107Legal Regulations and Responsibility to the Public

107.01Laws to Be Observed

The Contractor shall keep fully informed of all Federal and State laws, all local laws, ordinances, codes, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on The Work, or which in any way affect the conduct of the work. The Contractor shall at all times observe and comply with all such laws, ordinances, codes, regulations, orders, decrees, and permits; and shall protect and indemnify the Department and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, code, regulation, order, decrees, and permits, whether by himself, his employees, subcontractors, or agents.

107.02Permits and Licenses

The Contractor shall procure all permits and licenses, pay all charges, taxes, and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work.

107.03Patented Devices

If the Contractor employs any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the Department from any and all claims for infringement by reason of the use of any such patented design, device, material, or process, or any trademark or copyright, and shall indemnify the Department for any costs, expenses, and damages which it may be obliged to pay by reason of any infringement, at any time during the prosecution or after the completion of the work.

107.04Restoration of Surfaces Opened by Permit

The right to construct or reconstruct any utility service in the highway or street and to grant permits for the same at any time, is expressly reserved by the Department for the proper authorities of the municipality or county in which the work is done and the Contractor shall not be entitled to any damages either for the digging up of the street or highway, or for any delay occasioned thereby. Any individual, firm, or corporation wishing to make an opening in the street or highway must secure a permit from the Department. The Contractor shall allow parties bearing such permits, and only those parties, to make openings in the street or highway. When ordered by the Engineer, the Contractor shall make in an acceptable manner all necessary repairs due to such openings and such necessary work will be paid for as extra work, or as provided in the Specifications, and will be subject to the same conditions as original work performed.

107.05Federal-Aid Provisions

When the United States Government pays all or any part of the cost of a project, the Federal laws and the rules and regulations made pursuant to such laws must be observed by the Contractor, and the work shall be subject to the inspection of the appropriate Federal agency. Such inspection shall in no sense make the Federal Government a party to this Contract and will in no way interfere with the rights of either party hereunder.

107.06Sanitary Provisions

The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his employees as may be necessary to comply with the requirements of the State Department of Health and other authorities having jurisdiction and shall permit no public nuisance.

107.07Public Convenience and Safety

The Contractor shall at all times so conduct the work as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the highway and the protection of persons and property shall be provided for by the Contractor as specified under Subsection 104.05, Subsection 107.09, Section 150, the project plans, and special provisions. Traffic whose origin and destination are within the limits of the project shall be provided ingress and egress at all times unless otherwise specified in the plans or special provisions. The ingress and egress include entrance and exit via driveways at the various properties, and access to the intersecting roads and streets. The Contractor shall maintain sufficient personnel and equipment on the project at all times, particularly during inclement weather, to ensure that ingress and egress are provided when and where needed. Two-way traffic shall be maintained at all times unless otherwise specified or approved. The Contractor shall not stop traffic without permission granted by the Engineer. All equipment used on the work shall come equipped with factory-installed mufflers, or manufacturer’s recommended equivalent, in good condition. These mufflers shall be maintained in good condition throughout the construction period.

107.08Railroad-Highway Provisions

All work to be performed by the Contractor on a railroad company’s right-of-way or property shall be done in a manner satisfactory to the chief engineer of the railroad company, or his authorized representative, and shall be performed at such times and in such manner as not to unnecessarily interfere with the movement of trains or traffic upon the track of the railroad company. The Contractor shall use all reasonable care and precaution in order to avoid accidents, damage, or unnecessary delay or interference with the railroad company’s trains or other property, or property of tenants of railroad company. The Contractor shall notify the railroad company and obtain its approval before commencing work on the railroad company’s right-of-way or property. The Contractor shall determine what measures are required by the railroad company to protect its operations and right-of-way or property during construction. Such protection may include the use of a flagger or flaggers provided by the railroad company. The Contractor shall be responsible for ensuring that the required protection is provided and shall pay the railroad company directly for any and all such services which may be required to accomplish the construction unless otherwise specified. Any temporary grade crossings or other means needed during construction by the Contractor for transporting materials of any nature and/or equipment across the railroad tracks will be the responsibility of the Contractor to handle directly with the railroad company and bear all costs incidental to such crossings including flagging services provided by the railroad company. A Special Provisions for the Protection of Railroad Interests may be included in the proposal to stipulate insurance and other requirements of the railroad company.

107.09Barricades and Danger, Warning, and Detour Signs

The Contractor shall furnish, install, and maintain all necessary and required barricades, signs, and other traffic control devices in accordance with these Specifications, project plans, special provisions, and the MUTCD, and take all necessary precautions for the protection of the work and safety of the public. Unless otherwise specified, all traffic control devices furnished by the Contractor shall remain the property of the Contractor.

107.10Forest Protection

In carrying out work within or adjacent to State or National Forests, or any other forests, parks, or other public or private lands, the Contractor shall obtain necessary permits and comply with all of the regulations of the appropriate authorities having jurisdiction over such forest, park, or lands. The Contractor shall keep the areas in an orderly condition, dispose of all refuse, obtain permits for the construction and maintenance of all construction camps, stores, warehouses, residences, latrines, cesspools, septic tanks, and other structures in accordance with the requirements of the appropriate authority. The Contractor shall take all reasonable precautions to prevent and suppress forest fires and shall require his employees and subcontractors, both independently and at the request of forest officials, to do all reasonably within their power to prevent and suppress and to assist in preventing and suppressing forest fires; to notify a forest official at the earliest possible moment of the location and extent of any fire seen by them; and to extinguish or aid in extinguishing nearby fires.

