107LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

66

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 or 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. Soil contaminated by paint or chemical spills, oil spills, etc., shall be immediately cleaned up or be removed and disposed of in an approved manner.

107.23Temporary 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 necessary 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 State Construction Engineer for review and acceptance. The submittal of the request shall contain the following:

depicting the location and distances from the water body, existing ground elevation, and proposed and existing structures.

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.

material proposed to be placed.

any fill material 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 Nationwide 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 effect on the quality of the water. Maintenance shall be performed 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 encroachments 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.

107.24Permits 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 and 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 onsite, direct supervision of these permitted individuals will be subject to rejection by the Engineer. PROSECUTION AND PROGRESS 67

PROSECUTION AND PROGRESS

108.01Subletting and Assignment

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 shall 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 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 total 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)

A Subcontractor shall be recognized only in the capacity of an employee or agent of the Contractor and his removal may be required by the Engineer, as in the case of an employee.

The performance of the contract may not be assigned, except upon the written consent 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 contract. 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 Department 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. An assignment by operations of law or assignment for the benefit of creditors, or the bankruptcy of the Contractor, shall not vest any right in this contract in the Trustee in bankruptcy, the Contractor's creditors, or the agent of the creditors. In no case will the Department make the warrant payable to anyone other than a party to the contract and; therefore, if the contractor assigns the proceeds of his contract to a bank or other individual or company, approval of the assignment by the Director only constitutes an agreement to make the warrants payable to the contractor and for it to be mailed to the address of the party to which the contract is assigned.

108.02Notice to Proceed

A notice to proceed shall be issued by the Engineer within 15 calendar days after final execution of the contract by the Director and approval by the Governor, unless both parties agree in writing to a stipulated extension in time for the issuance of a notice to proceed. Unless the Contractor is otherwise notified in writing, it shall be understood that the mailing or the delivery to the Contractor or his authorized agent, of a copy of the executed and approved contract and bonds or the emailing or mailing of written notice by the Engineer or receipt of facsimile notice from the Engineer that the contract has been approved by the Governor, shall constitute the notice to proceed. If the Contractor is notified in PROSECUTION AND PROGRESS 68

writing that none of the above shall constitute notice to proceed, he shall not commence work until receipt of a written notice to proceed signed by the Engineer.

Unless otherwise directed in writing by the Engineer, the Contractor will be expected to begin work within 15 calendar days after issuance of notice to proceed.

108.03Progress Schedule of Operations

On all projects which have a contract time in excess of 90 working days or 180 calendar days, the Contractor shall submit a satisfactory, comprehensive bar graph schedule of operations to the Area Construction Engineer prior to the Preconstruction Conference. This schedule shall be on Form C10 furnished by the Department at the time of contract award. Said schedule of operation shall provide a bar for each major phase of construction such as, but not limited to, clearing and grubbing, grading, drainage structures, bridges, base, shoulders, paving, etc. with an estimated start and completion date for each bar and an overall project completion date, all within the specified contract time. In lieu of the Form C-10, the Contractor will be allowed to submit their Critical Path Method schedule of operations as a pdf file if the above information is included. The Engineer may order the submittal of a bar graph schedule of operation on any project which has a contract time less than that specified above should he deem such necessary for project control. A revised bar graph schedule and completion update may be required within ten days of the occurrence of any one of the following conditions: (1) at each major change from the original submitted, (2) when a time extension is granted, and (3) when a revised bar graph schedule is requested by the Engineer. The Engineer's approval of the aforementioned Schedule of Operations does not waive any contract requirements.

On all projects which have a contract time in excess of 240 working days or 480 calendar days, the Contractor shall submit to the Area Construction Engineer or Local Transportation Engineer, for acceptance, a Critical Path Method (CPM) Schedule for the project within 30 calendar days after Notice to Proceed or at the preconstruction conference, whichever is earlier. This CPM Schedule will be used in lieu of the bar graph schedule of operation in evaluating work progress. The CPM Schedule shall include detailed schedule diagrams and schedule data as described below for the entire Contract Time (this term is defined in Article 101.01). The CPM Schedule shall be consistent with the Sequence of Construction, or approved revisions, showing discrete activities for each pay item or group of pay items to be accomplished within each phase, and shall include activities for submittals, deliverables, and reviews in the schedule. Sufficient liaison shall be conducted and information provided to indicate coordination with utility owners having facilities within the project limits. The schedule must reflect the utility adjustment schedules as shown in the contract, unless changed by mutual agreement of the utility company, the Contractor, and the Department. Failure to include any element of work or any activity relating to utility work will not relieve the Contractor from completing all work within the contract time at no additional time or cost to the Department, notwithstanding the acceptance of the schedule by the Department. The CPM Schedule may indicate a completion date in advance of the expiration of contract time. However, the Department will not be liable in any way for the Contractor’s failure to complete the project prior to expiration of contract time. Any additional costs, including extended overhead incurred between the Contractor’s scheduled completion date and the expiration of contract time, shall be the responsibility of the Contractor. The Contractor shall not be entitled to claim or recover any such costs from the Department. Acceptance of the CPM Schedule by the Department shall in no way constitute approval or acceptance of any items that are contrary to the plans or other contract documents. The Engineer may withhold monthly payments due to the failure of the Contractor to submit an acceptable schedule or monthly updates within the time frame described herein. The following reports shall be submitted:

PROSECUTION AND PROGRESS 69

Each baseline schedule submission shall include the following reports:

ii. Activity Report iii. Schedule Narrative iv. Software Settings Report

vi. Project Calendars

days. The critical path activities, defined as the longest continuous path of work activities, shall be prominently identified. The Gantt Chart shall be submitted printed in color on 11-inch x 17-inch paper and as a PDF file. The schedule shall contain, at a minimum, the following information for each schedule activity:  Identification  Detailed activity description  Original duration  Early start date  Early finish date  Late start date  Late finish date  Total float or slack ii. Activity Report – An Activity Report with the following schedule activity information for each construction activity:  Identification  Description  Original duration  Early start date  Early finish date  Late start date  Late finish date  Total float or slack  Percent complete  Lag  Predecessors  Successors  Associated calendar This report will be submitted on 11 inches by 17 inches paper. The report should be broken down by the phasing shown in the Sequence of Construction in the plans and sorted to match the format of the full project schedule. The Gantt Chart diagram shall not be included in this report. iii. Schedule Narrative – A schedule narrative report describing current project schedule status and identifying potential delays. It should contain the following:  Description of the current critical path of the project. Identify specific activities, progress, or events that may reasonably be anticipated to impact the critical path.  Identification of any and all activities, either in progress or scheduled to occur within the following 30 days that require Department participation, review, approval, etc.  A milestone report summarizing all project milestones and their current status. PROSECUTION AND PROGRESS 70

 Submittal/Procurement section that discusses the status of the submittals to be submitted/reviewed and lead times for materials to be fabricated for the project.  Explanation of the calendars used in the schedule. iv. Software Settings Report – The schedule log file showing that the Contractor properly used all settings referenced in 108.03(b) during implementation of the project schedule.

CPM Schedule. vi. Project Calendars – Provide all calendars utilized in the CPM Schedule. Holidays, non- workdays, contractor vacation, allowances for weather, etc. shall be shown on the calendars. For example, paving calendar, cure calendar, workday calendar with weather included, etc. The Engineer will have 14 calendar days to review and accept the baseline schedule, provide a written response or to schedule a meeting with the Contractor to resolve any problems that prevent acceptance of the baseline schedule. The Contractor shall attend the meeting with the Engineer and submit a corrected Schedule to the Engineer within seven calendar days after the meeting. The process will continue until a baseline schedule is accepted by the Engineer. The Area Construction Engineer or the Local Transportation Engineer will review/accept the baseline schedule submissions.

Upon the Engineer’s acceptance of the baseline CPM Schedule, the Contractor shall submit monthly updated files and reports reflecting progress within three (3) calendar days after the monthly estimate cut-off date or on a date mutually agreed to with the Contractor and Project Manager. The Contractor must include ‘Actual’ completion dates for activities completed in each monthly update. The Data Date of each updated schedule shall correspond with the monthly estimate cutoff date. Each monthly update submission shall include the following reports:

ii. Activity Report – See Activity Report requirements above. iii. Schedule Narrative – A schedule narrative report describing current project schedule status and identifying potential delays. This report shall at a minimum include the following information:  A description of the progress made since the previous schedule submission, if applicable, and objectives for the upcoming 30 calendar days. It will be submitted on 8.5-inch x 11-inch paper.  Indication if the project is on schedule, ahead of schedule, or behind schedule. If the project is ahead of schedule or behind schedule, the report shall include the specific number of calendar days. If the project is behind schedule, the report shall include a detailed recovery plan that will put the project back on schedule.  Description of if the current critical path of the project and indicate if this has changed within the last 30 calendar days, discuss current successes or problems that have affected either the critical path’s length or have caused a shift in the critical path within the last 30 calendar days, and identify specific activities, progress, or events that may reasonably be anticipated to impact the critical path within the next 30 calendar days, either to affect its length or to shift it to an alternate path.

ii. Activity Report iii. Schedule Narrative iv. Software Settings Report

vi. Project Calendars PROSECUTION AND PROGRESS 71

 List of schedule logic or original duration changes that have been made to the schedule since the previous submission. For each change, describe the basis for the change and specifically identify the activities affected by identification number. The Department reserves the right to reject any modifications to the baseline schedule.  Identify any and all activities, either in progress or scheduled to occur within the following 30 calendar days that require Department participation, review, approval, etc.  A milestone report summarizing all project milestones and their current status.  Submittal/Procurement section that discusses the status of the submittals to be submitted/reviewed and materials to be fabricated for the project.  Explanation of the calendars used in the schedule. iv. Schedule Log Report – The Contractor shall attend monthly meetings scheduled by the Engineer to discuss Contract progress, near term scheduled activities, including utility relocations, upcoming traffic shifts or changes, Roadway Closures, Lane Closures, anticipated problems, and proposed solutions. The Contractor shall submit a six-week “Look Ahead” planning schedule at each monthly meeting, showing the items of work completed the previous two weeks and the activities planned for the next six weeks. If requested, representatives from each subcontractor shown as being active in the Look Ahead schedule shall also attend the meeting. The schedule will be developed in Gantt Chart format, identifying current and planned activities and related CPM Schedule work activities, including subcontractor work and submittals. Designate all activities that are critical path activities as determined by the currently accepted CPM Schedule. The Engineer will have 14 calendar days to review and accept the CPM Schedule from the date of the monthly schedule meeting or provide comments to the Contractor to resolve any problems that prevent acceptance of the monthly update. In the event the monthly update is not acceptable, the Engineer may require the Contractor to revise and resubmit the current month’s progress update schedule or the Engineer may reject the current progress update and allow the Contractor to make the modification on the next monthly progress update, depending on the nature of the change required. The Project Manager will review/accept the monthly schedule updates.

