Legal Regulations and Responsibility To Public Art. 107.05 SECTION 107. LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC
107.01 Laws to be Observed. The Contractor shall at all times observe and
comply with all Federal and State laws, local laws, ordinances, and regulations which in any manner affect the conduct of the work, and all such orders or enactments as exist at the present and which may be enacted later, of legislative bodies or tribunals having legal jurisdiction or which may have affect over the work, and no plea of misunderstanding or ignorance thereof will be considered. The Contractor shall indemnify and save harmless the State and all of its officers, agents, employees, and servants against any claim or liability arising from or based on the violation of such law, ordinance, regulation, order, or enactment, whether by the Contractor or anyone subject to the control of the Contractor.
107.02 Worker’s Compensation Insurance. Prior to the approval of his/her
contract by the Department, the Contractor shall furnish to the Department certificates of insurance covering Worker’s Compensation, or satisfactory evidence that this liability is otherwise taken care of according to Section 4(a) of the “Worker’s Compensation Act of the State of Illinois” as amended. Such insurance, or other means of protection as herein provided, shall be kept in force until all work to be performed under the terms of the contract has been completed and accepted according to the Specifications, and it is hereby understood and agreed the maintenance of such insurance or other protection, until acceptance of the work by the Department, is a part of the contract. Failure to maintain such insurance, cancellation by the Industrial Commission of its approval of such other means of protection as might have been elected, or any other act which results in lack of protection under the said “Worker’s Compensation Act” may be considered as a breach of the contract.
107.03 Employment Preference. The Contractor shall comply with the
“Veterans Preference Act” as amended. The foregoing requirements shall not be applied to discriminate or give preference to veterans of a district over veterans of any political jurisdiction, state, possession, or territory of the United States on Federal-Aid projects.
107.04 Permits and Licenses. The Contractor shall procure all permits and
licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. The Contractor before entering upon the right-of-way of a railroad for the performance of any construction work, or work preparatory thereto, shall secure permission from the Railroad Engineer for the occupancy and use of the railroad’s right-of-way outside the limits of the railroad grade separation structure or grade crossing; and, in addition, the Contractor shall confer with the Railroad Engineer relative to railroad requirements for clearances, operation, and general safety regulation.
107.05 Patented Devices, Material, and Processes. If any design, device,
material, or process covered by letters, patent, or copyright is used by the Contractor, whether required or not, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner, guaranteeing the Department indemnity from Art. 107.06 Legal Regulations and Responsibility To Public and against all claims for infringement, and shall include the cost of such agreement in the price bid for the work. It shall be the duty of the Contractor, if so demanded by the Department, to furnish said Department with a copy of the legal agreement with the patentee or owner, and if such copy is not furnished when demanded, then the Department may, if it so elects, withhold any and all payments to said Contractor until said legal agreement is furnished. If a suitable legal agreement with the patentee or owner is not made as required herein, the Contractor and 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 in connection with the work agreed to be performed under the contract, and shall indemnify the Department for any cost, expense, and damages which it may be obliged to pay by reason of any such infringement at any time during the prosecution or after the completion of the work.
107.06 Restoration of Surfaces Opened by Permit. Any individual, firm,
partnership or corporation wishing to make an opening in the surface must secure a permit from the Department, and the Contractor shall not allow any person to make an opening unless a duly authorized permit from the Department is presented. Upon the presentation of a duly authorized permit, the Contractor shall allow parties bearing such permits to make openings in the surface. The Contractor shall, if ordered by the Engineer in writing, make, in a manner approved by the Engineer, all necessary repairs to such openings, and such necessary work ordered by the Engineer will be paid for as extra work as provided in Article 109.04.
107.07 Federal Aid Provision. When the United States Government pays all
or any portion 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.
107.08 Sanitary Provisions. The Contractor shall provide and maintain in a
neat, sanitary condition such accommodations for the use of the Contractor’s employees and Department representatives as may be necessary to comply with the requirements of the State and Local Boards of Health, or of other authorities having jurisdiction.
