for Highway Construction Page 66 of 715 SECTION 107 – LEGAL RELATIONS AND RESPONS IBILITY TO THE PUBLIC
107.01 Laws to be Observed .
Comply with all applicable local, state, and federal laws, ordinances, regulations, orders, and decrees. Protect and indemnify the Department, its agents, officials, employees, and the public owner (known as local public agency and local sponsor) against claims or liability that arise from, or are based on the violation of laws, ordinances, regulations, orders, or decrees, by the Contractor, the Contractor’s empl oyees, or subcontractors.
A.Federal -Aid Contracts. On federal -aid contracts, each Contractor and/or subcontractor will submit a certified copy of each weekly payroll. Include a statement, verifying fringe benefits payment, to the employee or to an authorized agent.
B.Non-Federal -Aid Contracts. The Contractor and the subcontractors must comply with Idaho Code, §§44- 1001 through 44- 1005 , which requires that ninety -five percent (95%) of employees working on the project be bona fide Idaho residents, except for projects with fewer than 50 employees. For projects with fewer than fifty (50) employees, up to ten percent (10%) may be nonresidents, provided the Contractor and the subcontractors give employment preference to Idaho residents. After award, the Department will require monthly certification with said laws. Along with the certification, the Department may request certified payroll or other information to verify compliance. The Contractor and the subcontractors must provide such information within five (5) business days. If noncompliance is determined or if the Contractor or the subcontractor does not provide the requested information to verify compliance, this will be considered a breach of contract and may lead to contract revocation and other remedies by contract and law. Failure to comply with the aforementioned Idaho laws may expose the Contractor to fines and/or imprisonment.
107.02 Permits and Licenses .
The Contractor is responsible for the following that are necessary to perform the work:
1.Obtaining and complying with permits and licenses .
2.Paying charges, fees, and taxes.
3.Providi ng the necessary notices. The Department will not issue contract time extensions for delays resulting from the Contractor’s failure to obtain permits in a prompt manner. The Contractor agrees to the following:
1.Promptly pay taxes, except on real property, excises, and license fees due to the state of Idaho, its subdivisions, and municipal and quasi -municipal corporations, accrued during the contract, even if they are payable at the end of the contract term.
2.Secure to the Engineer’s satisfaction, the taxes, excises, and license fees with officers of the taxing unit if they accrue and create a liabil ity constituting a lien on the Contractor’s property during the contract term, but are not payable at the end of the contract term. for Highway Construction Page 67 of 715 3. Allow the Department, officer, board, or taxing unit, to withhold, from contract payments due, the estimated amounts of accrued taxes, excises, and license fees if the Contractor defaults on the payment or security of taxes, excises, and license fees.
107.03 Licensing of Contractors .
The Contractor and its subcontractors must possess the appropriate public works contractor license in accordance with 54- 19, Idaho Code, as amended. The Contractor and its subcont ractors required to be listed i n the bid proposal, must possess the license as specified as follows:
1.For contracts involving federal -aid funding, at the time the Department executes the contract .
2.For contracts without federal -aid funding, by the bi d opening date and time. Public works contractor licensing does not apply to professional service providers. The Department requires professional service providers to have appropriate professional l icenses or certifications in the state for the work performed.
107.04 Patented Devices, Materials, and Processes.
If the Contractor uses a design, device, material, or process covered by letters of patent or copyright, the Contractor wi ll submit proof of the legal agreement with the patentee or owner. The Contractor and the surety will protect and indemnify the Department, its agents, officials, employees, and the public owner from the following:
1.Infring ement claims for the Contractor ’s use of a patented design, device, material, process, trademark, or copyright.
2.Costs, expenses, and damages, resulting from infringement claims, during or after work completion.
107.05 Restoring Surfaces Opened by Permit .
Allow individu als, firms, or corporations with authorized permits by the Department to enter the project site and perform the permitted work. If directed in writing, repair the work damaged by the permit holder’s actions to the original standard. The Department will pay for the repair work according to 104.02.
107.06 Traffic Control Devices.
Establish traffic control devices in accordance with the MUTCD adopted by the Board. Obtain the Engine er’s approval before placing or removing traffic control devices.
107.07 Use of Explosives.
If the use of explosives is necessary for work performance, exercise the utmost c are not to endanger life or property. Do not use explosives, in Department -controlled sources , without prior written approval. Transport, use, and store explosives in compliance with applicable federal, state, and local laws, regulations, and ordinances. Notify each public utility company having structures in proximity to the project site. Provide notice sufficiently in advance to enable the public ut ility companies to protect their property from damage. for Highway Construction Page 68 of 715 Submit blasting plan submittals as specified in 205. Perform blasting operations as specified in 205 and in a safe and pr ofessional manner.
107.08 Preservation, Protection, and Restoration of Property and Landscape .
Preserve and protect public and private property . The Contractor is responsible for damage or injury to property due to acts, omissions, negl ect, or misconduct during work performance, or due to defective work or materials. The Department will release the Contractor from this continuing responsibility for damage or injury to property when the work is deemed completed as specified in 105.15. If the Contractor damages public or private property due to acts, omissions, or neglect in performing the work, the Contractor will restore the property to its original condition by repairing, rebuilding, or restoring as directed, at no additional cost to the Department. The Contractor will repair, rebuild, or restore damaged property in a manner to minimize loss and inconvenience to the property owner . Protect and indemnify the Department, its agents, officials, employees, and the public owner from claims from property owner s for property damage or injury caused by the Contractor’s operations. For every survey monument disturbed or destroyed by the Contractor, or as a result of project work, that either lies outside the work zone or that was marked by the PLS to be retained and protected, the Contractor will forfeit the sum of $1,000. 00.
107.09 Forest Protection.
If performing work within or adjacent to state or national forests, comply with the regulations of the authority governing the protection and performance of work within forests. Prevent and suppress forest wildfires, and help forest officials in preventing and suppressing forest wildfires. Immediately notify forest officials of the location and extent of a wildfire. Comply with directives from forest officials or the Engineer in forest wildfire prevention or suppression.
107.10 Responsibility for Injury Damage .
Protect and indemnify the Department, its agents, officials, employees, and the public owner from the expenses of claims by third parties for money damages, including costs and attorney fees caused in whole or part by the foll owing:
1.Operations of the Contractor or its subcontractors.
2.Neglect in safeguarding the work.
3.Use of unacceptable materials in constructing the work.
4.Acts, omissions, or n eglect by the Contractor or its subcontractors.