All schedule submissions shall comply with the following content guidelines as appropriate to the specific submission:

interdependence of major construction milestones and activities. Include ordering and procurement of critical materials and equipment, long-lead time items, and key milestones identified by the Contract. Identify planned work schedule(s) and include all non-workdays.

milestones.

dates, float or slack, and all relationships (i.e. logic ties). Show the sequence, order, and interdependence of activities in which the work is to be accomplished. Include allowance for Department oversight, acceptance and return of submittals, samples, shop drawings and working drawings where Department acceptance is specifically required (in accordance with Article 105.02 of the standard specifications). In addition to construction activities, detailed network activities shall include the submittals, procurement, and Department or Utility activities impacting progress:  Submittal activities shall include oversight and acceptance of submittals. If the Department's action on any submittal is “Not Accepted” or “Revise and Resubmit”, a new series of submittal preparation activities shall be inserted into the schedule. Predecessor for the new submittal preparation activity will be the original acceptance activity and the successor of the new acceptance activity will be the fabrication/delivery activity for the equipment or material. PROSECUTION AND PROGRESS 72

 Procurement activities shall include all critical materials and equipment, fabrication of special material and equipment, and their installation and testing.  Show activities of the Department or Utilities that affect progress and contract- required dates for completion of all or parts of the work.  All activities shall be assigned to a specific calendar within the software. Specific calendars will be defined within the software to include planned work days. These calendars will include both Contractor and Contract defined holidays and suspension days as non-workdays. At a minimum, major milestones shall include the following: o Start of construction o Finish of construction o Roadway or ramp closures o Roadway or ramp openings o Traffic shifts o Critical material deliveries o Bridge Foundations (per Bridge) o Bridge Substructure (per Bridge) o Bridge Superstructure (per Bridge) o Completion of activities for incentive payment (if applicable) o Interim Dates for incentive payment (if applicable) o Beginning and End of each Phase o Or any milestone requested by the Engineer

no more than one contractor or sub-contractor unless approved by the Engineer to be greater.

Constraints cannot override logic. The use of any other imposed constraints is not allowed without specific approval by the Engineer. Any other desired constraints must be submitted to the Engineer with the rationale for the use of each desired additional constraint. If allowed by the Engineer, the rationale should be recorded in the activity's notebook field. Mandatory constraints (start and finish) violate network logic and shall not be used.

not allowed without prior approval by the Engineer.

of the Progress Override option is not appropriate for this project and will not be allowed.

include, as a minimum, the date and reason for the change, as well as reference to a document wherein the Engineer acknowledges and accepts the change.

Float is defined as the amount of time the finish of an activity can be delayed. Two kinds of float are possible: Total float is how much an activity can be delayed without affecting the finish date of the project or an intermediate deadline (constraint); it is the difference between the late finish date and the early finish date. Free float is how much an activity can be delayed without affecting its earliest successor. Float is not for the exclusive use or benefit of either the Department or the Contractor. The use of float suppression techniques, such as preferential sequencing (arranging critical path through activities more susceptible to Department caused delay), special lead/lag logic restraints, zero total or free float constraints, extended activity times, imposing constraint dates other than as required by the contract, or the use of illogical relationships to consume non-critical path float shall be cause for rejection of the CPM Schedule or its updates. The use of automatic Resource Leveling (or similar software features) used for the purpose of artificially adjusting activity durations to consume float and influence the critical path is expressly prohibited. PROSECUTION AND PROGRESS 73

Negative float shall not be a basis for requesting time extensions. Scheduled completion date(s) that extend beyond the contract completion date (evidenced by negative float) may be used by the Department in computations for assessment of payment withholdings. The use of this computation is not to be construed as a means of acceleration.

The Contractor may request a time extension in accordance with Article 108.09. An extension of time for performance shall be considered only to the extent that a delay to an activity or activities exceeds the total float along the project critical paths within the current approved schedule. As a minimum, time extension requests shall contain:

Time impact analyses that do not include the documentation listed above will not be reviewed or considered for approval. If a time extension is approved by the Engineer, the specific activities and the overall CPM Schedule must be updated.

By submitting a CPM Schedule, the Contractor is making a positive assertion that the project will be constructed in the order indicated on the Schedule, and the Contractor shall pursue the work in accordance with the latest accepted CPM Schedule. Any costs associated with meeting milestones and completing the project within the authorized contract time will be borne solely by the Contractor.

The Contractor must include ‘Actual’ completion dates for activities completed in each monthly update.