107.09 Public Convenience and Safety. The Contractor shall notify the
Engineer at least three days in advance of the starting of any construction work which might in any way inconvenience or endanger traffic, so arrangements may be made, if necessary, for closing the road and providing suitable detours. The Contractor shall at all times conduct the work in such a manner as to ensure the least obstruction to vehicular and pedestrian traffic. The convenience of the general public and residents along the highway shall be provided for in an adequate and satisfactory manner. When directed by the Engineer, the Contractor shall provide and maintain an acceptable surface aggregate for temporary roads and approaches for access to driveways, houses, buildings, or other property abutting the highway or street being improved. The cost incurred by the Contractor for providing temporary roads will be paid for as extra work as provided in Article 104.02. Legal Regulations and Responsibility To Public Art. 107.09 The Engineer may require the Contractor to finish a section on which work is in progress before work is started on any additional sections if the opening of such section is essential to public convenience. No broken pavement, open holes, trenches, barricades, cones, or drums will remain on or adjacent to the traveled way and all lanes shall be opened to traffic during any legal holiday period, except where major bridge construction and/or other roadway reconstruction (excluding patching and resurfacing) requiring overnight lane closures would make it impractical. The legal holidays will include: New Year’s Day Labor Day Easter Thanksgiving Day Memorial Day Christmas Day Independence Day The length of the holiday period shall vary as follows, depending on the day of the week the legal holiday falls on or is observed. Day Holiday is Observed Length of Holiday Period Sunday 3 p.m. Friday – 11:59 p.m. Sunday Monday 3 p.m. Friday – 11:59 p.m. Monday Tuesday 3 p.m. Friday – 11:59 p.m. Tuesday Wednesday 3 p.m. Tuesday – 11:59 p.m. Wednesday Thursday 3 p.m. Wednesday – 11:59 p.m. Sunday Friday 3 p.m. Thursday – 11:59 p.m. Sunday Saturday 3 p.m. Thursday – 11:59 p.m. Sunday On weekends, excluding holidays, roadways with Average Daily Traffic of 25,000 or greater, all lanes shall be open to traffic from 3:00 P.M. Friday to midnight Sunday except where structure construction or major rehabilitation makes it impractical. When work is performed on structures over pedestrians or any type of traffic, the Contractor shall protect the pedestrians and/or traffic from falling objects and materials. The following vertical and horizontal restrictions shall pertain to roads as defined in the Illinois Highway Code, Article 2, Division 1, Section 2-101 when construction is being performed with the road open to traffic. In the event that any construction work will create a horizontal or vertical clearance restriction or will cause a reduction in the existing vertical or horizontal clearance on the highway under construction, the Contractor shall notify the Engineer (in writing) one week in advance of performing the work involved. Notification of horizontal clearance changes shall include those in which the existing lane width is reduced. Notification of vertical clearance changes shall include all vertical changes regardless of the height involved. Notifications shall include both permanent and temporary changes. Art. 107.09 Legal Regulations and Responsibility To Public In the event that the vertical clearance to any road surface will become less than 14.5 ft (4.4 m), the Contractor (in addition to the aforementioned notifications) shall furnish and install "LOW CLEARANCE" signs and any required advance warning signs according to the current edition of the MUTCD, said signs to be placed at locations designated by the Engineer. The designated signs shall be required for permanent clearance changes and for temporary features such as safety nets and false work when the road is open to traffic. When temporary features are to be removed or revised, the Contractor shall again notify the Engineer as provided herein and shall revise the signs to indicate the revised clearance condition. Except for the cost of providing temporary roads and approaches, all labor, materials, and equipment required to satisfy the conditions stated herein shall be considered as included in the contract bid prices and no extra compensation will be allowed. These requirements shall not reduce the obligations of the Contractor concerning traffic control and responsibility to the public as provided for in the plans and elsewhere in the Specifications or Special Provisions.
107.10 Temporary Railroad Grade Crossing. The Contractor shall make
arrangements with the Railroad for the construction, protection, maintenance, and later removal of any temporary grade crossings, across the tracks of the Railroad necessary for the use of the Contractor during the construction of the improvement. The Contractor shall not at any time cross the Railroad’s right-of-way or tracks with vehicles or equipment of any type or character, except at such temporary grade crossing as may be constructed according to a separate private crossing agreement, for which the Railroad shall be reimbursed in the full amount of all costs incurred, and as specified herein, or at an existing open public grade crossing. The Contractor shall reimburse the Railroad promptly for the cost of such work, including travel and other expenses involved in furnishing personnel, based on bills rendered monthly or less frequently. The cost of such temporary grade crossing construction, protection, maintenance, and later removal shall be considered as included in the contract unit prices bid for the various items of work involved, and no additional compensation will be allowed.