107.11Construction Over or Adjacent to Navigable Waters

Since navigable waterways are under the jurisdiction of the United States Coast Guard and/or the United States Army Corps of Engineers, all work done in, over, on or adjacent to such waters shall comply with their requirements. Free navigation shall not be impeded, and navigable depths shall be maintained. The Contractor shall comply with permits issued by the United States Coast Guard and/or the United States Army Corps of Engineers, and the Contractor shall obtain and comply with other permits in accordance with the r equirements of Subsection 107.02. S pecial Provisions for environmental protection may be included in the proposal to stipulate environmental commitments and other requirements.

W hen the construction has progressed enough to permit removal, all falsework, piling and other obstructions shall be removed to the satisfaction of the Federal agency having jurisdiction. In all cases such clearing must be done t horoughly before the work will be accepted by the Department.

107.12Use of Explosives

When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, and shall obey all State, Federal and other Governmental regulations applying to transportation, storage, use, and control of such explosives. The Contractor shall be completely responsible for any and all damage resulting from the transportation, storage, use, and control of explosives in the prosecution of the work by the Contractor, the Contractor’s agents, or employees; and shall hold the Department harmless from all claims of damages resulting in any manner therefrom. The Contractor shall notify each public utility owner having structures or other installations, above or below ground, near the site of The Work of his intention to use explosives. Such notice shall be given sufficiently in advance to enable the utility owners to take such steps as they may deem necessary to protect their property from injury. Such notice shall not relieve the Contractor of responsibility for all damages resulting from his blasting operations. All explosives shall be stored securely in compliance with all laws and ordinances, and all such storage places shall be clearly marked DANGEROUS EXPLOSIVES. Explosives and detonators shall be stored in separate storage facilities in separate areas. Where no laws or ordinances apply, locked storage shall be provided satisfactory to the Engineer, never closer than 1,000 ft. (300 m) from any travel-road, building, or camping area. In all cases where the transport, storage, or use of explosives is undertaken, such activities shall be controlled and directed by fully qualified representatives of the Contractor. Whenever electric detonators are used, all radio transmitters shall be turned off within a radius of 500 ft. (150 m). No blasting supplies shall be transported in vehicles with two-way radio unless the transmitter is turned off, or extra

shielding precautions are taken. Appropriate signs shall be placed so as to give ample warning to anyone driving a vehicle equipped with two-way radio. Electrical detonators will not be used within 500 ft. (150 m) of a railroad.

Submit a blasting plan to the Engineer a minimum of five working days prior to use of explosives that provides details

of the proposed blasting plan, including, but not limited to, the type and amount of explosives, the shot sequence, the

description of and distance to the closest inhabitable structure, and other information as requested by the Engineer.

Submission of blasting plan does not relieve the contractor of the responsibility for the adequate and safe performance

of the blasting.

107.13Protection and Restoration of Property and Landscape

The Contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees,

monuments, highway signs and markers, fences, grassed and sodded areas, etc. along and adjacent to the

highway, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal,

alteration, or destruction of such property is provided for under the Contract. The Contractor shall use suitable

precaution to prevent damage to all underground structures, whether shown on the Plans or not, and shall protect

carefully from disturbance or damage, all land monuments and property marks until the Engineer has witnessed or

otherwise referenced their location and shall not move them until directed. The Contractor shall not willfully or

maliciously injure or destroy trees or shrubs, and he shall not remove or cut them without proper authority.

The Contractor shall be responsible for all sheet piling, shoring, underpinning, etc., as may be required for the

protection of abutting property, nearby buildings, streets, and the like.

The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of

the work, resulting from any act, omission, neglect, or misconduct in his manner or method of executing the work,

or at any time due to defective work or materials, and said responsibility will not be released until the project shall

have been completed and accepted.

The Contractor shall plan, coordinate, and prosecute the work so that disruption to personal property and

business is held to a practical minimum.

No resident or business shall be denied vehicular access to their property for any length of time other than as

determined by the Engineer is absolutely necessary. Where two or more existing driveways are present for a

business, only one existing driveway shall be closed at any time. All construction areas abutting lawns and yards

of residential or commercial property shall be restored promptly. Backfilling of each drainage structure or section

of curb and gutter, sidewalk, or driveway shall be accomplished as soon as adequate strength is obtained.

Finishing, dressing, and grassing shall be accomplished immediately thereafter as a continuous operation within

each area being constructed with emphasis placed on completing each individual yard or business frontage. Care

shall be taken to provide positive drainage to avoid ponding or concentration of runoff.

Handwork, including raking and smoothing, shall be required to ensure that roots, sticks, rocks, and other debris

are removed in order to provide a neat and pleasing appearance. Grassing, when in season, shall immediately

follow in order to establish permanent cover at the earliest date. If grassing is not in season, proper erosion control

shall be installed and maintained.

The work described above shall be in addition to that required by Subsection 104.07, Final Cleaning Up and

Subsection 105.16, Final Inspection and Acceptance.

The Contractor shall take all necessary measures throughout the life of the Project to control erosion and silting of

rivers, streams, and impoundments (lakes, reservoirs, etc.). Construction of drainage facilities as well as

performance of other Contract work which will contribute to the control of erosion and siltation shall be carried out

in conjunction with clearing and grubbing, and earthwork operations as stipulated in Section 161. 49494949494949494949

The Contractor shall exercise every reasonable precaution throughout the life of the Contract to prevent

pollution of rivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw

sewage and other harmful waste shall not be discharged into or alongside rivers, streams, and impoundments,

or into natural or manmade channels leading thereto. The Contractor shall also comply with the applicable

regulations of other State and Federal departments and to all governmental statues relating to the prevention

and abatement of pollution.