5.Infringements of patent , trademark, or copyright.
6.Violations of the Workers’ Compensation Act or other law, ordinance, order, or decree. The Contractor’s duty includes claims caused in whole or part by the Contractor, its subcontractors, anyone directly or indirectly employed by the Contractor or its subcontractors, or an entity or person whose actions the Contractor or its subcontractors may be liable for, regardless of whether the claim is caused in part by a party indemnified as specified in this section. for Highway Construction Page 69 of 715 The Contractor wil l carry public liability and property damage insurance that will protect the Contractor, the Department, its agents, officials, employees, and the public owner from claims for bodily injury, incl uding accidental death, and claims for property damages from operations under the contract whether by the Contractor, its subcontractors, anyone directly or indirectly employed by the Contractor or its subcontractors, or an entity or person whose actions the Contractor or its subcontractors may be liable. Submit a certificate or other proof of insurance to itdplanroom@itd.idaho.gov and do not start work before obtaining approval of the insurance coverage by the Department. Maintain the required insurance coverage until the Engineer deems the work completed as specified in 105.15. The Contractor will be responsible for third party injury or damage until the Engineer deems the work completed as specified in 105.15. Submit damage claims to the Contractor’s insurer and, if requested by the Engineer, submit proof of damage claim submissions within 15 calendar days. Ensure the certificates state that cancellations or changes of the required policies and coverage are not effective without 30 calendar days prior written notice to the Department and affected railroads, if any.
A.Comprehensive or Commercial General Liability Insurance . For comprehensive or commercial general liabi lity insurance, provide at least a combined single limit of $2,000,000 for each occurrence. Ensure the policy includes coverage for the following:
1.Bodily injury.
2.Broad form property damage, including completed operations.
3.Personal injury, including employee acts.
4.Blanket contractual.
5.Contractor’s protective.
6.Products.
7.Completed operations. Ensure the policy also includes coverage for the hazards commonly referred to as XCU (explosion, collapse, and underground). If a subcontractor is performing XCU operations, the subcontractor may provide this protection, naming the Department and the Contractor as additional insureds. For comprehensive or commercial general liability insurance policy containing an aggregate limit, ensure a lim it of at least $4,000,000 on a per project basis. The above limits may be met by policies having limits such as $1,000,000 per occurrence, $2,000,000 aggregate plus an excess liability or umbrella policy of $2,000,000. I f an umbrella policy is used, it must follow the underlying coverage form. Ensure the comprehensive or commercial general liability insurance is endorsed to include the Department, its agents, officials, employees, and the public owner as additional insureds. Ensure the general liability insurance also stipulates the Contractor’s insurance coverage is primary insurance and insurance carried by the Department or public owner will not be applicable to a claim and will not be contributory insurance to that purchased by the Contractor for the benefit of the named insureds. The insurance will provide coverage for the named insureds for the Contractor’s defense and indemnification duties under 107.10. Ensure the insurance contains a separation of insureds provision. The insurance provided will be first dollar coverage to the named insureds regardless of previous occurrence or aggregate deduct ible under the policy. for Highway Construction Page 70 of 715 B. Comprehensive Automobile Liability Insurance . For comprehensive automobile liability insurance, covering the owned, hired, or other vehicles used in the performance of the work, provide a combined single limit policy for bodily injury and property damage of at least $2,000,000 each occurrence.
C.Workers Compensation Insurance . Carry at least $500,000 in workers’ compensation insurance and comply with Title 72, Idaho Code to cover the Contractor’s and its subcontractor’s workforce.
D.Proof of Insurance Provide a certificate of insurance showing the required limits for the following:
1.Comprehensive or Commercial General Liability (aggregate on a per project basis)
a.XCU
2.Comprehensive Automobile Liability
3.Workers Compensation The certificate of insurance must either reference the project specifically, or reference all ITD projects that the Contractor is insured under (blanket coverage) in the “Description” section of the certificate. Suggested wording for blanket coverage: “The Idaho Transportat ion Depar tment is an additional insured for all projects under contract with XXX “Contractor Business Name” during this policy period. General liability aggregate is covered on a per project basis.”
E.Insurance for Railroad For all projects with work on railroad company property, railroad insurance is required. P rotect and hold harmless the railroad company and any a uthorized user (any entity that has rights by permi t, agreement, or contract to use railroad company property including its tracks) against all loss, liability , and damage arising from the Contractor activities on railroad company property. Before commencin g work on railroad company property and without expense to the railroad company, furnish the following insurance to the railroad company and include coverage for Authorized Users: Railroad Protective Liability Insurance naming the railroad company as insured with a combined single limit of $2,000,000 per occurrence with a $6,000,000 aggregate for bodily injury and property damage . The policy form will be AAR- AASHTO with broad form coverage for "Physical Damage to Property " (ISO Form GL 00
30.or as revised ISO -RIMA (Form CG 00 35) and include pollution arising out of fuels and lubricants brought to the project site (ISO Form CG 31 or equivale nt). T his insurance might be available for purchase through the railroad company Provide certificates of insurance to the railroad company and the Department . Maintain this insurance in full force when wor king on railroad company property. Insurance must be acceptable to the railroad company , written by an insurance company authorized to transact business in Idaho with a current Best’s Insurance Guide Rating of B and Class VII or better. Include t he cost of providing railroad protecti ve liability insurance in the cost of m obilization. for Highway Construction Page 71 of 715 107.11 Contractor’s Responsibility for Work.
A.General. Provide and be responsible for the work and material, including change order work, until the Engineer deems the work completed as specified in 105.15. Rebuild, repair, and restore damage to permanent or temporary work occurring before the Engineer deems the work completed as specified in 105.15 at no additional cost to the Department, except for damages due to the following causes:
1.Acts of God; a cataclysmic natural phenomenon (e.g., tornadoes, earthquakes, floods, and officially declared natural disasters).
2.Acts of the public enemy or governmental authority. These ex ceptions do not apply to damag es resulting from the Contractor’s failure to take reasonable precautions, or to exercise sound engineering and construction practices in performing the work. If damage by others delays the work, the Engineer will evaluate a c ontract time extension as specified in 108.07.
B.Relief of Responsibility for Completed Work. The Department may relieve the Contractor of the duty of maintaining and protecting portions of the work the Engineer has deemed completed as specified in 105.15. This relief applies to damages caused by public traffic, the elements, or other causes, but not from damage caused by the Contractor’s operations or negligence.
