions or events unforeseen at the time of the contract. Such openings as may be necessary due to any of the foregoing conditions shall be made when so ordered by the Engineer. Under no condition shall such openings constitute acceptanc e of the work or a part thereof, or a waiver of any provisions of the contract. The plans and/or special provisions shall state, insofar as possible, which sections shall be opened prior to completion of the contract. On any section opened by order of the Engineer, whether covered on the plans or in the special provision or not, the Contractor shall not be required to assume any expense entailed in maintaining the road for traffic. Such expense shall be borne by the Department, or
107.20 No Waiver of Legal Rights.
compensated for in a manner provided in Article 109.04. On such portions of the project which are ordered by the Engineer to be opened for traffic, in the case of unforeseen necessity which is not the fault of the Contractor, compensation for additional expense, if any, to the Cont ractor and allowance of additional time, if any, for completion of any other items of work on the portions of the project ordered by the Engineer to be opened in the event of such unforeseen necessity, shall be as set forth in a change order mutually agreed on by the Engineer and the Contractor as set forth herein. If the Contractor is dilatory in completing shoulders, drainage structures, or other features of the work, the Engineer may so notify him in writing and establish therein a reasonable period of t ime in which the work should be completed. If the Contractor is dilatory or fails to make a reasonable effort toward completion in this period of time, the Engineer may then order all or a portion of the project opened to traffic. On such sections which ar e so ordered to be opened, the Contractor shall conduct the remainder of his construction operations so as to cause the least obstruction to traffic and shall not receive any added compensation due to the added cost of the work by reason of opening such section to traffic. On any section opened to traffic under any of the above conditions, whether stated on the plans or in the Special Provisions or opened by necessity of Contractor's operations, or unforeseen necessity, any damage to the highway not attribu table to traffic which might occur on such section (except slides) shall be repaired by the Contractor at his expense. Slide corrections performed by the Contractor shall be compensated for in accordance with the provisions of Article 210.10.
107.17 Contra ctor's Responsibility for Work.
Until final written acceptance of the project by the Engineer, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the work. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any of the above causes before fi nal acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of governmental authorities. Where a roadway is open to traffic, damage caused by public traffic to any acceptably installed permanent item(s) of work shall be re paired by the Contractor before final acceptance. Damage to portable impact attenuators shall be repaired by the Contractor as necessary. If the damage to these items was not caused by the fault or negligence of the Contractor, then the Contractor will be compensated for the repair work either at the contract unit bid price(s) of the original item(s) of work or as extra work, as determined by the Engineer. In case of suspension of work, the Contractor shall be responsible for the project, provide for normal drainage and shall erect any necessary temporary structures, signs, or other facilities at his expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established plantings, seedings, and soddings furnished under his contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury.
107.18 Furnishing Right- Of-Way.
The Department will be responsible for the securing of all necessary rights -of-way in advance of construction. Any exceptions will be indicated in the contract.
107.19 Person al Liability of Public Officials.
In carrying out any of the provisions of these specifications, or in exercising any power or authority granted to them by or within the scope of the contract, there shall be no liability upon the Director, Engineer, or their authorized representatives, either personally or as officials of the State, it being understood that in all such matters they act solely as agents and representatives of the State.
107.20 No Waiver of Legal Rights.
Upon completion of the work, the Depar tment will expeditiously make final inspection and notify the Contractor of acceptance. Such final acceptance and processing of the final estimate, however, shall not preclude or estop the Department from correcting any measurement, estimate, or certificat e made before or after completion of the work, nor shall the Department be precluded or estopped from recovering from the Contractor or his surety, or both, such overpayments as it may sustain, or by failure
107.21 Stormwater Ma nagement.
on the part of the Contractor to fulfill his obl igations under the contract. A waiver on the part of the Department of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the contract, shall be liabl e to the Department for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Department's rights under any warranty or guaranty.