The Plant Pest Control Division of the U.S. Department of Agriculture and the Georgia State Department of

Agriculture restrict the movement of certain items from areas infested with Japanese Beetles or Imported Fire Ants

so as to prevent the spread of these pests to non-infested areas. Where insect infested areas are shown on the

plans, Contractors will control their operations in such a manner as to comply fully with the requirements of

Section 155.

Whenever or wherever the Contractor obtains material from a source or wastes material on an area other than

within the Right-of-Way, regardless of the fashion, manner or circumstances for which the source or area is

obtained, it shall be reclaimed in accordance with the requirements of Section 160.

The property owner shall have the responsibility for removing and relocating the mailbox to an area outside

construction limits.

The Engineer will mark a point for the relocation of the box. The stake should be set so that the location of the box

will be convenient to both the mail carrier and the patron, yet not interfering with the proposed work. It may be

necessary for the Engineer to confer with the Post Office serving the area.

The Contractor shall notify each affected owner, in writing, that their mailbox is in conflict with the proposed

construction, that they have ten days to relocate the box and that, after the expiration of the 10 days’ notice, if the

owner has not relocated the box, it shall be removed by the Contractor and laid upon the owner’s property, clear

of the right-of-way.

Any cost to the Contractor for removing the mailboxes as stated above shall be included in the price bid for

other items.

Failure of the Contractor to comply with any of the above provisions or to install erosion prevention items included

in the Contract at the time specified, will be evidence of omission and neglect, and the Contractor will be liable for

damages as outlined in Subsection 107.13.H below. Furthermore, the Engineer shall withhold payment on all

Contract Items until such time as the Contractor complies in full with all of the aforesaid provisions.

When or where any direct or indirect damage or injury is done to public or private property by or on account of any

act, omission, neglect, or misconduct in the execution of the Work, or in consequence of the nonexecution thereof

by the Contractor, the Contractor shall restore, at his own expense, such property to a condition similar or equal

to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be

directed, or shall make good such damage or injury in an acceptable manner.

All costs pertaining to any requirement contained herein shall be included in the overall bid submitted unless such

requirement is designated as a separate Pay Item in the proposal. 50505050505050505050

107.14Load Restrictions

It is hereby agreed between the Department and the Contractor that in the performance of the work under the

Contract, the following load restrictions and stipulations shall be in full force and effect during the life of the Contract:

The load restrictions and stipulations contained herein shall be applicable to the equipment of the Contractor;

each agent or subcontractor employed by the Contractor; and each person or persons, firm, partnership,

corporation or any combination thereof, hauling materials, supplies or equipment to or on the project, by or for

the Contractor.

No hauling equipment which is loaded beyond those limits provided by State Law shall be permitted on any

portion of the new or existing pavement structure except that such loads will be permitted on non-stabilized bases

and subbases prior to placing roadway paving subject to the provisions of Subsection 107.17.

Axle loads and gross weight limits will be evaluated in accordance with current Georgia Law.

All damage caused by any equipment to any permanent installation or portion of the work shall be promptly

repaired by the Contractor at his expense. When it becomes necessary to cross existing pavement with excessive

loads, the Contractor shall provide and remove, at his own expense, proper cushioning by means of earth blanket

or otherwise as directed.

All equipment users included in Subsection 107.14.A, above, operating equipment on roads outside the project

limits shall be governed by the following regulations:

vehicle is making a pickup or delivery on such roads.

obtained from the Department for each such movement. A special permit will not relieve the Contractor of

liability for damage that may result from such a movement. Refer to O.C.G.A §32-6-26 Weight of Vehicle and

Load, SB54 (2011) for compliance with weight limitations and exceptions.

material to the Project whenever the Department so desires. The owner of each truck shall instruct his

operators to cooperate with and assist the truck weighers in every way possible.

dispatch any vehicle loaded with material to be incorporated into the Project when the gross vehicle weight

exceeds the limit established by law.

Procedure 10, Quality Assurance for Concrete Plants in Georgia.

It will be the responsibility of the Contractor to advise his personnel, and all equipment users included in

Subsection 107.14.A, as to the load restrictions and stipulations contained herein.

If multiple violations assignable to a given Certified Public Weigher are occurring, that Certified Public Weigher

may be suspended from weighing materials dispatched to Department of Transportation projects. 51515151515151515151

107.15Responsibility for Damage Claims

The Contractor shall indemnify and save harmless the Department, its officers and employees, from all suits, actions,

or claims of any character brought because of any injuries or damage received or sustained by any person, persons,

or property on account of the operations of the said Contractor; or on account of or in consequence of any neglect in

safe-guarding the work; or through use of unacceptable materials in constructing the work; or because of any act of

omission, neglect or misconduct of said Contractor; or because of any claims or amounts recovered from any

infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the

Workmen’s Compensation Act, or any other law, ordinance, order, or decree; and so much of the money due the

said Contractor under and by virtue of his Contract as may be considered necessary by the Department for such

purpose may be withheld for the use of the State; or, in case no money is due, his surety may be held until such suit

or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable

evidence to that effect furnished to the Department; except that money due the Contractor will not be withheld

when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property

damage insurance.

107.16Opening Sections of Project to Traffic

Whenever any bridge or section of roadway is in acceptable condition for travel, the Engineer may direct that it be

opened to traffic, whether or not the opening was originally provided for, and such opening shall not be held to be in

any way an acceptance of the bridge or roadway, or any part thereof, or as a waiver of any of the provisions of the

Contract. Necessary repairs or renewals made on any section of the roadway or bridge thus opened to traffic under

instructions from the Engineer, due to defective material or work, or to any cause other than ordinary wear and tear,

pending completion and acceptance of the roadway, bridge, or other work, shall be done by the Contractor, without

additional compensation. Also, the Contractor shall not receive additional compensation for completing the work

except as specified in Subsection 104.03.