C.Relief of Responsibility for Dama ge by Public Traffic. When it is necessary for public traffic to use a highway facility during construction, the Department will relieve the Contractor of its responsibility for damages to the permanent work caused by public traffic under the following con ditions:
1.The work is as specified in the plans or approved construction plan stage or phase.
2.The contract requires the Contractor to open the roadway section to the traveling public.
3.The Contractor implements traffic controls in accordance with the approved traffic control plans. The Contractor will resume responsibility for the work when public traffic is relocated to another roadway section.
D.Repair of Damage. Immediately repair damage to temporary or permanent work as directed. For damage to permanent work qualifying for relief under this section , the Department may direct the Contractor to perform the repair work as specified in 104.02 or direct others, including the Department’s workforce, to perform the repair work. The Department will pay the Contractor for repair of damaged permanent work only. The Department will not pay for delay or disruption caused by damage to, or repairs of, the temporary or permanent work, including extended home office overhead, idle equipment, or inefficiency. for Highway Construction Page 72 of 715 107.12 Contractor’s Responsibility for Utility Facilities and Property . Prevent damage to utility facilities and property supporting utility facilities. Do not begin work adjacent to uti lity facilities if damage, loss, or inconvenience may result to the utility facilit y until arrangements necessary for damage prevention have been made. Contact a representative from each utility company with facilities on the project site to locate undergr ound facilities the work may affect. Allow and accommodate utility companies and th eir representatives to enter the project site to make emergency connections or repairs to utility facilities . Promptly notify the utility company representatives of service interruptions resulting from the Contrac tor’s operations that cause the following:
1.Accidental breakage.
2.Facility exposure.
3.Unsupported facilities.
4.Other damages or disruption. Cooperate with the utilit y company to restore interrupted utility service. If construction operations interr upt utility service, the Contractor and the utility company will perform continuous repair work to restore the utility service. Do not perform work around fire hydrants unti l the local fire authority approves of temporary means to maintain continued servic e. If constructing or reconstructing structures during the irrigation season, provide temporary ditches, siphons , or other structures for conveying water without waste, loss, or delay. Temporary water conveyance costs are included in the contract unit prices for the respective contract pay items .
107.13 Personal Liability of Public Officia ls.
The Board members, administrator, and authorized Department representatives or public owner, personally, or in their official capacity, will have no personal liability in executing the provisions of this contract or exercising the power or authority granted them. The Board members, administrator, and authorized Department representatives or public owner act solely as agents and representatives of the state of Idaho or public owner.
107.14 No Waiver of Legal Rights .
The Department is not precluded or estopped by measurem ents, estimates, final pay quantities , or certificates, made before or after the completion and acceptance of the work and payment , from establishing the following:
1.The true amount and character of w ork performed and materials provided by the Contractor.
2.The measurements, estimates, final pay quantities , or certificates are untrue or incorrect.
3.The work or materials do not conform to the contract . The Department is not precluded or estopped, despite measurements, estimates, final pay quantities , or certificates and payments, from recovering from the Contractor and its surety, damages the Department may sustain due to the Contractor’s failure to comply with the terms of the contract or an incorrect measurement for Highway Construction Page 73 of 715 of a contract pay item. Damages will include overpayment the Department made due to an incorrect contract pay item measurement or calculation. The Department does not waive its rights under this section, if there is:
1.Acceptance by the Department.
2.Payment for or acceptance of the who le or part of the work.
3.Time extensions.
4.Possession taken by the Department. A breach of contract waiver will not occur.
107.15 Access to Records.
The Contractor and its subcontractors will keep the necessary books, documents, papers, accounting records, and other evidence pertaining to incurred costs. The Contractor and its subcontractors will make these records available to authorized agents of the state of Idaho or federal government for inspection and copying at the Contractor’s or its subcontractor’s offices during normal business hours for the following time periods:
1.The contract time.
2.Five (5) years after the date on which the Depar tment makes final payment to the Contractor. Failure of the Contractor or its subcontractors to maintain the required records and provide access to these records may result in a waiver of a claim the Contractor may have for additional pay or for breach of contract by the Department.
107.16 Sanitar y, Health, and Safety Provisions .
Federal, state, and local laws, rules, and regulations related to construction safety and health standards are essential terms of the contract . The Contractor will conduct its work in a safe and prudent manner at all times. The Department prohibits the Contractor from allowing or requiring workers to work in conditions that are unsanitary, hazardous, or dangerous to their health or safety. Provide reasonable restroom facilities for personnel and adequate work time to use those facilities, including provision of portable facilities for moving operations.
107.17 Environmental and Cultural Resource Protection .
A.Noncompliance. Comply with federal, state, and local environmental and cultural resource laws, regulations, and ordinances. Comply with the project permits. Notify the Engineer immediately of:
1.Work that is out of compliance with regulations or permits. Immediately stop non-compliant activities and take corrective action to bring the work into compliance.
2.Discharges of pollutants, discharges exceeding water quality standards, disc harges which may endanger health or the environment, or an upset (exceptional incident because of factors beyond the reasonable control of the permittee as defined in 40 CFR 122.41). Perform actions to correct the discharge as soon as possible. for Highway Construction Page 74 of 715 3. A notice of inspection or noncompliance from a state or federal resource agency. Cooperate with inspectors. If a regulatory agency identifies a failure to comply with the permits and modifications thereto, or other federal, state, or local requirem ents, the Contractor is responsible for:
1.Penalties, including monetary fines and damages, proposed or assessed to the Department for the Contractor’s failure to comply with environmental regulations or permits.