Use of Critical Path Method, software, submittals, and incidentals will not be measured separately for payment, but will be a subsidiary obligation of Mobilization. Scheduled mobilization payments may be reduced or withheld until the initial CPM Schedule or monthly updates are reviewed and accepted by the Engineer. The amount of reduction or amount to be withheld will be equal to 10% of the total lump sum value for Mobilization.

108.04Prosecution of Work

The Contractor and Subcontractors shall attend a preconstruction conference scheduled by the Engineer and shall describe how the work will be prosecuted. The preconstruction conference will be held after the award of the contract and prior to the commencement of any work.

If the Contractor fails to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) General Permit, the Erosion and Sediment Control Plan (ESCP), the Construction Best Management Practices Plan (CBMPP), the accepted Stormwater Management Plan (SWMP), other contract documents, or the directions of the Engineer, the Engineer may order the Contractor to discontinue all operations except work in managing erosion, sediment transport, turbidity, and construction stormwater discharge until the requirements are met. Temporary cessation of operations for environmental compliance does not and shall not constitute a delay or qualify for consideration of an extension of contract time. Failure of ALDOT to observe the work of the Contractor does not relieve the Contractor of its contractual responsibility for the prevention of soil erosion and the control of sediment. The Permittee’s QCP is responsible for mitigation of damage to public or private property. The Contractor shall not commence any activities within a drainage area that disturb the soil or expose it to erosive forces until fully prepared to continuously pursue work until permanent soil stabilization is achieved. The installation of temporary soil erosion and sediment control Best Management Practices (BMPs) shall be performed in coordination with the installation of the permanent erosion control features to ensure effective continuous erosion control throughout the PROSECUTION AND PROGRESS 74

life of the project. The Contractor will be required to construct, install and maintain all permanent erosion control features as grading advances.

The Contractor shall furnish the manufacturer's recommendations for material selection, installation and maintenance of any manufactured BMP or manufactured component of a BMP to the Engineer prior to installation.

The Contractor shall prepare a Stormwater Management Plan (SWMP) for all projects. The SWMP is required regardless of the type of work, funding or regulatory permitting. The SWMP is required regardless of whether an “Erosion and Sediment Control Plan” is shown in the plans. The most recent version of ALDOT’s electronic SWMP template shall be used to create the Contractor’s SWMP. The Contractor and the erosion and sediment control Subcontractor, if applicable, shall sign and certify the SWMP. Submitted SWMPs will not be considered complete if the provided template has been modified. Three copies of the SWMP shall be submitted to the Area Construction Engineer at least 7 days prior to the preconstruction conference. The SWMP shall provide sequences and details of all erosion and sediment control work, clearing and grubbing operations, grading operations and operations establishing permanent erosion control features. The SWMP shall include operational details and identification of personnel and equipment that will be dedicated to implementing the plan at all phases of the work. The SWMP shall include a project specific weather preparedness and recovery plan based on the requirements of Subarticle 107.21(d). Work shall not begin until the SWMP has been accepted as complete by the Engineer. Written acknowledgement of NPDES permit coverage from ADEM and other required clearances and acknowledgements required by Subarticle 106.01(b) for any offsite waste areas or pits shall be submitted with or included in the SWMP. The details for proposed temporary encroachments into streams, water bodies and wetlands required by Article 107.23 shall be submitted with or included in the SWMP. Requests to store fuel tanks or other chemicals on ALDOT right of way and applicable spill prevention plans required by Article 107.22 shall also be submitted with or included in the SWMP.

Any requests to store a fuel tank on the project right of way shall be accompanied by a Spill Prevention Control and Countermeasures (SPCC) Plan and both shall be submitted with or included in the SWMP as required in Article 107.22. The use of onsite fuel storage tanks will not be allowed if this is shown to be prohibited on the plans.

When an “Erosion and Sediment Control Plan” (ESCP) is included in the plans, it is considered to be a part of the ALDOT CBMPP. The Contractor shall comply with the requirements of the design details as shown therein. The Contractor may submit requested modifications to the ESCP as part of the SWMP for acceptance or rejection by the Engineer. The ESCP may also be modified by the Engineer as field conditions warrant. The Contractor shall install BMPs in an effective manner and at all locations directed or permitted by the Engineer, regardless of the BMP quantities and locations depicted on the ESCP. All modifications made to the ESCP will be documented in the CBMPP by the Permittee’s QCI and certified by the Permittee’s QCP.

The Department may assign a full-time Qualified Credentialed Professional (Project QCP) to the project. Otherwise, another ALDOT QCP, typically the Area Stormwater Coordinator, will perform most of the Project QCP duties. The Project QCP will report to the Project Manager and will be guided by the Area Stormwater Coordinator. The Project QCP will oversee Contractor compliance with the NPDES General Permit, any applicable U.S. Army Corps of Engineers Permit and/or U.S. Fish and Wildlife Service Clearances, the CBMPP, the Erosion and Sediment Control Plan, and the Contractor’s SWMP. To accomplish this, the Project QCP duties include:

the ALDOT CBMPP Operational Component.

the project limits. PROSECUTION AND PROGRESS 75

issues of regulatory noncompliance or any potential violations in the area of environmental protection and construction stormwater.

the installation, maintenance, repair, correction and removal of BMPs.

construction of stormwater conveyances in order to minimize the potential for negative environmental impact.

minimum of once per month and attending project meetings.