If the Contractor is dilatory in completing shoulders, drainage structures, or other features of work, the Engineer may

so notify him in writing and establish therein a reasonable period of time in which the Work should be completed. If the

Contractor is dilatory or fails to make a reasonable effort toward completion in this period of time, the Engineer may

then order all or a portion of the Project opened to traffic. On such sections which are so ordered to be opened, the

Contractor shall conduct the remainder of his construction operations so as to cause the least obstruction to traffic

and shall not receive any added compensation due to the added cost of the Work by reason of opening such section

to traffic.

On any section opened to traffic under any of the above conditions, whether stated in the Special Provisions or

opened by necessity of Contractor’s operations, or unforeseen necessity, any damage to the highway not attributable

to traffic which might occur on such section (except slides) shall be repaired by the Contractor at his expense. The

removal of slides shall be done by the Contractor on a basis agreed to prior to the removal of such slides.

107.17Contractor’s Responsibility for the Work

From the first day the Contractor begins work, or from the date Contract Time commences, whichever occurs first,

until written final acceptance of the project by the Engineer, the Contractor shall have the charge and care thereof and

shall take every precaution against injury or damage to any part thereof by the action of the elements or from any other

cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair,

restore, and make good all injuries or damages to any portion of The Work occasioned by any of the above causes

before final acceptance and shall bear the expense thereof except that the Department may, in its discretion,

reimburse the Contractor for the repair of damage to The Work due to unforeseeable causes beyond the control of and

without the fault or negligence of the Contractor, including but not restricted to acts of God, of the public enemy or of

governmental authorities. The Contractor’s responsibility for damages and injuries is defined in Subsection 104.05.A.

In case of suspension of work from any cause whatsoever, the Contractor shall be responsible for the Project and shall

take such precautions as may be necessary to prevent damage to the Project, provide for normal drainage and shall

erect any necessary temporary structures, signs, or other facilities at his expense. 52525252525252525252

107.18Acquisition of Right-of-Way

Rights-of-Way for the project will be obtained by the Department, in coordination with local governments and others.

However, the Contractor’s access to the portions of the right-of-way may be restricted. Where such restrictions are

known in advance to the Department they will be listed in the bid proposal. Delays to the progress of the work may be

encountered because of restricted access to portions of the right-of-way. When such delays occur, whether caused by

restrictions listed in the bid proposal or restrictions that develop after the Contract is signed, the parties agree in

executing the Contract that such delays do not constitute breach of the Contract. Delays in availability of right-of-way

beyond those listed in the bid proposal, or that develop after the Contract has been signed, that impact the controlling

Item or Items of the work will not be charged against the Contract Time. Additional compensation for such delays shall

not be paid, except as provided in Subsection 105.13, Claims for Adjustments and Disputes, or Subsection 109.09,

Termination Clause. In the event the Department is unable to acquire right-of-way needed for the project, resulting in

delay to or termination of the project, such situation will also be controlled by this Section, and will not constitute a

breach of the Contract by the Department.

107.19Personal Liability of Public Officials

In carrying out any of the provisions of the Contract or in exercising any power or authority granted to the Board,

Commissioner, Chief Engineer, their agents and employees, by the Contract, there shall be no liability, either

personally or as officials or representatives of the Department, it being understood that in all such matters they act

solely as agents and representatives of the Department.

107.20No Waiver of Legal Rights

Upon completion of the work, the Department will expeditiously make final inspection and notify the Contractor of

acceptance. Such final acceptance, however, shall not preclude or estop the Department from correcting any

measurement, estimate, or certificate made before or after completion of the work, nor shall the Department be

precluded or estopped from recovering from the Contractor or his Surety, or both, such over-payment as it may

sustain, or by failure on the part of the Contractor to fulfill his obligations under the Contract. A waiver on the part

of the Department of any breach of any part of the Contract shall not be held to be a waiver of any other or

subsequent breach.

The Contractor, without prejudice to the terms of the Contract, shall be liable to the Department for latent defects,

fraud, or such gross mistakes as may amount to fraud, or as regards the Department’s rights under any warranty

or guaranty. 53535353535353535353

107.21General Description

The Contractor shall designate, prior to beginning any work, a Worksite Utility Coordination Supervisor (WUCS) who

shall be responsible for initiating and conducting utility coordination meetings and accurately recording and reporting

the progress of utility relocations and adjustment work. Also, the WUCS shall prepare an Emergency Response Plan

for the purpose of planning, training, and communicating among the agencies responding in the event of an

emergency. The WUCS shall be the primary point of contact between all of the Utility companies, the Contractor and

the Department. The WUCS shall recommend the rate of reoccurrence for utility coordination meetings and the

Engineer will have the final decision on the regularity for utility coordination meetings. In no case will utility

coordination meetings occur less than monthly until controlling items of utility relocations and adjustment milestones

are completed. The WUCS shall contact each of the utility companies for the purpose of obtaining information

including, but not limited to, a Utility Adjustment Schedule (UAS) for the controlling items of utility relocations and

adjustments. The WUCS shall notify the appropriate utility company and/or utility subcontractors and the Department

of the status of controlling items of relocations and adjustment milestones as they are completed. The WUCS shall

furnish the Engineer, for approval, a progress schedule chart, immediately following the receipt of the Notice to

Proceed unless otherwise specified, which includes the utility companies controlling items of work and other

information in accordance with Section 108.03 or elsewhere in the Contract documents.