2.Costs to mitigate or remediate violations or environmental damage or for the Department to resolve enforcement actions, including payments made or costs incurred in settlement for alleged violations of applicable laws, regula tions, or requirements. The Department may withhold money due to the Contrac tor subject to the following: The Department will withhold money due to the Contractor, in an amount estimated by the Department, to include up to the full amount of penalties and mitigation costs proposed, assessed, or levied as a result of the Contractor 's violation of the permits, or federal or state law, regulations, or requirements. Funds will be withheld by the Department until final disposition of these costs has been made. T he Contractor will remain liable for the full amount until the potential liability is finally resolved with the entity seeking the penalties. Instead of the withhold, the Contractor may provide a suitable bond in favor of the Department to cover the highest estimated liability for any disputed penalties proposed as a result of the Contractor's violation of the permits, law, regulations, or requirements. The Department will give the Contractor 30 calendar days ’ notice of the Department's intention to withhold funds from payments which may become due to the Contractor before acceptance of the contract . Funds withheld after acceptance of the contract will be made without prior notice to the Contractor. No withholds of additional amounts out of payments will be made if the amount to be withheld does not exceed the amount being withheld from partial payments as specified in 109.05. If the Department has withheld funds and it is subsequently determined that it is not subject to the entire amount of the costs and liabilities assessed or proposed in connection with the matter for which the withhold was made, the Department will return the excess amount withheld to the Contractor in the progress payment following the determination. If the matter is resolved for less than the amount withheld, the Department will pay interest at a rate of 6 percent per year on the excess withhold. If the work results in non- compliance of a permit or regulator y requirement, the work may be suspended and the permitting agency notified, if required. The Contractor will not receive additional compensation, or time extensions, for any disruption of work or loss of time caused by any actions brought against the Contractor for failure to comply with good engineering, hydrologic, and pollution control practices.
B.Contractor Support Areas. Contract or support activities (e.g., material s ources , waste, stockpile or staging ar eas, access or haul roads) will not:
1.Encroach on regulated wetlands as defined by the USACE.
2.Affect listed threatened or endangered species or critical habitat. for Highway Construction Page 75 of 715 3. Adversely affe ct historic properties. Support areas must receive environmental clearances. Com mercial materials sources available and open to the public at the time of the project’s bid opening are not considered a project -related action, and do not require Department environmental approvals. If the support area is on public lands, additional coordination will be needed with the land management agency. Allow at least 30 business days to obtain clearance for Contractor Support Areas, provided no cult ural sites are located. If sites are found, clearance may be delayed or disallowe d. The Contractor will be responsible for the expenses involved in obtaining any clearance not provided by the Department. Any delay created by the clearance and resource agency concurrence will not relieve the Contractor from any contract obligations.
C.Permits. If a permit (s) has been obtained by the Department, the permit(s) and the permit application(s) is referenced in the contract bid package. Perform work in accordance with the description of work, w ork area, methods, sequencing, work windows, conditions, and mitigations contained within the permit application and permit.
D.Contract Revisions – Contractor Requested . In compliance with 104.02 and 104.03, if the Contractor requests to add, delete, or modify work activities, work areas, methods, sequencing, or work windows may require a new or modified permit or approval (e.g., Section 404 Clean Water Act, Endangered Species Act, National Historic Preservation Act Section 106, NEPA). Exception: A project without federal funds, a federal permit, or federal approval does not require approval under National Historic Preservation Act Section 106. Projects on federal lands require coordination with the appropriate federal lands management agency (e.g., BLM, Forest Service). Submit a detailed description of new or modified work, along with the required environmental documentation. The Department will tra nsmit documents to the approving agencies. Obtain the Engineer’s written approval before beginning any work not included in the original contract . The Department will not pay or grant contract time extensions for delays due to Contractor -requested contract revisions .
E.Endangered Species Act (ESA). If the work affects listed species or designated critical habitat (i.e., under the Endangered Species Act), a biological assessment (BA) or programmatic biological assessment (PBA) is referenced in the cont ract bid package. Projects with an adverse effect will also include a biological opinion (BO) prepared by the USFWS or NMFS. Unles s otherwise approved, perform work in accordance with the description of work, work area, methods, sequencing , work windows, conditions and mitigations contained within the BA or PBA and BO. Notify the Department of any issues identified as specified in 10 2.03. Refer conflict or ambiguity with the contract documents to the Engineer.
F.Birds.
1.Migratory Bird Treaty Act (MBTA). The Migratory Bird Treaty Act protects migratory and non- game birds, their occupied nests, and their eggs. Work that may impact migratory birds includes removal of vegetation or bridge struct ures and rock (cliff) excavation or blasting. See the contractor’s note for the approximate nesting and breeding window for species that may be anticipated. for Highway Construction Page 76 of 715 Notify the Engineer of a discovery of nesting birds. An active nest is defined as one with eggs or a bird living in it. If active migratory bird nests are discovered on a project site, immediately stop work within 50 feet of the nest(s) or bird(s) and notify the Engineer. If a nest has been abandoned or there are no eggs present, it can be removed and destroyed as needed. An active nest must be protected from harm. If an active nest becomes established (i.e., there are eggs or young in the nest), stop any work with potential to disturb the nesting bi rd until the young have fledged and the nest is unoccupied Work with the Engineer as needed to develop a plan to avoid impacts to birds, nestlings, or eggs. When directed, use exclusion devices, nesting prevention measures or remove and dispose of partiall y constructed and unoccupied nests of migratory or non- game birds regularly to prevent their occupation. Nest removal activities must not result in depositing into or allowing materials to enter waters of Idaho. Unless otherwise provided, directed work will be paid as extra work as specified in 104. Adjustments may be made for delays the Engineer determines are not due to the Contractor's failure to perform the provision of the contract .
2.Bald and Golden Eagle Protectio n Act (BGEP A). If an active or inactive eagle nest is visible from the project site, immediately stop work and notify the Engineer of the discovery. Work with the Engineer as needed to develop a plan to avoid impacts to eagles. Unless otherwise provided, directed work will be paid as extra work as specified in 104. Adjustments may be made for delays the Engineer determines are not due to the Contractor's failure to perform the provision of the contract .
G.Bats. Bats are a protected non- game species in Idaho ( IDAPA 13.01.06 ). Work that may impact bats includes removal of living or dead woody vegetation, work on bridges or other structures , and rock (cliff, cave, or rocky outcrop) excavation or blasting. Notify the Engineer of a discovery of bats. If active bat roosts are discovered on a project site, immediately stop work within 50 feet of the roost(s) or bat(s) and notify the Engineer. Work with the Engineer as needed to develop a plan to avoid impacts to bats. Unless otherwise provided, directed work will be paid as extra work as specified in 104. Adjustments may be made for delays the Engineer determines are not due to the Contractor's failure to perform the provision of the contract .
H.Haza rdous Material. Conditions (e.g., the presence of barrels, buried or above ground storage tanks, contamination indications, odors, excessively hot earth, stained and discolored soils, smoke, unidentifiable powders, sludges, pellets, debris ) can be possible hazardous material indicators. If an abnormal condition is encountered or exposed that indicates the presence of a hazardous material, immediately suspend work in the area, treat the conditions with extreme caution, and notify the Engineer. Do not attempt to excavate, open, or remove without approval. Notify the Engineer immediately after the discovery of either:
1.A petroleum -based spill that meets the reportable release definition as defined in IDAPA
58.01.02 851. This includes spills greater than 25 gallons or any spill that results in a sheen on a
waterbody surface. for Highway Construction Page 77 of 715 2. A hazardous waste spill that meets the disclosure definition as defined in IDAPA 58.01.05 and
58.01.02 850.