107.11 Insurance Requirements for Railroad-Highway Crossings. For all
railroad-highway grade separation work and selected at-grade crossings as indicated in the contract proposal, the Contractor shall obtain Railroad’s Protective Liability and Property Damage Liability Insurance according to the requirements specified hereinafter. The Contractor, with respect to the operations he/she or any subcontractors perform, will be required to carry in the name of and on behalf of each Railroad involved, Railroad Protective Public Liability and Property Damage Liability Insurance. The limits of insurance for Class 1 Railroads shall be a minimum of $5,000,000 combined single limit per occurrence for bodily injury liability and property damage liability with an aggregate limit of $10,000,000 over the life of the policy. The limits of insurance for non-Class 1 Railroads shall be a minimum of $2,000,000 combined single limit per occurrence for bodily injury liability and property damage liability with an aggregate limit of $6,000,000 over the life of the policy. The Contractor shall submit a copy of each required policy to the Bureau of Design and Environment, using the email address DOT.DE-Insurance@illinois.gov or Legal Regulations and Responsibility To Public Art. 107.12 the mailing address, 2300 South Dirksen Parkway, Room 326, Springfield, Illinois 62764. Upon receipt of the insurance from the Contractor evidencing the required insurance coverages, the Department will request approval of the insurance from the Railroad and will advise the Contractor of the approval. No work shall be performed on the Railroad’s right-of-way until the Contractor has received written notice from the Department that the policy has been approved. Failure on the part of the Contractor to secure approval of the insurance shall be just cause for the cancellation of the award and forfeiture of the proposal guaranty to the State, not as a penalty but in payment of liquidated damages sustained as a result of such failure.
107.12 Protection of Railroad Traffic and Property. All work to be done by
the Contractor on the Railroad’s right-of-way shall be performed in a manner satisfactory to the Railroad Engineer. The work shall be performed at such times and in such a manner as not to unnecessarily interfere with the movements of trains or traffic upon the tracks of the Railroad. The Contractor shall use all reasonable care and precaution in order to avoid accidents, damage, delay, or interference with the Railroad’s trains or other facilities. The Contractor shall make provisions satisfactory to the Railroad Engineer against disturbing, in any manner, the Railroad embankment, structures, and tracks during construction. If the work to be performed by the Contractor shall, as determined by the Railroad Engineer, weaken or undermine the Railroad embankment, structures, or tracks, then the said work shall be stopped, upon notice so to do, and the forces of the Railroad will proceed with the performance of the work of strengthening the Railroad embankment, structures, or tracks, and the actual cost thereof shall be borne by the Contractor. Should any damage occur to Railroad property as a result of the Contractor’s unauthorized or negligent operations, the Railroad may repair such damages and/or perform any work for protection of its property it may deem necessary and the actual cost thereof shall be borne by the Contractor. The services of Railroad flaggers will be required when the Contractor’s operations will encroach on or over the Railroad’s right-of-way: (a) during the excavation, placing, and removal of cofferdams or sheeting, driving of foundation piling and placing of concrete footings for piers adjacent to the track; (b) driving of pile bents adjacent to the track; (c) construction of the permanent structure including erection and removal of falsework, bracing, or forms over or adjacent to the track;
d.transporting material or equipment across the track; (e) any operations involving direct interference with and/or coming in the close vicinity of power lines or Railroad signal and communication lines, underground cables, fuel oil facilities, or pipe lines which might result in fire or damage to such facilities to endanger Railroad operations, or to endanger the public in the transacting of business on Railroad right-of-way;
f.fouling of operating clearances or reasonable probability of accidental hazard to Railroad traffic; (g) during removal of portions of existing structures immediately over or adjacent to a track; and (h) at all other times when the Railroad Engineer has determined conditions require such protection and the Engineer has determined conditions warrant such protection and has approved the request. As soon as possible, the Contractor shall furnish the Railroad with the approximate dates flagging services are needed. The approximate date of initiation Art. 107.12 Legal Regulations and Responsibility To Public of flagging services shall be at least 30 calendar days after notification. The Contractor shall also notify the Railroad at least 48 hours in advance of the actual initiation and termination of flagging services. The Contractor shall pay the costs of Railroad flaggers required for transporting material or equipment across the track. These costs shall be considered as included in the contract unit prices bid for the various items of work involved. All other Railroad flagger costs will be incurred by the Department. When the contract includes Railroad grade separation work, the Contractor shall conduct work so as to cause no temporary or permanent reduction of the existing vertical clearance over the top of high rail or temporary or permanent obstruction in an area affording a minimum horizontal clearance of 8.5 ft (2.60 m) on each side of the centerline of any track, measured at right angles thereto. No materials, supplies, or equipment shall be stored within 15 ft (4.5 m) of the centerline of any track, measured at right angles thereto. If lesser clearances than the above are required for any part of the work, the Contractor shall secure written authorization from the Railroad Engineer for such lesser clearances not less than five days in advance of the start of that part of the work, provided permission has been obtained from the Illinois Commerce Commission. The cost of conforming to these requirements shall be considered as included in the contract unit prices bid for the various items of work involved, and no additional compensation will be allowed.