107.21 Stormwater Management.
a.Protection of Project Site and Adjacent Property. The Cont ractor shall perform the work while protecting the project site and adjacent property from contaminated and turbid stormwater runoff. The requirements in Section 665 shall apply to all work regardless of whether or not any of the pay items of Section 665 a re included in the contract. When a pay item is not in the contract for an item of temporary erosion control, and the work is deemed necessary by the Engineer to restore or maintain compliance with the ADEM NPDES General Permit or the contract, the work wi ll be paid for as Extra Work. The Contractor shall minimize the introduction of and remove sediment, nutrients, and other pollutants in stormwater runoff originating within the ALDOT right of way. The quality of water originating off of the right of way an d entering the project site shall not be diminished as it flows through the site.
b.Best Management Practices. The Contractor shall implement and maintain appropriate structural and nonstructural Best Management Practices (BMPs) for the prevention and co ntrol of nonpoint sources of pollutants, e.g., sediment, oil and grease, chemicals, etc., during project construction. The Contractor shall abide by the regulations of the Alabama Department of Environmental Management (ADEM) applicable to construction sto rmwater and the National Pollutant Discharge Elimination System (NPDES) General Permit.
c.NPDES Permit Coverage for Construction Stormwater Discharge . A Project Note will be shown on the plans indicating the status of NPDES permit coverage for constructi on stormwater discharge and the availability of a preliminary ALDOT Construction Best Management Practices Plan (CBMPP) for the project. When NPDES permit coverage is required and retained by ALDOT, the Alabama Department of Transportation is considered to be the Permittee and the Engineer is considered to be the Responsible Official. When NPDES permit coverage is required and retained by the Local Public Agency (LPA), the LPA is considered to be the Permittee and the LPA will designate their Responsible Of ficial. The Permittee is responsible for all required NPDES Permit maintenance, renewal, modification, and termination. The Contractor shall be responsible for obtaining applicable NPDES permit coverage through ADEM for all material pits, waste areas, pla nt sites, haul roads and other off -site areas selected by the Contractor to construct the project. Copies of the written acknowledgement from ADEM verifying that permit coverage has been obtained shall be forwarded to the Engineer with or as part of the Contractor’s Stormwater Management Plan (SWMP) before ground is disturbed in these areas.
d.Weather Preparedness and Recovery. The Contractor shall prepare a project specific weather preparedness and recovery plan as part of the Contractor’s SWMP. At a min imum, the plan shall include details to implement the following four components to the maximum extent practicable:
1.Unexpected Weather Preparations. • Cover unstabilized ditches with polyethylene, or other material, securely anchored to prevent erosion of the channel. Where feasible, the required permanent stabilization should be installed instead of temporary measures. • Cover unstabilized slopes with Temporary Mulching, polyethylene, or other material, securely anchored to prevent erosion of the slope. Wher e feasible, the required permanent stabilization should be installed instead of temporary measures.
2.Forecasted Weather Preparations. • Plan work to minimize additional soil disturbance in the days preceding an event. • Ensure all BMPs are properly installed and maintained to prevent erosion, capture sediment, and reduce turbidity.
107.21 Stormwater Management.
• Cover unstabilized ditches with polyethylene, or other material, securely anchored to prevent erosion of the channel. Where feasible, the required permanent stabilization should be installed instead of temporary measures. • Cover unstabilized slopes with Temporary Mulching, polyethylene, or other material, securely anchored to prevent erosion of the slope. Where feasible, the required permanent stabilization should be installed instead of temporary measures.
3.Severe Weather Preparations. • Dewater basins and close basin outlet pipe valves to maximize the capture and treatment of turbid stormwater. • Install temporary diversions to route stormwater away from critical areas. • Remove sediment from existing BMPs to maximize the capture of new sediment . • Review and improve or upgrade BMPs which have performed poorly during previous precipitation events. • Plan work to minimize additional soil disturbance in the days preceding an event. • Ensure all BMPs are properly installed and maintained to prevent erosio n, capture sediment, and reduce turbidity. • Cover unstabilized ditches with polyethylene, or other material, securely anchored to prevent erosion of the channel. Where feasible, the required permanent stabilization should be installed instead of temporary m easures. • Cover unstabilized slopes with Temporary Mulching, polyethylene, or other material, securely anchored to prevent erosion of the slope. Where feasible, the required permanent stabilization should be installed instead of temporary measures.
