107LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

107.1Laws to be Observed.

town ordinances and regulations. Indemnify and save harmless the State of Delaware, the Department, its secretary, and all officers, agents, and servants against any claim or liability arising from or based upon the violation of any such laws, ordinances, regulations, orders, or decrees whether by the contractor as an entity or by the contractor’s employees.

any law, ordinance, regulation, order, or decree, immediately report it to the engineer in writing.

107.2Permits, Licenses, and Taxes.

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.

107.3Patented Devices, Materials, and Processes.

The contractor and the surety shall hold and save harmless the State of Delaware, the Department, its secretary, and all officers, agents, and servants, in accordance with the terms of these specifications, from any and all claims because of the use of any patented design, device, material, or process in connection with the work agreed to be performed under this contract. Furnish any patent agreement between patentee and the contractor to the Department.

107.4Contractor's Responsibility to Protect Utility Property and Services.

companies, power companies, or other utilities, or are adjacent to other properties, facilities, or appurtenances, and damage to which might result in considerable expense, loss, or inconvenience, do not commence work until all arrangements necessary for the protection thereof have been made.

result of being exposed or unsupported, promptly notify the proper authority. Cooperate with the proper authority in the restoration of service as promptly as possible. Do not work around or near fire hydrants until appropriate plans for continued service have been approved by the local fire authority.

not place any material or obstruction within 15-feet of any such hydrant. Ensure that fire hydrants are entirely accessible at all points to fire apparatus at all times.

relocated or installed, maintain the center of the hose outlet a minimum of 18 inches above the final grade directly beneath the hose outlet. Set the breakaway flange at the bottom of a hydrant at 0 inches to 4 inches above the ground.

107.5Federal Aid Participation.

When the United States Government pays all or any portion of the cost of a project, observe the federal laws authorizing such participation and the rules and regulations made pursuant to such laws; and the

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work is subject to the inspection of the appropriate federal agency. Such inspection shall not make the federal Government a party to this contract and will in no way interfere with the rights of either party hereunder.

107.6Construction Safety, Health, and Sanitary Standards.

under working conditions that are unsanitary, hazardous, or dangerous to such person's health or safety. Expressly state this requirement in each subcontract agreement.

employees as necessary to comply with the requirements of the state and local boards of health, or of other bodies or tribunals having jurisdiction.

107.7Public Convenience and Safety.

egress for all residences and places of business located along the construction route. Place materials stored on the highway in accordance with the DE MUTCD and, so far as practicable, in a manner that causes as little obstruction to the traveling public as possible. If, as determined by the engineer, the road or any portion of it must remain open to travel during construction of the project, perform the work so that travel through the jobsite is safe and unobstructed. Provide and maintain in an acceptable condition any temporary roadways and bridges that are necessary to accommodate the traffic using or diverted from the roadway under construction, and provide and maintain in a safe condition temporary approaches to and crossings of intersecting highways. Do not obstruct sidewalks, gutters, sewers, inlets, or portions of the highway adjoining the roadways under construction more than is absolutely necessary to complete the work.

working hours in the case of an emergency. If the Department is unable to contact the contractor to make these repairs, then the Department may use State maintenance forces or a third party contractor to make such repairs. The Department will calculate the cost for this work in accordance with Section 109.4.D, Force Account, for all State personnel involved or third party contractors, including vehicles, equipment, and materials needed. The Department will deduct this cost from money due the contractor under this contract. The failure of the contractor to be available and to make emergency repairs is sufficient grounds for the Department to terminate the contract for default.

107.8Use of Explosives.

not to endanger life or property, including new work. The contractor assumes responsibility for all damage resulting from the use of explosives.

mark all such storage places. Where no local laws or ordinances apply, provide storage satisfactory to the engineer and not closer than 1,000-feet from the road or from any building or camping area or place of human occupancy.

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intention to use explosives. Give such notice sufficiently in advance of the work to enable the companies to take such steps as they may deem necessary to protect their property from injury.

or partly finished structure on a project unless authorized in writing by the engineer.