The WUCS shall cooperate with the companies of any underground or overhead utility facilities in their removal,

relocations or adjustment work in order that these operations may progress in a reasonable manner, and that

duplication of this work may be reduced to a minimum, and services rendered by those parties will not be

unnecessarily interrupted. To promote this effort the WUCS shall prepare an agenda for the utility coordination

meetings and circulate same in advance of the meeting to encourage input and participation from all the utility

companies. The agenda will be prepared by an examination of the project site and should include photographs of

potential/actual utility conflicts.

The WUCS shall be an employee of the Prime Contractor, shall have at least one year experience directly related

to highway and utility construction in a supervisory capacity and have a complete understanding of the Georgia

Utilities Protection Center operations, and shall be trained on the Georgia Utility Facility Protection Act (GUFPA).

The Department does not offer any training on GUFPA.

The Prime Contractor is responsible for obtaining the GUFPA training for their employees.

Questions concerning the Georgia Public Service Commission GUFPA training program should be directed to:

Georgia Public Service Commission

244 Washington St. SW

Atlanta, GA 30334-5701

404.463.9784

During the utility coordination meetings, the WUCS shall collect and maintain the Ticket Status information to

determine the status of all locate requests within the project limits. This information will be used to assure those

planning to use mechanized equipment to excavate or work within the project limits are prepared to begin work

when they have reported or estimated beginning work. At points where the Contractor’s or utility company’s

operations are adjacent to or conflict with overhead or underground utility facilities, or are adjacent to other

property, damage to which might result in considerable expense, loss, or inconvenience, work shall not

commence until all arrangements necessary for the protection thereof have been made. 54545454545454545454

The names of known utility companies and the location of known utility facilities will be shown on the plans or

listed in the Subsurface Utility Engineering Investigation if performed or in the special provisions; and the WUCS

shall give 24-hour notice to such utility companies before commencing work adjacent to said utility facilities which

may result in damage thereto. The WUCS shall further notify utility companies of any changes in the Contractor’s

work schedules affecting required action by the utility company to protect or adjust their facilities. Notice to the

utility companies by the Department of the Award of Contract, under Subsection 105.06, shall not be deemed to

satisfy the notice required by this paragraph. Furthermore, this 24-hour notice shall not satisfy or fulfill the

requirements of the Contractor as stated in Chapter 9 of Title 25 of the Official Code of Georgia Annotated, known

as the Georgia Utility Facility Protection Act.

The WUCS is responsible for holding meetings and communicating with each Utility Owner, the Department,

and/or the Department’s representative as necessary to timely accomplish the Utility Adjustments in compliance

with the UAS. To promote this effort the WUCS shall give at least seven (7) calendar days advanced notice of each

scheduled meeting, prepare an agenda [which includes (a) status/updates of the last meeting, (b) any outstanding

issues/concerns with utility relocation activities etc.] for the UC meetings and circulate same in advance of the

meeting to encourage input and participation from all of the utility companies.

The WUCS must prepare the meeting minutes of all UC meetings and distribute the same to all Utility Companies

(regardless of their attendance) within seven (7) calendar days of the UC meeting. If any Utility Company fails to

attend these meetings and/or provide required updates on their relocation work, the WUCS must inform the

District Utility Manager (DUM) or designee of these details.

The WUCS shall record the weather delay details (which includes the rainy days and non-productive days) and

provide this information in the UC meeting minutes.

The WUCS shall prepare and submit Emergency Utility Response Plan (EURP) within 30 days following the receipt

of the Notice to Proceed. The EURP shall indicate the project location (which includes street address and or major

intersections/major highway route, if possible with a land mark) that would be reported in case of an emergency,

WUCS, Emergency Utility Coordinator (EUC), utility company name, utility company emergency contact

information to include but not limited to emergency phone number, response time for emergency, working

condition of devices needed to facilitate prompt shut off, and primary point of contact name and phone number

for the project.

Emergency Utility Coordinator (EUC) shall be an employee of the Prime Contractor and shall notify the appropriate

utility company and/or utility subcontractors in case of an emergency. EURP must include the contact details of

the EUC, if WUCS is not the primary emergency utility coordinator for this project.

The plan will also include a means of reporting emergencies and the Utility Emergency Response Information for

each company. The WUCS/EUC shall post the EURP in an area readily accessible to the Department and project

personnel. Also, WUCS shall distribute the copies of EURP by e-mail and hard copy to GDOT Area Engineer,

GDOT Construction Project Manager, Contractor’s project manager, superintendent, and all approved sub-

contractors whose work can be in conflict with utilities facilities, personnel of each facility/owner/operator who has

facilities within the project limits and keep a copy in close proximity to active construction.

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

being exposed or unsupported, the WUCS/EUC shall promptly notify the appropriate emergency officials, the

Georgia Utilities Protection Center and the appropriate utility facility company or operator, if known. Until such

time as the damage has been repaired, no person shall engage in excavating or blasting activities that may cause

further damage to the utility facility.

In order to keep up with the latest/most updated EURP contact information (name and phone numbers); WUCS

shall include an item in the agenda of Utility Coordination meeting about the updates / changes in the EURP plan.

The Emergency Utility Response Plan and Emergency Utility Response Information template can be found at the

State of Georgia, Office of Utilities web page. 55555555555555555555

Provisions for reporting all utility coordination meetings, the progress of utility relocation and adjustment work

milestones and ticket status information will be reported on a form developed by the WUCS and will be distributed

by the WUCS to all of the utility companies as milestones are met and shall be included as part of the project

records. These reports shall be delivered to the Engineer for review, on a monthly basis. The WUCS shall

immediately report to the Engineer any delay between the utility relocation and adjustment work, the existing

Utility Adjustment Schedule, or the proposed Utility Adjustment Schedule so that these differences can

be reconciled.