Notify StateComm at 1 -800-632-8000. In the event of a petrole um or hazardous waste spill, implement measures, if safe to do so, to minimize contaminant spread using spill kits or other appropriate methods. Capture and dispose of the spilled materials under the Engineer’s direction in accordance with DEQ and EPA requirements. Document the spill and response action, and submit a copy to the Engineer. If load -bearing structures (e.g., bridges, culverts) will be modified or altered NESHAP compliance is required as required in 203.03. Work occurring on existing structures that have been previously painted may contain RCRA metals (e.g., lead) and a test may be needed to verify the absence or presence. If presence of RCRA metals has not been previously determined and discl osed in the contract , the Contractor is responsible for testing previously painted structure components. Work related to the encounter of unidentified hazardous materials will be considered differing site conditions or extra work and managed as specified in 104.
I.Inadvertent Discovery of Cultural Resources Including Human Remains. Items that could potentially be cultural resources or human remains are to be treated as if they are cultural resources and/or human remains until a clear determination is made by the Department’s State Highway Archaeologist (SHA). The Contractor will notify the Engineer that potential resources have been identified during the work. The Engineer will then immediately notify the SHA of any cultural resources and/or human remains or items that could potentially be cultural resources and/or human remains. In the event cultural resources or human remains are discovered within the project site, the Contractor as directed by the Engineer will implement the appropriate protocol outlined below:
1.Cultural Resources.
a.In the event that cultural resource s are discovered within the project site, at locations associated with the project, or planned for use on the project; all work within 50 feet in all directions will stop and the area will be cleared of all unnecessary personnel. The Contractor as directed by the Engineer will secure the area.
b.The Contractor will immediately notify the Engineer. The Engineer will notify the SHA.
c.The SHA will notify the SHPO, the appropriate THPO, and/or Native America n Tribes.
2.Human Remains.
a.In the event that human remains (with or without associated cultural resources) are discovered within the project site, at locations associated with the work, or at locations planned for use; work within 150 feet of the human remains will stop and the area will be cleared of all personnel other than one or two Contractor employees or Department staff who will stay with the human remains until the SHA is notified. The Contractor or the Department staff will secure the area and immed iately notify the Engineer, who will then contact the Department’s SHA, and if necessary, the SHA will contact the appropriate law enforcement personnel. for Highway Construction Page 78 of 715 b. The SHA will notify the SHPO and Native American Tribes, if any.
c.Photography of human remains is not allowed. This applies to cameras, cell phones, or any other devices having photo capabilities.
d.The human remains will be completely covered with a tarp or plain piece of cloth (e.g., rug, towel, blanket). New ground disturbance sh ould not occur within 100 feet.
e.The human remains will not be touched, moved, or in any way caused to change position from that noted upon discovery.
f.All information related to the discovery will be held in strictest confidence.
g.All information related to the discovery known to the Contractor or staff will be provided to the SHA, and/or law enforcement.
3.Confidentiality. In either case (i.e., discovery of cultural resources or human remains), the Contractor or the Department staff will keep this informatio n strictly confidential. If information is shared with the Contractor or its subcontractor, that person will be fully informed about the confidentiality requirements and will agree to keep the information confidential. The SHA wil l consult with appropriate parties to determine an appropriate course of action.
4.Proceeding with Construction. After an inadvertent discovery, some areas may be specified for close monitoring or ‘no work zones’. Any such areas will be ident ified by the SHA, and locations made available to the Contractor and the Engineer. Additional cultural resources investigations may be required. Payment and contract time extension due to the inadvertent discovery and required cultural resource clearance not previously identified in the contract is specified in 104.02 and 108.07.
J.Stormwater Pollution Prevention. Each project wil l require one of the following:
1.A SWPPP ITD-2950 form as required by a CGP . A SWPPP is required when ground disturb ance equals or exceeds 1 or more acres and discharges to waters of the U.S.
2.PPP ITD-2788 form when required by the Department. Both plans are documents that address BMPs (e.g., erosion and sediment control , good housekeeping practices, inspection procedures, spill prevention, response, clean- up). Meet appl icable requirements of 212. The plan sheets (project clearance summary) identifies if a PPP or a CGP is anticipated based on estimates of ground disturbance and/or discharges to waters of the U.S. for Highway Construction Page 79 of 715 Table 107.17.J.1 – PPP or CGP SWPPP Requirements PPP CGP SWPPP If the addition of construction support activities causes the project ground disturbance area to meet the requirements for a CGP, follow CGP requir ements. — The Contractor will prepare the entire PPP using the ITD-2788 form as a template provided by the Engineer. Revise the draft SWPPP developed by the Department, consisting of plans sheets and a template narrative (using the ITD - 2950 form), included with the bid package. Conduct inspections by a person who is knowledgeable in erosion and sediment control and pollution prevention practices. This includes professional accreditat ion (e.g., the Department’s Water Pollution Control Manager (WPCM) tr aining, Certified Professional in Erosion Control (CPESC), Certified Erosion, Sediment, and Stormwater Inspector (CESSWI)), or other applicable site management or project management exper ience, which can be documented and provided to the Engineer. Conduct inspections by a certified WPCM. Training requirements are posted on the Department’s Environmental website under Stormwater Inspector Requirements. Document the inspections using the I TD-2786 form available online. Conduct inspections every 7 calendar days unless otherwise approved by the Engineer. Document the inspections using the ITD - 2802 form available online. Submit the plan and plan revisions for approval. The Engineer may also require submittal of an electronic, edita ble version of the plan. Allow 15 calendar days for review, unless otherwise specified. Revise to address comments and resubmit. Adjustments in cost or time are not allowed for SWPPP approval. Once approved, all operators will sign the plan. Obtain approval before commencing pollutant -generating activities. Provide the PPP upon request. Construction activities, construction support activities, or other pollutant -generating activities not covered under another discharge permit are not allowed beyond the project site without being included in the approved PPP or SWPPP.
