Delaware Standard Specifications for Road & Bridge Construction — Section 107.2

MATERIAL QUALITY AND TESTING REQUIREMENTS SECTION 106

53 permission of the property owner or lessee. The engineer may request copies of written permission to use private property for storage.

1.Do not store materials or equipment under or adjacent to DelDOT maintained bridges or

retaining walls without an executed agreement.

C.Restore storage and plant sites to their original condition.

106.7Unacceptable Materials.

The Department will reject materials not conforming to the contract requirements. Either remove rejected materials from the project or correct the material defects using methods approved by the engineer in accordance with Section 106.8 , Disposal of Unacceptable Materials .

106.8Disposal of Unacceptable Materials.

A.Waste materials from the work become the contractor’s property. Remove the waste materials

from the project.

1.The contract may provide disposal sites for the contractor’s use. If the contract -provided

disposal sites are not large enough to handle all contract waste materials, procure additional disposal sites as necessary.

2.Submit proposed disposal sites for the engineer’s approval before using the sites.

a.Provide a plan of the disposal area that includes:

i.Includes sediment and erosion control devices.

ii. Shows the existing contours and proposed final contours. iii. Contains a list of materials the contractor plans to place in the disposal area. iv. Details proposed security measures.

b.When preparing and using off -site disposal areas, comply with all stormwater and

environmental rules, regulations, or applicable permits issued by DNREC, USACOE, and all other applicable government agencies. Obtain permits, if necessary, in accordance w ith

c.Costs for preparing these plans are incidental to the pay item that generates the waste.

d.For disposal sites designated in the contract documents, the Department will pay for erosion

and sediment controls, seeding, and mulching under applicable pay items.

e.The Department will consider costs for erosion and sediment controls, seeding, and mulching

for contractor -procured disposal sites as incidental to the pay items that generate the waste.

106.9Department -Provided Material.

A.The Department will deliver, or make available, to the contractor Department -provided material

at locations specified in the contract.

B.Include the cost of handling and placing Department -provided materials in the pay items the

materials are used for. The Department will make deductions from monies due the contractor for damage that occurs to the material after delivery due to contracto r negligence. The Department MATERIAL QUALITY AND TESTING REQUIREMENTS SECTION 106

54 will deduct money due the contractor should the Department incur unanticipated delivery costs because of contractor delays in accepting and unloading the materials.

LEGAL RELATIONS AND RESPONSIBILITY SECTION 107 TO THE PUBLIC 55 SECTION 107 — LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

107.1Laws to be Observed.

A.Investigate and strictly comply with all federal, state, or county laws and regulations, and city or

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.

B.If the contractor discovers any provisions in the contract that are contrary to or inconsistent with

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

A.At points where the contractor's operations are adjacent to properties of railway, communications

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

B.In the event of interruption to water or utility services as a result of accidental breakage, or as a

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

C.Keep fire hydrants on or adjacent to the highway accessible to fire apparatus at all times and do

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.

D.Whenever any work is performed in the area of a fire hydrant or whenever a fire hydrant is

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 fl ange 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 LEGAL RELATIONS AND RESPONSIBILITY SECTION 107 TO THE PUBLIC 56 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.

A.Do not require any person employed in performance of the contract to work in surroundings or

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

B.Provide and maintain in a neat and sanitary condition such accommodations for the use of its

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.

A.In performing the work, interfere as little as possible with traffic. Provide and maintain ingress and

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 th e 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.

B.Maintain a safe work site at all times and be prepared to make repairs as needed after normal

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 maint enance 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, equipme nt, 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.

A.When the use of explosives is necessary for the prosecution of the work, exercise the utmost care

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

B.Store all explosives in a secure manner in compliance with all laws and ordinances, and clearly

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.

C.Do not store explosives overnight on the project.

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.

107.9Protection 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, 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.

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.

107.10Responsibility 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

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

Source: Delaware Standard Specifications for Road and Bridge Construction, 2025 Edition. Pages 63–67 of 779.

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105.16 Partial Acceptance ; Project Acceptance; Final Acceptance ; and Project Closeout

107.10 Responsibility for Damage Claims