Delays and interruptions to the controlling item or Items of the work caused by the adjustment or repair of water,

gas, or other utility appurtenances and property may be considered for an extension of Contract Time as provided

in Subsection 108.07.E unless such delays are due to the negligence of the Contractor.

If the utility facilities are to be supported on bridges, the following provisions shall apply:

attached to the bridge as a part of the support for the utility facility. The Utility Company shall furnish these

auxiliary items, unless the Contract indicates these items are to be furnished by the Contractor as a part of the

bridge construction.

attachments necessary for the support of the utility facility as indicated on the Plans. The Utility Company

shall furnish these attachments at no cost to the Department or the prime contractor unless otherwise

specified. This work shall also include:

undesirable materials.

shall be done in accordance with the applicable portions of Section 535, unless otherwise specified.

show at what stage of the Work a utility company will be allowed to make the utility installation. Further, all or

any portion of The Work under Subsection 107.21.H.3 may be included in the bridge Contract by the plans

and/or the special provisions.

Engineer at the expense of the Utility or its subcontractor installing the utility facility.

The Plans provide for at least minimum clearance of utilities as required by the National Electrical Safety Code,

U.S. Department of Commerce, and National Bureau of Standards. Additional clearance required or desired by the

Contractor shall be arranged by the Contractor with the Utility Owner. The Department will pay no extra

compensation for such additional clearances. 56565656565656565656

The purpose of the Utility Adjustment Schedule is to provide the Contractor with the pertinent information,

including any utility staging required, dependent activities, or joint-use coordination that is required for the creation

of a feasible progress schedule. A suitable Utility Adjustment Schedule form is available from the Department for

the WUCS to circulate to utility companies for any proposed project construction staging or should a utility

company not duly file a Utility Adjustment Schedule to the Department during the preconstruction phase of the

project. The WUCS shall submit a Utility Relocation Progress Schedule showing together the progress schedule

Chart referenced in Section 108.03 and the proposed Utility Adjustment Schedules from all utility companies to

the Engineer for review and approval. Copies of UAS’s with utility companies having facilities on this project will be

made available at the Georgia Department of Transportation, Office of Construction Bidding Administration,

located at One Georgia Center, 600 West Peachtree Street, NW, Atlanta, GA 30308, for examination by the

Contractor. The Utility Adjustment Schedules are available on-line at: https://www.bidx.com/ga/lettings

There will be no separate measurement or payment for this work. The cost associated with this work shall be

included in the overall bid submitted.

107.22Hazardous and/or Toxic Waste

When the Contractor’s operations encounter or expose any abnormal condition which may indicate the presence of

a hazardous and/or toxic waste, such operations shall be discontinued in the vicinity of the abnormal condition and

the Engineer shall be notified immediately. The presence of barrels, discolored earth, metal, wood, or visible

fumes, abnormal odors, excessively hot earth, smoke, or anything else which appears abnormal may be indicators

of hazardous and/or toxic wastes and shall be treated with extraordinary caution as they are evidence of

abnormal conditions.

The Contractor’s operations shall not resume until so directed by the Engineer.

Disposition of the hazardous and/or toxic waste will be made in accordance with the requirements and regulations of

the Department of Human Resources and the Department of Natural Resources. Where the Contractor performs work

necessary to dispose of hazardous and/or toxic waste, payment will be made at the unit prices for pay items included

in the contract which are applicable to such work or, where the contract does not include such pay items, payment will

be as provided in Subsection 109.05, Extra Work.

107.23Environmental Considerations

Erosion control measures shall be installed, to the greatest practical extent, prior to clearing and grubbing.

Particular care shall be exercised along stream buffers, wetlands, open waters and other sensitive areas to ensure

that these areas are not adversely affected.

Construction equipment shall not cross streams, rivers, or other waterways except at temporary stream crossing

structures shown on the plans or as allowed by permit.

Construction activities within wetland areas are prohibited except for those within the construction limits as shown

on the plans and as specified in Subsection 107.23.E.

All sediment control devices (except sediment basins) installed on a project shall, as a minimum, be cleaned of

sediment when one half the capacity, by height, depth or volume, has been reached. Sediment basins shall be

cleaned of sediment when one-third the capacity by volume has been reached.

Construction waste or debris, from bridge construction or demolition, shall be prevented from being allowed to fall

or be placed into wetlands, streams, rivers or lakes.

Excavation, dewatering, and cleaning of cofferdams shall be performed in such a manner as to prevent siltation.

Pumping from cofferdams to a settling basin or a containment unit will be required if deemed necessary by

the Engineer. 57575757575757575757

Operations required within rivers or streams, i.e. jetting or spudding, shall be performed within silt containment

areas, cofferdams, silt fence, sediment barriers or other devices to minimize migration of silt off the project.

For plan sets that include an Environmental Resources Impacts Table in the General Notes section, the Contractor

shall abide by all restrictions noted in the Environmental Resources Impact Table.

