LEGAL RELATIONS AND RESPONSIBILITY SECTION 107 TO THE PUBLIC 57 D. Notify each public utility company having structures in proximity to the site of the work of the 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 p rotect their property from injury.
E.The Department will not permit use of explosives within 200 -feet of any existing, newly finished, or partly finished structure on a project unless authorized in writing by the engineer.
F.Follow the requirements of the DE MUTCD for blasting zone operations. 107.9 Protection and Restoration of Property.
A.Assume responsibility for the preservation of all public and private property, along and adjacent to the roadway not designated on the plans for repair, removal, or construction. Take the precautions necessary to prevent damage to trees, plantings, pipe s, conduits, and other underground structures. Do not injure or destroy trees or plantings outside the LOC, nor remove or cut them without proper authority.
B.Protect from disturbance or damage all land monuments and property markers. Locate and reset 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 Delawa re.
C.Where any direct or indirect damage is done to public or private property on account of any act, 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.
D.In case of the failure on the part of the contractor to restore such property or make good such 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.
107.10 Responsibility for Damage Claims.
A.The contractor shall assume the responsibility and liability for, and indemnify and save harmless the State of Delaware, the Department of Transportation, its Secretary, and all officers, agents, employees, assigns, and servants from and against all sui ts, 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:
1.Operations of the contractor, including but not limited to work performed; neglect in 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, no nperformance of the work, or any omission, neglect, or misconduct occurring during the course of the contract.
2.Any claim(s) or amount(s) recovered from any infringement(s) of patent, trademark, or copyright.
3.Any claim(s) or amount(s) arising or recovered under the "Workers Compensation Act," for any violation or alleged violation of any law, ordinance, rule, regulation, order, or decree. The LEGAL RELATIONS AND RESPONSIBILITY SECTION 107 TO THE PUBLIC 58 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.
107.11 Furnishing 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.
107.12 Personal 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.
107.13 Contractor’s Responsibility for the Work after Final Acceptance; No Waiver of Legal Rights.
A.Upon completion of the work, the Department will accept the work in accordance with Section
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 con tractor or its surety, or both, such overpayment as it may sustain, or reco vering 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.
B.The contractor, without prejudice to the terms of the contract, is liable to the Department after 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 guar anty.
107.14 Hazardous Materials Discovered Within the Project Limits.
A.If any condition is encountered or exposed that indicates the presence of a hazardous material or 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.
B.Conditions indicating the presence of a hazardous material or toxic waste include, but are not limited to, the following: presence of barrels, chemical odors, excessively hot earth, smoke, or any other condition that indicates a hazardous material or to xic waste. Treat such conditions with extreme caution.
C.The engineer will arrange for disposition of the hazardous material or toxic waste by a third party contractor at the Department’s expense.
Source: Delaware Standard Specifications for Road and Bridge Construction, 2025 Edition. Pages 67–68 of 779.