4.Weat her Recovery. • Immediately repair any breach in basin dams. • Remedy hazardous conditions. • Conduct a Site Inspection of the entire project site in accordance with Item 107.21(e)2. • Create a schedule of needed Corrective Actions in accordance with Item 107.21(e )4., which will be included in the Noncompliance Notification Report submitted to ADEM; set repair priorities starting at the discharge point in each drainage area when possible and evaluate environmental impacts, offsite impacts, timeliness of accessibility for repairs, and public perception.
e.Inspections and Corrective Actions
1.Daily Observations. The Contractor’s Qualified Credentialed Inspector (QCI) and the Department’s Project QCI shall perform daily observations of discharge points and areas of the project where the ground is disturbed and record rainfall measurements and weather information. If any previously undocumented BMP deficiencies or other regulatory violations are observed, the Project QCI will notify the Department’s Project Qualified Credentialed Professional (QCP), the Contractor QCI shall notify the Contractor QCP and/or Superintendent, and a formal Site Inspection will be performed.
2.Site Inspections. When the project is covered by the NPDES General Permit, formal inspections shal l be made by the Contractor QCI and the Project QCI together, under the supervision of the Contractor QCP and/or Superintendent and the Project QCP, respectively. Project site inspections of the construction best management practices shall be made by the Q CIs per the requirements of the NPDES permit and no less frequently than once per week and after the accumulation of 3/4 inch {75 mm} of rainfall within 24 hours. The project site inspections shall be initiated as soon as possible and within 24 hours of resuming work on the project and shall be completed no later than 5 days after a qualifying rain event. Inspection Certification Reports and Noncompliance Notification Reports (if warranted) will be entered into the Department's Stormwater Tracking System (S WTS) by the Project QCI. Required verbal notifications of noncompliance to ADEM are the responsibility of the Permittee. Construction stormwater sampling and turbidity monitoring shall be performed by the Permittee when directed by the Project QCP or as re quired by the NPDES General Permit. The Contractor QCI and the Project QCI shall both be present during stormwater sampling. Stormwater Turbidity Sampling Reports (if required) will be entered into the Department’s SWTS by the Project QCI. If the NPDES permit is held by the LPA, the reports shall be written using ADEM’s Form 23 11/11 or Form 25 11/11 (if applicable) by the LPA QCI. Formal inspections shall be reported to ADEM by the
107.22 Environmental Protection and Spill Prevention.
Permittee in accordance with NPDES permit requirements. Copies of all draf t reports shall be provided to the Engineer no later than 24 hours after the inspection. Copies of signed reports shall be submitted to the Engineer no later than 5 days after the inspection.
3.QCP Site Evaluations. The Permittee’s Qualified Credentialed Professional (QCP) shall personally perform site evaluations in accordance with the NPDES General Permit at least once per every three months for Priority Construction Sites and once per every six months for Non -priority Construction Sites. These evaluat ions shall consist of an onsite inspection of all erosion, sediment, and turbidity control best management practices being implemented to determine adequacy and consistency with site conditions and shall include a review of the CBMPP to ensure proper maint enance. The resulting inspection reports shall be submitted to ADEM by the Permittee’s QCP. For ALDOT held NPDES permits, the resulting inspection reports will be entered into the Department’s SWTS by the Project QCP.
4.Corrective Actions. If an inspecti on report reveals anything outside of regulatory compliance, the NPDES General Permit requires immediate corrective action shall be taken by the Contractor and completed prior to the next storm event but no later than 5 days after the inspection unless prevented by unsafe weather conditions. Additional inspections shall be performed until the observed deficiency is corrected and in compliance with the NPDES General Permit. Should discharges from construction activity cause or contribute to instream turbidit y exceeding background turbidity by more than 50 nephelometric turbidity units (NTUs), or cause substantial visible contrast with background turbidity, the Contractor shall suspend construction activity in the drainage area discharging to the affected Stor mwater Discharge Point until effective corrective actions are implemented and instream turbidity decreased to acceptable levels. The suspension of construction activities includes all operations that are not directed toward correction of erosion, sediment, and turbidity control best management practices, permanent stabilization, or returning the project to regulatory compliance. ALDOT has the right to require the suspension of similar construction activities throughout the project should conditions and actions by the Contractor be deemed unacceptable by the Engineer. Any damage to properties adjacent to the project site due to the Contractor’s acts, omissions, misconduct, intentional or negligent conduct regarding stormwater management shall be restored in accordance with the requirements of Article 107.12. Any regulatory fines, costs, damages, or expenses incurred by ALDOT due to the Contractor’s acts, omissions, misconduct, intentional or negligent conduct shall be reimbursed to ALDOT or otherw ise compensated by the Contractor. Any regulatory fines, costs, damages, or expenses incurred by the Contractor for off -site areas are and shall be the sole and exclusive responsibility of the Contractor.