If objects thought to be historic material or archaeological artifacts are encountered during construction on the

Project site or during the excavation of a previously approved off-site facility, the Contractor shall immediately

cease the operation in the in the area of the find and notify the Engineer within twenty-four hours of the find. The

Engineer shall then immediately contact the State Environmental Administrator in the Office of Environmental

Services to determine the coordination required and the disposition of the find in accordance with Section 106 of

the National Historic Preservation Act (54 U.S.C § 300101 et seq.) and the Georgia Environmental Policy Act

(OCGA § 12-16-9 et seq.), as applicable. The Contractor shall not remove any historic or archaeological materials

from the Project site and shall not resume activity in the area of the find until specifically authorized in writing by

the Engineer.

If human remains or associated burial items are encountered during construction on the project site or during

excavation of a previously approved off-site facility, the Contractor shall immediately cease all activity in the in the

area of the find and notify the Engineer within twenty-four hours of the find. The Engineer shall then immediately

contact the State Environmental Administrator in the Office of Environmental Services. The Office of Environmental

Services will determine if the human remains are modern or historic/archaeological in context. If the human

remains are determined to be modern in context (i.e. not associated with a historic burial or an archeological

context), the Engineer will then notify law enforcement in accordance with OCGA § 31-21-6. If they are historic or

archaeological in context, law enforcement will not be notified as provided for in OCGA § 31-21-6 and the Georgia

Office of the State Archaeologist Policy on Encountering American Indian Human Remains. The Contractor shall

not remove any human remains or associated burial objects from the project site and shall not resume activity in

the area of the find until specifically authorized in writing by the Engineer.

The area of the find shall be secured and protected to the extent possible to prevent harm while coordination and

additional investigation are conducted pursuant to the Georgia Abandoned Cemeteries and Burial Ground Act

(OCGA § 36-72-1 et seq.), Section 106 of the National Historic Preservation Act (54 U.S.C § 3001001 et seq.),

Native American Graves Protection and Repatriation Act ( 25 U.S.C. § 3001 et seq.), and the Archaeological

Resources Protection Act (16 U.S.C. § 470aa-470mm), as applicable. The Contractor shall limit discussion of the

presence of human remains or associated burial items to Department personnel only and shall not share

information with the public through personal or mass media, subject to the Georgia Open Records Act (OCGA §

58-18-70 et seq.). The Office of Environmental Services will notify and coordinate with federal and state agencies,

federally-recognized tribes, and other entities, as applicable regarding the find and communicate the subsequent

plan for treatment and/or disposition to the Engineer. The Engineer will communicate to the Contractor the status

of any restrictions implemented that will affect the work as a result of the required coordination by the Office of

Environmental Services, including the time necessary to resolve required consultation and the identification of

areas within the project where the Contractor may work while coordination is ongoing.

When directed by the Engineer, the Contractor shall conduct work to implement any subsequent treatment plan.

Such work will be considered extra work pursuant to Specification 104.04. If the work is suspended, the

Contractor may submit a request for additional contract time as allowed under Section 108.06.

If the Contractor fails to immediately notify the Engineer of the find of historic material, archaeological artifacts,

human remains or associated burial objects (not to exceed 24 hours), the Contractor shall be liable for any and all

resulting and associated costs and damages incurred by the Department. Should damage to a find of historic

material, archaeological artifacts, human remains or associated burial objects occur as a result of the Contractor’s

action in violation of this section, and notwithstanding any subsequent approved correction by the Contractor, the

Contractor shall be liable for any and all costs resulting or arising from such action, including but not limited to, the

cost of repair, costs of remediation, fines, and mitigation fees assessed against the Department by another

government entity. 58585858585858585858

Specific written environmental approval from the Engineer will be required for any local material or disposal sites

not included in the Plans. No work shall be started at any potential local material or waste site not shown on the

plans prior to receiving said environmental approval from the Engineer. Local material sites are defined as borrow

pits, common borrow, base, embankment, sand clay base, topsoil base, soil cement base, granular embankment,

asphalt sand, maintenance pits, or stockpiled borrow sources. Disposals sites, as defined in Standard

Specification 201.3.05.E.3, may be defined as excess material, common fill, or inert waste.

The Contractor may obtain environmental approval on a site with one of two methods: 1) GDOT provided

environmental surveys or 2) environmental surveys obtained by the Contractor at no cost to the Department. The

Contractor must choose one method for review and approvals, which will apply to all sites required for a given

project and submit an Environmental Review Notification indicating their chosen method.

consultant(s) prequalified to work with the Department in the following area classes: 1.06(b) – History; 1.06(e) –

Ecology; and 1.06(f) – Archaeology. Background research and field methods shall be conducted in

accordance with the Office of Environmental Services Environmental Procedures Manual, with

documentation in an Environmental Survey Results Memorandum (template available from the Office of

Environmental Services).

Request shall be submitted for each site (template available from the Office of Environmental Services).

Upon receipt of an Environmental Survey Request, the Office of Environmental Services shall provide

environmental approval or denial within thirty (30) business days. Upon receipt of an Environmental Survey Results

Memorandum, the Office of Environmental Services shall provide environmental approval or denial within ten (10)

business days. The Department will not accept requests for review of sites before a Notice to Proceed is issued.

Incomplete Survey Requests, surveys that are not conducted by a GDOT prequalified consultant, or surveys

that do not meet the required level of field effort or documentation, will be denied by GDOT OES and may

require resubmittal.

The Engineer will inform the Contractor in writing as to the approval or denial of environmental clearance.

Approvals may be provided upon condition that an Environmentally Sensitive Area (ESA) be designated within or

adjacent to the site prior to use. All ESA stipulations shall be adhered to in accordance with Standard

Specification 107.23.F. If a site is denied, the Contractor may, at no expense to the Department, seek to obtain

permits or pursue other remedies that might otherwise render the site(s) acceptable, if available. Any and all

changes to proposed sites or their associated haul roads that are not included within the original Environmental

Survey Request or Environmental Survey Results Memorandum, including expansion, utilization for purposes

other than those indicated in the original submittal, etc. must be submitted for further environmental review and

approval prior to use.