107.9Protection and Restoration of Property.

the roadway not designated on the plans for repair, removal, or construction. Take the precautions necessary to prevent damage to trees, plantings, pipes, conduits, and other underground structures. Do not injure or destroy trees or plantings outside the LOC, nor remove or cut them without proper authority.

any land monument or property markers damaged or disturbed during the project using a land surveyor or a professional engineer registered in the State of Delaware.

omission, neglect, or misconduct in the execution or non-execution of the work on the part of the contractor, the contractor shall restore such property at the contractor's expense to a condition similar or equal to that existing before such damage.

damage, the engineer may, upon giving 48-hours notice, proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary, and will deduct the cost thereof from any monies due to the contractor under the contract.

107.10Responsibility for Damage Claims

the State of Delaware, the Department of Transportation, its Secretary, and all officers, agents, employees, assigns, and servants from and against all suits, actions, claims, and all damages, direct or indirect, of whatever nature, caused to any person(s) or property or resulting to the work from any act, work, or plan performed or submitted by the contractor or upon its behalf; including but not limited to responsibility of the contractor to provide for the protection and safety of all persons and property. This indemnification and save harmless requirement applies to, but is not limited to, all suits, actions, claims brought, and all damages resulting from any death, injury, or damage received or sustained by any person(s), third person(s), or property based upon:

safeguarding the work; use of unacceptable materials; any act, work, or plan performed or submitted by the contractor, on its behalf, or resulting from performance, nonperformance of the work, or any omission, neglect, or misconduct occurring during the course of the contract.

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violation or alleged violation of any law, ordinance, rule, regulation, order, or decree. The Department may withhold as retainage for the use of the State to pay any amount claimed or anticipated, as determined by the engineer, except that the Department will not withhold such money when the contractor produces satisfactory evidence that it is adequately protected by public liability and property damage insurance. In any event, the surety is liable to pay any amount recovered as a result of any suit, action, claim, injuries, or damages sustained and until such time as the matter has been settled or otherwise legally resolved.

107.11Furnishing Right-Of-Way

The Department is responsible for securing all necessary rights-of-way in advance of construction. The Department will note any exceptions in the contract.

107.12Personal Liability of Public Officials

The Department, director, engineer, or their authorized agents will incur no personal liability as a result of carrying out any of the provisions of the contract, as the result of exercising any power or authority granted to them thereby, or as the result of any act by the contractor. In such matters, they act as the agents and representatives of the State.

107.13Contractor’s Responsibility for the Work after Final Acceptance; No Waiver of Legal Rights

105.16, Partial Acceptance; Project Acceptance; Final Acceptance; and Project Closeout. Such final

acceptance, however, will not preclude or estop the Department from correcting any measurement, estimate, or certificate made before or after completion of the work, nor will the Department be precluded or estopped from recovering from the contractor or its surety, or both, such overpayment as it may sustain, , or recovering the cost of the failure on the part of the contractor to fulfill its obligations under the contract. A waiver on the part of the Department of any breach of any part of the contract is not held to be a waiver of any other or subsequent breach.

final acceptance 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.

107.14Hazardous Materials Discovered Within the Project Limits

toxic waste, immediately suspend construction operations in the area and notify the engineer. Continue work in other areas of the project unless otherwise directed by the engineer.

limited to, the following: presence of barrels, chemical odors, excessively hot earth, smoke, or any other condition that indicates a hazardous material or toxic waste. Treat such conditions with extreme caution.

contractor at the Department’s expense.

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107.15Audits

contractor's acceptance of final payment as set forth in Section 109.12, Source of Supply and Carrier Rates on Construction Materials.

suppliers at every tier. If the contractor is a joint venture, also make these items available for examination and audit from the contractor’s joint venture partners.

Section 105.15.C.2, even if these records have already been provided to the Department.

and its subcontractors, vendors, and suppliers if the records identified by the Department are not made available to the Department for examination and audit.

before conducting the audit.