K.CGP Requirements . Project s located within tribal lands are regulated by the Environmental Protection Agency (EPA) and projects located on all other lands are regulated by the Idaho Department of Environmental Quality (IDEQ). For projects that requir e coverag e under the national pollutant discharge elimination system (NPDES) or Idaho Pollutant Discharge Elimination System (IPDES) General Permit for Discharges from Construction Activities (CGP), comply with the permit and the following Department requirements:
1.Designate a qualified WPCM to manage project site pollution prevention and CGP requirements. Ensure the WPCM meets the training qualification requirements posted on the Departm ent’s website. Submit the WPCM’s contact information and training qualifications before the preconstruction meeting. Once approved, insert the qualification information into the SWPPP. for Highway Construction Page 80 of 715 2. Revise the draft SWPPP template provided by the Department to include C ontractor designated construction support activities, work areas, work methods, and phasing. Submit the revised SWPPP for review and approval before the preconstruction meeting.
3.Coordinate electronic NOI filing with the Engineer. Verify SWPPP cer tification requi rements are met. IDEQ NOI filing requires application and annual fees. Fees are due upon submittal of the NOI. IDEQ CGP Fees are listed in IDAPA 58.01.25.110
4.Do not begin construction activit ies until the EPA has acknowledged receipt of required NOIs on the EPA’s website and the 14 calendar day waiting period is over. Do not begin construction activities until the IDEQ has approved the required NOIs on the IDEQ’s website. If the review period exceeds 14 days, it is considered an excusable/ compensable delay per 108.07.D.
5.Post the IPDES /NPDESID (permit tracking number associated with the project NOI) in addition to the other requirements of the CGP.
6.Inspect the proj ect site and associated support areas per the CGP requirements. Use the current version of the ITD -2802 form. Sign the inspection report and insert it into the SWPPP within 24 hours of completion of any inspection. Submit a copy to t he Engineer upon request. Joint inspections with the Department’s inspector may be allowed at the discretion of the Engineer.
7.Field Controls. Ensure ins tallation, operation, and maintenance of effective erosion and sediment control measures and pollution prevention measures per the CGP requirements. Ensure completion and documentation of corrective actions. Remove temp orary erosion and sediment control measures and pollution prevention measures after project completion, unless otherwise approved.
8.Recordkeeping. In accordance with the CGP, amend the SWPPP to conform to the Contractor’s current sequencing and operation throughout the work. Submit proposed modifications for approval. Obtain necessary signatures and certifications from operators for required SWPPP modifications and corrective actions. Maintain SWPPP r ecords. Retain completed copies of required documentation and recordkeeping in the SWPPP and at the proj ect site or at an Engineer -approved offsite location.
L.Notice of Termination (NOT). When conditions for terminating the CGP coverage have been met, r equest the Engineer’s written approval to file a NOT using the ITD -2961 form. Do not submit a NOT without the Engineer’s written approval. Provide the most current version of the SWPPP, at the time of work completion, to the Engineer.
M.Turbidity Monitori ng. Turbidity monitoring may be required for projects with USACE, USFWS or NMFS permits and may include a project -specific Water Quality Certification from DEQ . Specific monitoring requirements are included within each agencies’ perm it conditions and are included in the contract .
N.Turbidity Monitoring for Contracts with CGP Coverage (if plume is visible).
1.Turbidity Monitoring. Turbidity monitoring is required for projects with CGP coverage that di rectly discharge pollutants from an unstabilized portion of the project site causing a visible plume int o the waters of the U.S. for Highway Construction Page 81 of 715 a. If a visible plume is observed, collect and record turbidity readings from within the plume and compare the results to background measurements (upstream of plume, 50 NTU over background) unless otherwise directed in project spec ific requirements.
b.If turbidity is less than 50 NTU (instantaneously) over the background turbidity, continue monitoring as long as the plume is visible. If over 50 NTU, then immediately stop earth -disturbing work.
c.Take immediate action to address the cause of the exceedance in accordance with the CGP.
d.Increase actions to address the cause of the exceedance and monitor frequency until state water standards are met.
e.Work may continue once turbidity readings return to within 50 NTUs (instantaneous ly) of background levels and 25 NTU for more than 10 consecutive calendar days over the background turbidity.
f.Provide a verbal report to the Engineer within 24 hours of any exceedance of the Idaho State Water Quality Standards, followed by a written report within 5 calendar days using the ITD -2790 form.
2.Turbidity Logbook and Diary.
a.Maintain a legible, organized logbook and construction diary at the project site and make it available for inspection with the SWPPP.
b.Logbook entries must include the following information:
1.Date.
2.Time.
3.Sample location.
4.Turbidity result (NTUs).
5.Cloud cover (i.e., cloudy, partly cloudy, or clear), wind direction and speed, precipitation (inches) in last 24 hours, and ambient air temperature (°F) at the time of sample collection.
6.Visual observations of any discharge in accordance with the CGP.
7.If applicable, corrective actions taken and their observed effectiveness.
8.Printed name and signature of the sample collector.
c.Include photographic documentation of any visible variation in water quality. Include a map or sketch, including GPS coordinates, of each sample location.
d.Submit routine monitoring data to the Engineer or to regulatory agencies upon request.
e.Include documentation in the SWPPP that any personnel collecting samples and testing water quality are qualified to perform this task.
O.Basis of Payment . PPP or SWPPP development, revisions, modifications, and inspections are incidental and included in the contract pay items, unless otherwise specified. for Highway Construction Page 82 of 715 107.18 Reserved .
107.19 Survey Monument Preservation.
Retain an Idaho licensed professional land surveyor (PLS) to:
1.Locate, verify, and tie the position of the known survey monuments documented in the plans, if any, for each assigned project.
2.Perform historical research and field search for other survey monuments within the project site that are not documented in the plans. For any additional monuments found, locate, tie, reference, and report them to the Engi neer and the Contractor.
3.Provide written confirmation to the Engineer and the Contractor that the work under 107.19.1 and
107.19.2 have been completed before allowing the Contactor to occupy the project site.
4.Furnish the necessary materials, equipment, and labor to:
a.Adjust existing monuments.
b.Replace substandard monuments.
c.Install new vaults or adjust existing vaults around the monuments within the paved surfaces to the grade established or as directed.
d.Reestablish monuments disturbed by the work.
5.Record positions of all survey monuments found within the work area (e.g., the median, roadway, shoulders , roadway slopes) and, for contracts with work planned at the right of way, along the right of way fences. Copies of plans showing original right of way monument positions can be obtained from the Department.