107.13 Bridges Over Navigable Waters. All work on navigable waters shall
be so conducted that free navigation of the waterways will not be interfered with and that the existing navigable depths will not be impaired, except as allowed by permit issued by the authority having jurisdiction over the navigable waters.
107.14 Maintenance of Traffic. When work zone traffic control is required
along the route under construction, or when any section of road is closed for construction operations of any type, or when any section of the road is opened to traffic prior to completion of all work, the Contractor shall protect the workers and provide for safe and convenient public travel by providing adequate traffic control. The traffic control shall conform to the Traffic Control Plan, included in the contract, and to the requirements of Section 701.
107.15 Dirt on Pavement or Structures. Where the Contractor’s equipment
is operated on any portion of the pavement or structures used by traffic on or adjacent to the section under construction, the Contractor shall clean the pavement of all dirt and debris at the end of each day’s operations, and at other times as directed by the Engineer. The Contractor shall furnish, erect and maintain "SLIPPERY WHEN WET" signs at such locations, when required during wet weather. The cost of this work shall be included in the unit prices bid and no additional compensation will be allowed.
107.16 Equipment on Pavement and Structures. The pavement and
structures on or adjacent to the work shall be protected, in a manner satisfactory to the Engineer, from damage by lugs or cleats on treads or wheels of equipment. All equipment used in the prosecution of the work shall comply with the legal loading Legal Regulations and Responsibility To Public Art. 107.19 limits established by the statutes of the State of Illinois when moved over or operated on any pavement or structure unless permission in writing has been issued by the Engineer. Before using any equipment which may exceed the legal loading, the Contractor shall secure a permit, allowing ample time for making an analysis of stresses to determine whether or not the proposed loading would be within safe limits. The Department will not be responsible for any delay in construction operations or for any costs incurred by the Contractor as a result of compliance with the above requirements.
107.17 Use 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, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and, in general, not closer than 1000 ft (300 m) from the road or from any building or camping area or place of human occupancy. The Contractor shall notify each public utility company having structures in proximity to the site of work of the intention to use explosives. Such notice shall be given sufficiently in advance to enable the companies to take such steps as they deem necessary to protect their property from injury.
107.18 Use of Fire Hydrants. If the Contractor desires to use water from
hydrants, the Contractor shall make application to the proper authorities, and shall conform to the municipal ordinances, rules, or regulations concerning their use. Fire hydrants shall be accessible at all times to the Fire Department. No material or other obstructions shall be placed closer to a fire hydrant than permitted by municipal ordinances, rules, or regulations, or within 5 ft (1.5 m) of a fire hydrant, in the absence of such ordinances, rules, or regulations.