ALDOT and Contractor personnel to ensure that any stormwater related issues are addressed in a timely manner.

Sites and semi-annual formal Stormwater Site Evaluations for Non-priority Construction Sites as described in Item 107.21(e)3 and entering the corresponding Inspection Certification Reports into the Stormwater Tracking System.

inspections of the project and communicating the proceedings and outcomes to the Project Manager and the Area Stormwater Coordinator.

Credentialed Professional and directing any mitigation efforts on behalf of the Department.

The Contractor shall assign to each project a full-time primary and a backup Qualified Credentialed Inspector (Contractor QCI) certified by ADEM and verified by ALDOT. The Contractor QCI shall be an employee of the Contractor. The name, contact information, and credentials of the Contractor QCIs shall be included in the SWMP and the Engineer shall be notified whenever a substitute Contractor QCI is assigned by the Contractor. There will be no direct compensation for the Contractor QCIs. The Contractor QCI shall work under the direct supervision of the Contractor QCP and/or superintendent. The Contractor QCI shall be in charge and direction of the Contractor’s work regarding the implementation of the CBMPP, the ESCP, and the SWMP, and shall have the authority from the Contractor to mobilize crews to make immediate repairs to BMPs during working and non-working hours. To accomplish this, the Contractor QCI duties include: o Possessing knowledge of the Contractor’s SWMP, the ESCP, the CBMPP, the NPDES General Permit requirements, and if applicable the requirements of the U.S. Army Corps of Engineers Permits and/or U.S. Fish and Wildlife Service Clearances. o Maintaining QCI certification by attending required refresher training. o Possessing knowledge of the location and condition of all discharge points within the project limits. o Communicating to the Contractor QCP and/or superintendent any issues of regulatory noncompliance or any potential violations in the area of environmental protection and construction stormwater. o Guiding the Erosion and Sediment Control Crew (if applicable) and the Contractor’s forces as directed by or in the absence of the Contractor QCP and/or superintendent, during the installation, maintenance, repair, correction and removal of all BMPs in order to minimize the potential for negative environmental impact. o Reporting to the Contractor QCP and/or superintendent a minimum of once per week and attending project meetings in the absence of the Contractor QCP and/or superintendent. o Inspecting BMPs on a daily basis to ensure that all controls are in place at all times and ensuring conformance with the contract documents. PROSECUTION AND PROGRESS 76

o Conducting all required formal stormwater inspections, turbidity monitoring and construction stormwater sampling described in Item 107.21(e)2. with ALDOT personnel. o Coordinating with Contractor and ALDOT personnel to ensure that any stormwater related issues are addressed in a timely manner.

The Department will assign to each project at least one full-time Qualified Credentialed Inspector (Project QCI), certified by ADEM. The Project QCI will work under the direct supervision of the Project QCP and/or Project Manager. The Project QCI will assist the Project QCP and/or Project Manager with overseeing Contractor adherence to the requirements of the NPDES General Permit, the CBMPP, the Erosion and Sediment Control Plan, and the Contractor’s SWMP. To accomplish this, the Project QCI duties include: o Possessing knowledge of the Contractor’s SWMP, the ESCP, the CBMPP, the NPDES General Permit requirements, and if applicable the requirements of the U.S. Army Corps of Engineers Permits and/or U.S. Fish and Wildlife Service Clearances. o Maintaining QCI certification by attending required refresher training. o Possessing knowledge of the location and condition of all discharge points within the project limits. o Communicating to the Project QCP and/or Project Manager any issues of regulatory noncompliance or any potential violations in the area of environmental protection and construction stormwater. o Assisting the Project QCP and/or Project Manager with oversight of the Contractor’s forces during clearing, grading, and construction of stormwater conveyances in order to minimize the potential for negative environmental impact. o Reporting to the Project QCP and/or Project Manager a minimum of once per week and attending project meetings in the absence of the Project QCP and/or Project Manager. o Inspecting BMPs on a daily basis to ensure that all controls are in place at all times and ensuring conformance with the contract documents. o Conducting all required formal stormwater inspections, turbidity monitoring and construction stormwater sampling described in Item 107.21(e)2. with the Contractor QCI and entering the corresponding Inspection Certification Reports into the Stormwater Tracking System. o Coordinating with the Project QCP and/or the Project Manager and Contractor personnel to ensure that any stormwater related issues are addressed in a timely manner.

When required by the plans, the Contractor shall provide a full-time, dedicated Erosion and Sediment Control Crew. The crew shall be under the supervision of the Contractor QCP or superintendent, who shall be assisted by the Contractor QCIs. There will be no direct compensation for the Erosion and Sediment Control Crew. For all projects, the Contractor shall provide sufficient personnel and appropriate and sufficient equipment and materials on the project at all times to meet the daily erosion and sediment control plan implementation requirements. Additional personnel, equipment, and materials shall be readily available to assist with implementation of the weather preparedness and recovery plan within the timeframe allowed by the NPDES General Permit. Erosion and sediment control materials shall be stored on the project and protected from precipitation, runoff, and sunlight.