Sites included in the Plans have environmental clearance and shall be used only for the purpose(s) specified in the

Plans or other contract documents. Should the Contractor wish to expand or utilize said sites for any purpose

other than that provided for in the Plans or other contract documents, specific written environmental clearance as

noted above shall be obtained.

Pollutants or potentially hazardous materials, such as fuels, lubricants, lead paint, chemicals or batteries, shall be

transported, stored, and used in a manner to prevent leakage or spillage into the environment. The Contractor shall

also be responsible for proper and legal disposal of all such materials.

Equipment, especially concrete or asphalt trucks, shall not be washed or cleaned-out on the project except in

areas where unused product contaminants can be prevented from entering waterways. 59595959595959595959

Temporary work in wetlands (that are not delineated with orange barrier fence) will be subject to the following

requirements:

geotextile fabric, or other suitable matting. The area shall not be grubbed.

shall be removed in their entirety prior to Final Acceptance of the Project. Matted and compressed soils shall

be backfilled to their original ground elevation with material meeting the requirements of Section 212 –

Granular Embankment.

(exclusive of soil matting to be retained in the final roadway section) shall be removed in their entirety prior to

final acceptance of the project.

Once the temporary materials have been removed, the area shall be covered by Excelsior or Straw blankets

according to Section 713 of the Specifications. The grassing and ground preparation referenced in Subsection

713.3.03, Preparation, will not be applicable to this work.

materials were properly removed, and that the area was properly restored. The Contractor shall be responsible

for any corrective action required to complete this work.

included in the overall bid submitted.

Some archaeological sites, historic sites, wetlands, streams, stream and pond buffers, open waters and protected

animal and plant species habitat within the existing/required Right-of-Way and easement areas may be designated

as ENVIRONMENTALLY SENSITIVE AREAs (ESAs). These areas are shown on the applicable plan sheets and

labeled “ESA” (e.g. ESA – Historical Boundary, ESA – Wetland Boundary). The Department may require that some

ESAs or portions thereof be delineated with orange barrier fence. The Contractor shall install, maintain, and replace

as necessary orange barrier fence at ESAs as delineated in the plan sheets.

The Contractor shall not enter, disturb, or perform any construction related activities, other than those shown on

the approved plan sheets within areas designated as ESAs including ESAs or portions thereof not delineated with

orange barrier fence. This includes but is not limited to the following construction activities: clearing and grubbing;

borrowing; wasting; grading; filling; staging/stockpiling; vehicular use and parking; sediment basin placement;

trailer placement; and equipment cleaning and storage. Also, all archaeological sites, historic sites, wetlands,

streams, stream and pond buffers, open waters, and protected animal and plant species habitat that extend

beyond the limits of existing/required Right-of- Way and easement areas shall be considered ESAs and the

Contractor shall not perform any construction related activities (such as those listed above) within these areas or

make agreements with property owners to occupy these areas for construction related activities (such as those

listed above). The Contractor shall make all construction employees aware of the location(s) of each ESA and the

requirement to not enter or otherwise disturb these areas.

If the Contractor is found to have entered an ESA, either within or outside the project area, for any purpose not

specifically shown on the approved plan sheets, the Department may, at its discretion, issue a stop work order for

all activities on the project except erosion control and traffic control until such time as all equipment and other

items are removed and the ESA is restored to its original condition.

However, should damage to an ESA occur as a result of the Contractor’s action in violation of this section, and

notwithstanding any subsequent correction by the Contractor, the Contractor shall be liable for any cost arising

from such action, including but not limited to, the cost of repair, remediation of any fines, or mitigation fees

assessed against the Department by another government entity. 60606060606060606060

Specifications for this work will be included elsewhere in the Contract.

107.24Closing of Roadways without On-Site Detours

When existing roadways are to be closed to through traffic and on-site detours are not provided, the Contractor shall

submit a written notice to the Engineer for approval 14 days prior to the closure of the existing roadways.

After receiving approval from the Engineer for the closure, the Contractor shall install signs at each closure site, in

accordance with the MUTCD, to inform the traveling public of the proposed closure, including the date of closure. The

sign shall be placed 5 days prior to the closure, at the direction of the Engineer.

Prior to the closure, the Area Engineer will inform local government officials and agencies, local news media, and the

DOT Public Information Office of the proposed closure of the roadways.

107.25Disruption to Residential and Commercial Property

The Contractor shall plan, coordinate, and prosecute the work such that disruption to personal property and business

is held to a practical minimum.

All construction areas abutting lawns and yards of residential or commercial property shall be restored promptly.

Backfilling of each drainage structure or section of curb and gutter, sidewalk, or driveway shall be accomplished as

soon as adequate strength is obtained. Finishing, dressing and grassing shall be accomplished immediately thereafter

as a continuous operation within each area being constructed with emphasis placed on completing each individual

yard or business frontage. Care shall be taken to provide positive drainage to avoid ponding or concentration of runoff.

Handwork, including raking and smoothing, shall be required to ensure that roots, sticks, rocks, and other debris is

removed in order to provide a neat and pleasing appearance. Grassing, when in season, shall immediately follow in

order to establish permanent cover at the earliest date. If grassing is not in season, proper erosion control shall be

installed and maintained.

The work described herein shall be in addition to that required by Subsection 104.07 Final Cleaning Up and

Subsection 105.16 Final Inspection and Acceptance.. 61 61 61 61 61 61 61 61 61 61