f.NPDES Permit Termination. The Contractor shall be responsible for stormwater runoff control on the project until the NPDES General Permit for coverage of construction stormwater is terminated. Termination of NPDES Permit coverage can only be requested after Acceptance for Maintenance a nd approval by the Engineer. Termination shall be requested no later than 10 days after Acceptance for Maintenance.
107.22 Environmental Protection and Spill Prevention.
The Contractor shall comply with all Federal, State and local laws and regulations con trolling pollution of the environment. The Contractor shall also take all reasonable precautions to prevent pollution of streams, lakes, ponds, reservoirs and other waters of the State with fuels, oils, bitumens, chemicals, or other harmful materials and t o prevent pollution of the atmosphere from particulate and gaseous matter. The Contractor shall comply with all ADEM and local air pollution control programs within the State, and their rules and regulations regarding air pollution matters, especially "ope n burning", "fugitive dust", and "asphalt batching plant" restrictions. A valid permit for "open burning" or operation of an "asphalt batching plant" will be required from the air pollution control agency within whose jurisdiction the work is to be perform ed before such operations will be allowed. Construction and worker debris shall not be exposed to precipitation or stormwater. All construction and worker debris (trash, garbage, discarded construction materials, etc.) shall be immediately removed and disposed of in an approved manner. The Contractor shall minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, concrete washout, and other wash waters. Prior to discharge, all wash waters and dewatering discharges shall be c aptured and treated. Concrete and other material washout pits shall be
107.23 Temporary Construction Encroachment into Streams, Water Bodies and Wetlands.
lined with geotextile filter fabric and have a perimeter barrier to prevent material transport by stormwater. When the Contractor's operations encounter or expose any abnormal, or poten tially abnormal, condition which may indicate the presence of a hazard ous and/or toxic waste, such operations shall be discontinued in the vicinity of the abnormal condition and the Engineer shall be notified immediately. The presence of barrels, discolored earth, metal, wood, visible fumes, abnormal odors, excessively hot earth, smoke or anything else which appears abnormal may be indica tors of hazardous and/or toxic wastes and shall be treated with extraordinary caution. The Contractor shall not resume operations in the vicinity of the abnormal condition until so directed by the Engineer. Disposition of the hazardous and/or toxic waste shall be made in accordance with the requirements and regula tions of the Alabama Department of Environmental Management , these specifica tions, and as directed by the Engineer. Where the Contractor performs work necessary to dispose of hazardous and/or toxic waste, payment will be made at the unit prices for pay items included in the contract which are applicable to such work. When the contract does not include such pay items, payment will be made as provided in Article 109.04 for extra work. The Contractor shall submit to the Engineer and implement a Spill Prevention Control and Counter Measures (SPCC) Plan for all fuel o r chemical storage tanks or facilities located on ALDOT right of way. The SPCC shall be submitted in accordance with the regulations given in the ADEM Administrative Code and the NPDES General Permit . The Contractor shall maintain on- site, or have readily available, sufficient oil and grease absorbing material and flotation booms to contain and clean up fuel or chemical spills and leaks. S oil contaminated by paint or chemical spills, oil spills, etc., shall be immediately cleaned up or be removed and dispos ed of in an approved manner.
107.23 Temporary Construction Encroachment into Streams, Water Bodies and
Wetlands. Temporary encroachment into streams, water bodies and wetlands may be shown as a part of the contract requirements if the encroachment is neces sary for the completion of the work. A Contractor shall submit a request for all other temporary encroachments into streams, water bodies and wetlands if the encroachment is not prohibited by requirements given in the contract. Requests shall be submitted for proposed temporary stream crossings, temporary water diversions, and temporary work bridges and platforms. A request for a temporary encroachment shall be submitted as an attachment to the Contractor’s Stormwater Management Plan and forwarded to the St ate Construction Engineer for review and acceptance. The submittal of the request shall contain the following:
1.A description of how water quality will be protected during the encroachment.