6.Material acceptance will be by visual inspection . Materials required for the installations and adjustment of vaults wi ll be as specified in 618.02 and as in: Portland Cement ........................................................................................................................... 701 Aggregates ................................................................................................................................... 703 Metals ........................................................................................................................................... 708 Concrete Curing Compounds and Admixtures ............................................................................. 709
7.Preliminary Procedure. Before commencing work that will or may disturb survey monuments, the Contractor will retain an Idaho licensed PLS to locate, reference, and tie all survey monuments within the project site including, but not limited to, the following:
a.Public and private land corners and all accessories to those corners.
b.Control points or benchmarks set by agencies of the United States government, the state of Idaho, counties, cities, or private surveyors.
c.Right of way monuments that may be disturbed by the work. A list of known survey monuments will be provided in the contract .
8.Preserve Existing Survey Monuments. for Highway Construction Page 83 of 715 a. The Contractor will retain and protect the survey monuments within the project site that are not shown in the plans to be disturbed by the work.
b.The Contractor will not remove, destroy, bury, or alter any survey monuments, unless authorized by the PLS and the Engineer.
9.Survey Monuments Disturbed by the Work.
a.For each survey monument shown in the plans, follow recommended actions. Survey monuments disturbed during construction will be re- established in kind or with a monument of superior quality as determined by the PLS before project completion. Any survey monument set, adjusted, or replaced will be in accordance with 54- 1227, Idaho Code and wi ll be surmounted with a cap of such material and size that it can be permanently and legibly marked with the date and PLS license number in responsible charge of placing, adjusting, or replacing the monument.
b.Public and private land corner monuments disturbed during construction will be reestablished and re- monumented in accordance with 55-16, Idaho Code. Any survey monument set or adjusted will be in accordance with 54- 1227, Idaho Code and for Public Land Survey System (PLSS) corner monuments will be surmounted with a cap of such material and size that it can be permanent ly and legibly marked in accordance with the current Manual of Surveying Instructions published by the United States Department of the Interior, Bureau of La nd Management. Mark the cap in accordance with the Manual of Surveying instructions.
c.Federal, state of Idaho, and local survey monuments disturbed by the work will be reestablished in the original position as determined before construction and in accordance with the standards, rules, and procedures of the original monumenting agency. In t he case of NGS survey monuments, the Idaho’s NGS Geodetic Coordinator on staff at Idaho State University (ISU), if available, or the NGS Northwest Regional G eodetic Advisor in Seattle, Washington will be consulted before the removal and reestablishment of any NGS or United States Coast and Geodetic Survey monument.
d.Survey monuments lying within the paved portions that will or may be disturbed during the work will be treated as follows:
1.Installations for street monuments within the paved portions of the roadway and more than 1 foot inside the edge of the asphalt shoulder (edge of oil) that will or may be di sturbed will conform to the specifications for a street monument as specified in 618.
2.If an existing survey monument meets the minimum requirements of 54- 1227, Idaho Code, it can be retained or adjusted vertically in place as determined by t he PLS.
3.If an existing survey monument does not meet the minimum requirem ents of 54- 1227, Idaho Code, a new survey monument that meets or exceeds the minimum requirements of 54- 1227, Idaho Code or the standards of the original monumenting agency, whichever is a superior monument, will be installed by or under the direct supervi sion of the PLS.
4.If an existing survey monument must be removed for the work, a new survey monument that meets or exceeds the minimum requirements of 54- 1227, Idaho Code or the standards of the original monumenting agency, whichever is a sup erior monument, will be installed by or under the direct supervision of the PLS. for Highway Construction Page 84 of 715 (5) Each state highway system right of way monuments disturbed will be replaced by a monument that conforms to the specifications for a right of way marker in 618.
e.Any survey monument discovered during the work and not identified will be located, referenced, tied, and reported under the responsible charge of the PLS. If an unident ified monument is to be disturbed during construction, it will be re- established and re- monumented.
f.Any survey monument disturbed and not identified or referenced by the PLS before it being disturbed will be reestablished and re- monumented u nder the responsible charge of the PLS from the best available evidence and information of record in accordance with accepted survey methods and procedures of the Idaho Code and/or the original monumenting agency. Re-monumentation will be in accordance with this section.
g.Any survey monument not intended to be r eplaced by the work but that was willfully or carelessly disturbed or destroyed by the Contractor, or as a result of the contracted work, will be re-established and re- monumented as specified in this section.
h.The PLS will mark his/her license number, the year, the word “RESET,” and the original project stationing and offset on all centerline or right of way monuments reset, replaced, adjusted, restored, r e-established, re- monumented, or reconstructed. All newly installed centerline, right of way, and street monuments on the state highway system will be in accordance with the Department’s specifications.
10.Documentation. Following the completion of the work, the PLS will verify the monument positions, stamp the survey monuments, and verify the vaults (casings) have been installed, if required.
a.If public land corner monuments were adjusted or replaced, or if any accessor ies to the public land corner monuments have been established, the PLS will file the appropriate documentation in the county or counties where the project site is located in accordance with 55- 16, Idaho Code.
b.If private land corner monuments, centerline m onuments, or right of way monuments were adjusted or replaced, a record of survey will be filed in accordance with 55- 19, Idaho Code. Before filing the record of survey, submit drawing to the Engineer for review, complete the corrections not ed and resubmit as indicated, and file the record of survey when approved.
c.The PLS will submit a copy of the documents recorded at the county offices.
d.If NGS survey monuments were disturbed and/or reset, the PLS will submit copies of the monument reset information as provided to and approved by the NGS.
e.The PLS will submit a written report, that documents the actions taken by him/her or the Contractor to preserve or restore each survey monument within the project site.
1.Befor e construction, include the Geodetic or State Plane coordinate positions (including coordinate system, datum, and project combination factor used) of each survey monument within the project site.
2.After the work has been completed, include th e Geodetic or State Plane coordinate positions of each survey monument and show changes from preconstruction positions .
3.Include the actions taken by the Contract or and the PLS to preserve, adjust, or replace every survey monum ent. for Highway Construction Page 85 of 715 (4) The PLS will seal and sign this document.