A Stormwater Meeting shall be held after the preconstruction conference and prior to the beginning of work. The meeting shall convene at the project site. ALDOT construction personnel, including the Area Stormwater Coordinator and/or the Project QCP, the Project Manager, the Project QCI, the Contractor QCP (if applicable), the Contractor QCI, the Contractor’s superintendent and any subcontractors that will be involved in clearing, earthwork, seeding or erosion and sediment control operations shall attend. The NPDES Permit, if applicable the U.S. Army Corps of Engineers Permit and/or U.S. Fish and Wildlife Service Clearance, ESCP, the CBMPP, the SWMP, clearing limits and sequence of construction shall be among the items discussed. Project discharge points, adjacent property and water bodies should be observed and discussed during the PROSECUTION AND PROGRESS 77

meeting. Any existing stormwater problems or issues should also be discussed and documented. The Contractor shall notify all subcontractors of the meeting and require their attendance. ALDOT will notify all applicable regulatory agencies.

No more than 17 acres {7.0 ha} of erodible material shall be exposed at any time unless otherwise indicated on the plans by a project note that has been specifically approved by the State Construction Engineer. No increase in the limit of exposure will be considered after letting. If it is noted on the plans that the area of erodible material will be allowed to be greater than 17 acres {7.0 ha}, the Contractor shall include as part of the SWMP project specific details addressing management of the increased acreage during clearing and grubbing, excavation and embankment, vegetation establishment, temporary erosion and sediment control, drainage and construction of stormwater operations. Any approval to increase the area of exposure, including that shown on the plans, may be rescinded if the project is found by the Engineer to be noncompliant with the NPDES General Permit or environmental related contract requirements. All areas of exposed erodible material will be considered as contributing to the limit of exposure until final required stabilization is installed or applied and erosion is controlled to the maximum extent practicable. The Contractor may submit a request for review and approval by the State Construction Engineer to exclude areas of exposure which are outside of the control of the Contractor and have been temporarily stabilized. Requests for approval for unnecessary clearing may be considered only if provisions for erosion and sediment control are proposed to be implemented at the Contractor’s expense.

The Contractor shall provide the Engineer written notice of his intention to start work at least 72 hours in advance of beginning work and at least 24 hours in advance of beginning particular features of construction, such as driving piles, placing concrete, et cetera. Should prosecution of the work be discontinued by the Contractor with the consent of the Engineer, the Contractor shall give the Engineer at least 48 hours notice in writing before resuming operations.

The Contractor shall prosecute the work continuously and diligently in the order and manner set out in his schedule or prescribed by the Engineer. He shall provide sufficient satisfactory materials, labor, and equipment to guarantee the completion of the project in accordance with the plans and specifications within the time specified in the contract. Should the Contractor fail to maintain a satisfactory rate of progress, the Engineer will require that additional forces and equipment be placed on the work to bring the project up to schedule and maintain it at that level. Failure to maintain the quality and progress of the work shall be cause for the Engineer to withhold all estimates which are or may become due, until satisfactory quality and progress are maintained; or the contract may be defaulted as provided in Article 108.12.

The Department will monitor the Contractor's progress towards completing the work. The Contractor may be disqualified from bidding further work with the Department if the progress towards completing the work is unsatisfactory. Unsatisfactory progress toward completing the work shall be when the "Percent Time Elapsed" exceeds the "Percent Complete" by more than 25 %. Percent Time Elapsed and Percent Complete are defined as follows:

Days Charged Percent Time Elapsed = 100 X CT + TE

WP + FA 1 Percent Complete = 100 X AC - PBPI

Where, Days Charged = Number of days charged towards the completion of the work. CT = Original Contract time. (Days) TE = Number of days of time extension. (Days) WP = "Work Performed" as defined in Article 101.01. (Dollars) PROSECUTION AND PROGRESS 78

FA 1 = Payments for Extra Work paid by Force Account. (Dollars) AC = "Adjusted Contract Amount" as defined in Article 101.01. (Dollars) PBPI = Payments for "Progress Based Pay Items" as defined in Article 101.01. (Dollars) The decimal values derived by the terms "(Days Charged) / (CT + TE)" and “(WP + FA 1) / (AC – PBPI)” shall be rounded to the nearest hundredth. When the Contractor's progress towards completing the work is unsatisfactory a warning notice of possible disqualification will be sent from the State Construction Engineer to the Contractor by certified mail (return receipt requested). The Contractor will be allowed 10 calendar days from the date of the receipt of the notice of possible disqualification to complete enough of the work to make the progress satisfactory or submit in writing an acceptable explanation to the State Construction Engineer for why the progress is unsatisfactory. At the end of the ten-day period, a final notice of disqualification from further bidding will be issued if the progress of the work remains unsatisfactory or the explanation for the unsatisfactory progress is unacceptable.

108.05Limitation of Operation

The Contractor shall always conduct the work in such a manner and in such sequence as will ensure the least interference with traffic. He shall have due regard to the location of detours and to the provisions for handling traffic. The Engineer may require the Contractor to finish a section on which work is in progress before work is started on any additional section if the opening of such section is essential to public convenience.