107.19 Unexpected Regulated Substances. If the Contractor encounters or
exposes during construction any abnormal condition which may indicate the presence of a regulated substance, work in this area shall be immediately discontinued and the Engineer shall be notified. A regulated substance is a hazardous substance, special waste or petroleum or any fraction thereof, as those terms are defined in the Illinois Compiled Statutes. Abnormal conditions include, but will not be limited to, the following: presence of underground storage tanks or barrels; discolored earth, metal, wood, etc.; visible fumes; obnoxious or unusual odors; excessively hot earth; smoke; or any other condition which appears abnormal and could be a possible indicator of regulated substances. The conditions shall be treated with extraordinary caution. Appropriate action shall be taken to ensure public and employee safety. The Contractor's operation shall not resume until directed by the Engineer. The Department may contact the IEMA and/or the IEPA. Removal and disposal operations shall be according to Section 669. Art. 107.19 Legal Regulations and Responsibility To Public Should the disposition of waste material require special procedures by certified personnel, the Department will make arrangements with qualified persons to dispose of the material. If the Department provides for removal and disposal operations by forces other than the Contractor's and arranges for the Contractor to pay all costs in connection therewith, the Contractor will be reimbursed according to Article 109.05. Disposition of the regulated substances shall be made according to the requirements and regulations of the IEPA. Any waste generated as a special waste or hazardous waste shall be manifested off-site using the Department's county generator number. An authorized representative of the Department will sign all manifests for the disposal of the contaminated material and confirm the Contractor's transported volume. Any waste generated as a non-special waste may be disposed of off-site at a facility permitted by the IEPA without a manifest, a special waste transporter, and a generator number. The Contractor shall abide with the Response Action Contractor Indemnification Act of the Illinois Compiled Statutes. When the Contractor encounters unexpected regulated substances due to the presence of utilities in unanticipated locations, the provisions of Article 107.40 shall apply; otherwise, if the Engineer does not direct a resumption of operations, the provisions of Article 108.07 shall apply. When the Contractor performs necessary work required to dispose of these materials, payment will be made at the contract unit price for items applicable to such work, or payment will be made according to Article 104.02.
107.20 Protection and Restoration of Property. If corporate or private
property interferes with the work, the Contractor shall notify, in writing, the owners of such property, advising them of the nature of the interference and shall arrange to cooperate with them for the protection or disposition of such property. The Contractor shall furnish the Engineer with copies of such notifications and with copies of any agreements between the Contractor and the property owners concerning such protection or disposition. The Contractor shall take all necessary precautions for the protection of corporate or private property, such as walls and foundations of buildings, vaults, underground structures of public utilities, underground drainage facilities, overhead structures of public utilities, trees, shrubbery, crops, and fences contiguous to the work, for which the contract does not provide for removal or specify precautions. The Contractor shall protect and carefully preserve all official survey monuments, property marks, section markers, and Geological Survey Monuments, or other similar monuments, until the owner, or an authorized surveyor or agent has witnessed or otherwise referenced their location or relocation. The Contractor shall notify the Engineer of the presence of any such survey or property monuments as soon as they are discovered. The Contractor shall be responsible for the damage or destruction of property of any character resulting from neglect, misconduct, or omission in his/her manner or method of execution or nonexecution of the work, or caused by defective work or the use of unsatisfactory materials, and such responsibility shall not be released until the work shall have been completed and accepted and the requirements of the Specifications complied with. Legal Regulations and Responsibility To Public Art. 107.22 Whenever public or private property is so damaged or destroyed, the Contractor shall, at no additional cost to the Department, restore such property to a condition equal to that existing before such damage or injury was done by repairing, rebuilding, or replacing it as may be directed, or the Contractor shall otherwise make good such damage or destruction in an acceptable manner. If the Contractor fails to do so, the Engineer may, after the expiration of a period of 48 hours after giving the Contractor notice in writing, proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary, and the cost thereof will be deducted from any compensation due, or which may become due, the Contractor under this or any other contract between the Department and the Contractor. The Contractor shall remove all mailboxes within the limits of construction which interfere with construction operations and shall erect them at temporary locations. As soon as construction operations permit, the Contractor shall set the mailboxes at their permanent locations. This work shall be performed as directed by the Engineer. The Contractor shall replace, at no additional cost to the Department, any mailbox or post which has been damaged by the Contractor’s operations. The cost of all materials required and all labor necessary to comply with the above Provisions will not be paid for separately, but shall be considered as included in the unit bid prices of the contract, and no additional compensation will be allowed.
107.21 Protection and Preservation of Aboriginal Records and
Antiquities. The Contractor shall take reasonable precautions to avoid disturbing aboriginal records and antiquities of archaeological, paleontological, or historical significance. No objects of this nature shall be disturbed without written permission of the Engineer. When such objects are uncovered unexpectedly, the Contractor shall notify the Engineer of their presence and shall not disturb them until written permission to do so is granted. If it is determined by the Engineer, in consultation with the Illinois Historic Preservation Agency, that exploration or excavation of aboriginal records or antiquities on land owned or leased by the State is necessary to avoid loss, the Contractor shall cooperate in the salvage work attendant to preservation. If the Engineer determines the salvage work will delay the Contractor’s work, an appropriate extension of contract time will be granted.