2.A drawing of the proposed encroachment including a dimensioned plan view and elevation view depicting the location and distances from the water body, existing ground elevation, and proposed and existing structures.
3.The drawing shall also include details and dimensions of the pipes, bridges, or other facilities allowing the passage of water. It shall be the responsibility of the Contractor to ensure the opening under or through the drainage facilities is adequately sized to allow for normal seasonal flows.
4.A description of the sequence of placement and eventual removal of any temporary fill.
5.The type and estimated volume in cubic yards {cubic meters} and tons {metric tons} of any fill material proposed to be placed.
6.Provisions required to prevent fill from being eroded and measures for recovering and removing any fill materi al that is eroded. US Army Corps of Engineers or other regulatory approval and notice may be required for the encroachment into streams, water bodies and wetlands. Corps of Engineers approval that is not given to the ALDOT or to the County holding the Nati onwide Permit for the project will not be accepted as being adequate regulatory authorization for the encroachment. All encroachments into streams, water bodies and wetlands shall be done in accordance with the requirements of regulatory permitting, approvals and conditions. Encroachments shall be done in a manner that will minimize the adverse affect on the quality of the water. Maintenance shall be performed
107.24 Permits for Pesticide Application.
as necessary to ensure water passage and to ensure that neither fill nor water is contaminated by equipment fluids or by loose materials falling from equipment. The methods and materials proposed for temporary encr oachments into streams, water bodies and wetlands and the protection of water quality during an encroachment shall be done by the Contractor with no direct payment unless shown otherwise on the plans.
107.24 Permits for Pesticide Application.
All pesticide (including herbicide) applications shall be done under the on -site, direct supervision of a person possessing a Commercial Pesticide Application Permit and a Professional Services Permit (turf and ornamentals category) or a Commercial Applicator Permit an d a Custom Applicator Permit (right -of-way pest control category) issued through the Alabama Department of Agriculture and Industries. Proof of the possession of these permits shall be furnished to the Engineer prior to the commencement of work. Any work performed without the on -site, direct supervision of these permitted individuals will be subject to rejection by the Engineer. SECTION 108 PROSECUTION AND PROGRESS
108.01 Subletting and Assignment.
a.Subletting.
1.Limitations of the Extent of Sublettin g. The Contractor shall not sublet the contract or any portion thereof, or of his right, title, or interest therein, without written consent of the Engineer. If such consent is given, the Contractor will be permitted to sublet a portion of the work, but sh all perform with his own organization, work amounting to not less than 30 percent of the total contract cost. A Contractor that does not perform at least 30 percent of the work with his own organization may be disqualified from further bidding and may not be approved for work in any role or capacity on an ALDOT project. Upon default of the Contractor, the surety will be permitted to have all of the work performed under sublet approval. Work performed without sublet approval will be designated as unauthorized work as noted in
Article 105 — 11.
Any items designated in the contract as "specialty items " may be performed by subcontract and the cost of such specialty items performed by subcontract may be deducted from the tot al cost before computing the amount of work required to be performed by the contractor with his own organization. No subcontracts, or transfer of contract, shall relieve the Contractor of his liability under the contract and bonds. The Department reserves the right to disapprove a request for permission to sublet when the proposed Subcontractor has been disqualified from bidding for those reasons listed in Subarticle 102.02(b).
2.Subcontractor's Status. A Subcontractor shall be recognized only in the capac ity of an employee or agent of the Contractor and his removal may be required by the Engineer, as in the case of an employee.
b.Assignment. The performance of the contract may not be assigned, except upon the written consen t of the Director. Consent will not be given to any proposed assignment which would relieve the original Contractor or his surety of their responsibilities under the contract nor will the Director consent to any assignment of a part of the work under the c ontract. The Contractor may assign moneys due or to become due him under the contract, if such assignment is approved by the Director, to the extent permitted by law, but any assignment of moneys shall be subject to all proper set -offs in favor of the Depa rtment and to allow deductions provided for in the contract and particularly all money withheld, whether assigned or not, shall be subject to being used by the Department for the completion of the work in the event that the Contractor should be in default therein.
Source: Alabama Standard Specifications for Highway Construction, 2022 Edition. Pages 58–70 of 934.