108.06Character of Workmen, Methods, and Equipment

The Contractor shall always employ sufficient labor and equipment for prosecuting the several classes of work to full completion in the manner and time required by these specifications. All workmen shall have sufficient skill and experience to perform properly the work assigned to them. Workmen engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform all work properly and satisfactorily. Any person employed by the Contractor or by any Subcontractor who, in the opinion of the Engineer, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Engineer, be removed forthwith by the Contractor or Subcontractor employing such person, and shall not again be employed in any portion of the work without the approval of the Engineer. Should the Contractor fail to remove such person or persons as required above or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the Engineer may suspend the work by written notice until compliance with such orders. All equipment which is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the project shall be such that no injury to the roadway, adjacent property, or other highways will result from its use. When the methods and equipment to be used by the Contractor in accomplishing the construction are not prescribed in the contract, the Contractor is free to use any methods or equipment that he demonstrates to the satisfaction of the Engineer will accomplish the contract work in conformity with the requirements of the contract. When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than those specified in the contract, he may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods of equipment, the Engineer determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining construction with the specified methods and equipment. The Contractor shall remove the deficient work and replace it with work of specified quality or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the construction items involved nor in contract time as result of authorizing a change in methods or equipment under these provisions. PROSECUTION AND PROGRESS 79

108.07Temporary Suspension of Work

The Engineer shall have the authority to suspend the work wholly or in part by written order to the Contractor for such period or periods as he may deem necessary due to either of the following reasons:

of the contract in which case time will be charged and no time extension will be granted, or

nature which he considers unfavorable for the suitable prosecution of the work in which case either time charges will be suspended, or a time extension will be granted. Upon suspension, the work shall be put in proper and satisfactory condition, carefully covered and properly protected, as directed by the Engineer. Reference is made to Article 105.13.

Should the progress of the work be stopped by a temporary injunction, court restraining order, process of judgment of any kind directed to either of the parties hereto, then such period of delay will not be charged against the contract time. The State shall not be liable to the Contractor for the said legal delays of 120 calendar days or less, or for termination of the contract because of a legal order except as provided in Subarticle 108.14(b). Consideration will be given to properly documented added costs for a legal delay in excess of 120 calendar days, if submitted in accordance with Section 110, Claims. If a herein noted delay is of such duration as not to be in the best interest of the State, as determined by the Director, he may, by written order, terminate the contract in the same manner prescribed in Subarticle 108.14(c) for termination of a contract.

Time will be suspended on calendar day projects during periods when no work can be performed on the project due to operational check periods or seasonal limitations when such periods are required by the specifications. Time will also be suspended for specification mandated curing periods for placement of permanent traffic stripe when all other work has been completed and the traveling public has full use of the highway.

If the performance of all or any portion of the work is suspended or delayed by the Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the Contractor shall submit to the Engineer in writing a request for adjustment within seven calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. Upon receipt, the Engineer will evaluate the Contractor's request. If the Engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the Engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The Engineer will notify the Contractor of his determination whether or not an adjustment of the contract is warranted. No contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any other term or condition of this contract.

108.08Determination of Contract Time

The number of working days or calendar days allowed or the calendar date specified for completion of the work included in the contract will be fixed by the Department, will be stated in the proposal and contract, and will be designated as the contract time. PROSECUTION AND PROGRESS 80

Contract time charges shall begin when the Contractor begins work on a pay item or on incidental work that will interfere with traffic, but in no case later than 15 calendar days after date of issue of "notice to proceed." Time charges shall end upon satisfactory completion of all pay items in the contract.

The Contractor shall not permit work on any pay item to be done on Sundays and the following holidays: National Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day, except with written permission of the Engineer.

For projects on a working day basis, the Engineer will furnish the Contractor with a monthly time statement for the preceding month. This statement will show the number of working days charged as outlined in the definition of Working Day in Subarticle 101.01(b), the number of working days in the contract, and the number of working days remaining to complete the contract. Under the provisions of Article 105.01, the Engineer will determine the controlling item or items of work based on consideration of the Contractor's approved Schedule of Operations and the operations that should be in progress at the time to provide for the orderly completion of the work within the contract time. Consideration to not charging time will be given when delays of six hours or more occur when the causes for delays may be due to, but not restricted to the following:

his part.

to regionwide shortage of such materials.

of the Contractor.

A working day will not be charged when the placement of hot mix asphalt is the controlling item of work and the start-up operation is in an adjustment period unless the plant resumes production. Upon receiving the monthly time statement, the Contractor shall review the statement and compare the time charges with his records. If the Contractor disagrees with the time charges on the statement, he shall file a written protest setting forth the reasons why he considers the monthly time statement incorrect. The Contractor is encouraged to file any such protest as soon as possible after receiving the time statement.

For projects on a calendar day or date basis, a statement will be furnished the Contractor indicating the number of calendar days remaining in the contract. For contracts that have a calendar completion date, the days assigned for contract time will be the number of calendar days available to the Contractor for performance of the work (from the beginning of contract time charges through the original calendar completion date). A revised completion date will be established for time extensions by adding the approved number of days of extension to the original contract completion date.

108.09Extension of Contract Time

If approved by the Engineer, contract time extensions will be given as additional working days, additional calendar days or a revised calendar completion date in accordance with the type of time that is set in the original contract for the completion of the work. An extended time for completion, once approved, shall be in full force and effect the same as though it were the original time for completion.