11.MCPD Submittal. The PLS will obtain and complete the MCPD master template form, in its entirety, with global positions (e.g., WGS -84 latitude, longitude, and orthometric height) and with State Plane Coordinates of all survey monuments located, referenced, and tied during and checked after the work. The PLS will submit the completed MCPD template directly to the MCPD Data Steward at ISU (mcpd@isu.edu) and submit a copy to the Engineer. The MCPD template is available at http://giscenter.isu.edu/research/Techpg/GC/zip/MCPD_MASTER_TEMPLATE.zip. In the submittal of the MCPD to ISU, include a letter of transmittal signed and sealed by the PLS. Survey monument preservation work to locate, reference, reestablish, replace, install, adjust, or reconstruct survey monuments and vaults, and to obtain and complete the MCPD template for submittal will be paid by force account as specified in 109.03.C.5.f. Final p ayment for this work will be withheld until copies of field notes and diaries documenting the work, the written Survey Monument Preservation report, and copies of all documents filed with the County Recorder(s) are submitted to the Engineer.
107.20 Weed Control.
Avoid transporting or transferring noxious or invasive weed into or out of the project site. Control noxious or invasive weeds within the project site, including stockpiles Wash all vehicles and equipment before entering the project site or staging areas, and remove any dirt, mud, plant parts, or seed residue that remains after a visual inspection before beginning work. Additional washes may be required by the Engineer if vehicles or equipment come in contact with a noxious weed- infested area or travels off the project site or staging areas. Ensure invasive (including cheatgrass, medusahead rye, kochia, tumble mustard, prickly lettuce or Russian thistle) or noxious weed seed and plant parts, and dirt are completely removed. Washing vehicles and earth- moving equipment is considered inc idental to excavation and related items. Before beginnin g earth- disturbing operations, have the Engineer, county weed superintendent, and/or equivalent survey the project site to identify noxious weed sites and concerns. Avoid or treat and remove soil and material containing noxious weed seeds an d/or plants before beginning disturbance or excavation. Begin work in non- noxious weed- infested areas. Locate staging areas in non- noxious weed- infested areas unless a washing station is installed on the project site. Avoid or minimize vehicle and equipment travel through known noxious weed- infested areas. Service vehicles traveling frequently in and out of the project site that re main on the roadway are exempt from this requirement. Herbicides are required to be approved before use and will be applied during the weed’s growing cycle. Herbicides will be applied by an Idaho licensed applicator. Comply with all applicable local, state, and federal requirements including limitations imposed by the Secretary of the Interior. Herbicides may need to be applied multiple times throughout the growing season for weed control. Do not apply herbicides to areas within 100 feet of a river, water source, or where there is standing or running water. Spraying herbicide on or adjacent to surface waters or wetlands is prohibited, unless it is an aquatic herbicide and the Contractor has an NPDES Pesticide General Permit (PGP) from the EPA. The Contractor is required to contact the EPA or Army Corps of Engineers to determine requirements. for Highway Construction Page 86 of 715 In seasonal wetlands, riparian, and sensitive areas, and after new plant ings and seeding, use mechanical or hand- weeding methods where herbicides may adversely affect new plantings or seeding. Complete hand- weeding before beginning seeding applications. The Contractor is responsible for herbicide delivery, handling, storage, application, and left over herbicide and container disposal. Herbicide application is regulated by the EPA under the Federal Insecticide, Fungicide, Rodenticide and Algaecide Act (FIFRA) and a 2001 decision in the Ninth Circuit Court of Appeals. For seeding applications, including duration or timing, f ollow the product label and manufacturer’s written instructions.
107.21 Seeding and Vegetation Special Guaranty.
This subsection only applies if the area to be reseeded/revegetated is greater than 1 acre. The Contractor will ensure vegeta tion establishment, including watering , cultivating, plant or mulch replacement, reseeding, and any other work necessary to maintai n planting and seeding in non- lawn areas in a healthy conditi on throughout the 1- year establishment period. The 1- year establishment time period begins when all planting and seeding installation is completed. Seeding and vegetation establishment is successful when the desirable plant species cover at least 30 percent, undesirable or weedy plant species cover less than 30 percent, and state listed noxious and invasive weeds, including cheatgrass, medusahead rye, kochia, tumble mustard, prickly lettuce or Russian thistle, cover less than 1 percent of the seeded area after 1 year. The Department will conduct an evaluation after 1 year and determine which areas, if any, do not meet the contract . Replace plants or reseed the areas that do not meet the contract at no additional cost. The replacement plants and reseeding will be the same species and sizes as originally specified. Provide materials, labor, fertilizer, and all other items as originally specified. for Highway Construction Page 87 of 715 SECTION 108 – PROSECUTION, PROGRESS, AND TERMINATION
108.01 Subletting of Contract .
A.General Do not sublet, sell, transfer, assign, or otherwise dispose of the contract or portion of the contract or of the right, title, or interest in the contract without written consent. If the Engineer consents to subletting a portion of the work, the Contractor will use its own organization to perform work amounting to at leas t 50 percent of the original contract amount for contracts that involve federal -aid funding and 20 percent for state- funded contracts. The phrase “its own organization” includes only workers employed and paid directly, inclusive of employees who are employed by a lease agreement acceptable to the Department, and equipment owned or rented with or without operators, and does not include employees or equipment of a subcontractor, assignee, or agent of the Contractor. Calculate this percentage using the following equati on: 100S OCX ×−= Where: X = Percentage of work performed by the Contractor’s own organization (%). C = Contract amount of work performed by the Contractor’s own organization ($). O = Original contract amount ($) . S = Contract amount of specialty items ($), if included in the contract. If the contract requires contract pay items to be performed at stipulated prices or invoice prices and these items are not on the bid schedule, add the prices of these items to the original contract amount to determine the minimum percentage specified above. Submit written quotations as support for invoice prices. Do not allow a subcontractor to work until the subcontract or’s execut ed agreement (the subcontract) with the Contractor, including the required attachments and addenda, is approved. All subcontractors must have a Unique Entity Identifier (UEI) prior to Engineer approval of subcontractor agreement. Neither of th e following relieves or releases the Contractor or the surety of their responsibilities or liability under the contract or the contract bonds :
1.The Engineer’s consent to subcontract work.
2.The subcontract . Subcontracting does not create a contract between the Department and the subcontractor. The subcontractor gains no rights and the Department accepts no responsibilities by reason of the subcontractor’s contract with the Contractor. The Contractor is responsible for the work performed.
B.Change in Ownership If there is a change in ownership from one contractor to another, the new company must provide legal documentation showing the change in ownership. If approved by the D epartment’s Legal section , the following must occur: For Contracts that are already executed and in progress , it will be the responsibility of the new owner once the following is provided:
Source: Idaho Standard Specifications for Highway Construction, 2023 Edition. Pages 102–122 of 768.