The original contract time may be extended due to the addition of extra work if the Engineer determines that the extra work will affect the schedule for the completion of the project. The contract time will be modified when the extra work is made a part of the contract. PROSECUTION AND PROGRESS 81

An extension of contract time will be made by the Engineer to account for the overrun of the required work (unexpected increase in the quantity of work). The time extension will be calculated using the following formula.

WP + FA 2 - EW TE = CT - 1.0 OC - PBPI 1

(This formula is only applicable when WP – EW is greater than OC – PBPI.) Where, TE = Number of days of time extension. (Days) (Rounded up to the nearest whole number.) CT = Original Contract time. (Days) WP = "Work Performed" as defined in Article 101.01. (Dollars) FA2 = Payments for Extra Work paid by Force Account except for Force Account work that has been covered under an approved Time Extension. (Dollars) EW = Total Amount of Extra Work paid by Supplemental Agreement, regardless of whether or not a time extension is approved as part of the agreement. (Dollars) OC = Original Contract Amount. (Dollars) PBPI1 = Payments for "Progress Based Pay Items" as defined in Article 101.01. (Dollars) For contracts that have a calendar completion date, there will be no automatic extension of contract time based on contract overrun. Extensions of contract time for calendar date projects must be based on either extra work or an approved Contractor request for additional time.

If the Contractor anticipates that the work cannot be completed within the contract time (which includes approved time extensions) the Engineer may consider the Contractor's request for an extension of contract time. The request must be submitted in writing to the Engineer. The request shall include the specific dates and amount of time requested by the Contractor and a full description of the circumstances that were beyond the control of the Contractor and could not have been anticipated by the Contractor that caused the delay in the overall completion of the work. The controlling work items for each day and the factors that affected progress on these items shall also be provided. An assertion that the contract time is inadequate for the completion of the work will not be considered an acceptable reason for a time extension. The Contractor shall submit the request for an extension of contract time to the Engineer for evaluation. The Engineer will evaluate the request and then send a recommendation for approval, disapproval or partial approval to the Construction Engineer for further evaluation. The State Construction Engineer or Region Engineer may approve a time extension if the work was delayed because of conditions beyond the control of the Contractor and could not have been anticipated by the Contractor. The Transportation Director will make a final determination of the amount of the time extension if the Contractor disagrees with the time extension designated by the State Construction Engineer or Region Engineer. The Contractor may submit the disputed request for a time extension directly, in writing, to the Transportation Director. The Transportation Director will be the final authority in evaluating the disputed request for the time extension. The Transportation Director may send the request to the Claims Committee for a recommendation before making the final decision. Time extension requests will not be referred to the Claims Appeal Board. Information concerning the Claims Committee and Claims Appeal Board is given in Section 110.

108.10Failure to Complete Work Within Contract Time

Should the Contractor, or in case of default, the surety, fail to complete the work within the time stipulated in the contract or the adjusted time as granted under the provisions of Article 108.09, a deduction for each calendar day or work day that any work shall remain uncompleted, an amount indicated by the Liquidated Damages Schedule shown in Article 108.11 or provided in the contract documents shall be deducted from any monies due the Contractor on monthly estimates. Any adjustments due to approved time extensions or overruns in the contract amount will be made on the monthly, semi-final or final estimate as may be appropriate. Liquidated damages assessed as provided in these Specifications is not a penalty, but is intended to compensate the State for increased time in administering the contract, supervision, inspection and PROSECUTION AND PROGRESS 82

management, particularly that management and inspection which requires maintaining normal field project management forces for a longer time on any construction operation or phase than originally contemplated when the contract period was agreed upon in the contract. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a waiver on the part of the Department of any of its rights under the contract.

108.11Schedule of Liquidated Damages

Original Contract Amount Liquidated Damages Daily Charge More Than To & Including Calendar Day or Fixed Date Workday $ 0 $ 500,000 $1,850 $3,700 $ 500,000 $ 2,000,000 $2,550 $5,100 $ 2,000,000 $10,000,000 $2,650 $5,300 $10,000,000 ------ $3,350 $6,700 When the contract time is on the calendar day or date basis, the schedule for calendar days shall be used. When the contract time is on a workday basis, the schedule for work days shall be used.

108.12Default of Contract

If the Contractor:

Proceed," or

to assure the prompt completion of said work, or

such work as may be rejected as unacceptable and unsuitable, or

do so, or

or

Engineer will give notice in writing to the Contractor and his surety for such delay, neglect, or default. The Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Department will, upon written notification from the Engineer of the fact of such delay, neglect or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The Department may appropriate or use any or all materials and equipment on the ground as may be suitable and acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Department, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due said Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the Surety shall be liable and shall pay to the Department the amount of such excess. Notice to the Contractor shall be deemed to be served when delivered to the person in charge of any office used by the Contractor, to his representative at or near the work, or by certified letter, return receipt requested, addressed to the Contractor at his last known place of business. In addition to the provisions provided in this Article, failure of the Contractor to sign the final estimate within the time limits prescribed in Subarticle 109.12(d) will be classified as a default.