107.22 Approval of Proposed Borrow Areas, Use Areas, and/or Waste
Areas. All proposed borrow areas, including commercial borrow areas; use areas, including, but not limited to temporary access roads, detours, runarounds, plant sites, and staging and storage areas; and/or waste areas are to be designated by the Contractor to the Engineer and approved prior to their use. Such areas outside the State of Illinois shall be evaluated, at no additional cost to the Department, according to the requirements of the state in which the area lies; and approval by the authority within that state having jurisdiction for such areas shall be forwarded to the Engineer. Such areas within Illinois shall be evaluated as described herein. A location map delineating the proposed borrow area, use area, and/or waste area shall be submitted to the Engineer for approval along with an agreement from the property owner granting the Department permission to enter the property and Art. 107.22 Legal Regulations and Responsibility To Public conduct cultural and biological resource reconnaissance surveys of the site for archaeological resources, threatened or endangered species or their designated essential habitat, wetlands, prairies, and savannahs. The type of location map submitted shall be a topographic map, a plat map, or a 7.5 minute quadrangle map. Submittals shall include the intended use of the site and provide sufficient detail for the Engineer to determine the extent of impacts to the site. The Engineer will initiate cultural and biological resource reconnaissance surveys of the site, as necessary, at no cost to the Contractor. The Engineer will advise the Contractor of the expected time required to complete all surveys. If the proposed area is within 150 ft (45 m) of the highway right-of-way, a topographic map of the proposed site will be required as specified in Article 204.02.
a.Archaeological Resources. If potentially significant archaeological resources are identified, the Contractor shall have the option of choosing another site or paying for additional archaeological testing. If the Contractor chooses the option of additional testing, the Engineer will obtain a time and cost proposal for the Contractor’s approval prior to the testing work being done. The archaeological testing may result in two possible conclusions:
1.Results of the tests show that no further archaeological work is warranted and the site is approved, or
2.Results of the test indicate that data recovery is warranted and the Contractor shall have the option of selecting another location or paying for the salvage operations. If the area is approved as a borrow area, use area, and/or waste area, the Contractor shall obtain as part of the agreement with the property owner, the release of ownership of any artifacts found on the site. The agreement shall also provide that such artifacts will become the property of the State of Illinois. The Contractor shall furnish copies of the proposed and final agreement to the Engineer for approval. In the event hydraulic fill or commercial material from rock quarries, waste material, etc., is to be used, a reconnaissance survey for archaeological resources will be conducted only if disturbance of previously undisturbed areas is required to provide such material.
b.Wetlands. If the results of the biological resource reconnaissance survey indicate wetlands may be adversely affected by the proposed borrow area, use area, and/or waste area, the Engineer will not approve the area for use unless the Contractor provides documentation of concurrence from the Illinois Department of Natural Resources in the following:
1.There is no feasible alternative to the proposed action which adversely affects wetlands, and
2.The proposal for use of the area includes all practicable measures to minimize adverse impacts to the wetland and to provide appropriate compensation for any unavoidable adverse impacts. Legal Regulations and Responsibility To Public Art. 107.23 In addition, when a proposed borrow area, use area and/or waste area may involve the discharge of material into wetlands, the Engineer will not approve the area for use unless the Contractor provides evidence of necessary permit approval from the U. S. Army Corps of Engineers.
c.Threatened and Endangered Species. If the results of the biological resource reconnaissance survey indicate threatened or endangered species or their designated essential habitat may be affected by the proposed borrow area, use area, and/or waste area, the Engineer will not approve the area for use unless the Contractor provides evidence of compliance with the consultation requirements of the Illinois Endangered Species Protection Act and has received from the Illinois Department of Natural Resources one of the following findings.
1.The action may promote the conservation of a listed species or its essential habitat, or
2.The action is not likely to jeopardize a listed species or its essential habitat. If the Department of Natural Resources advises the proposed action may be likely to jeopardize a listed species or its essential habitat, the Engineer will not approve the site.
d.Forested Areas, Prairies, and Savannahs. If the results of the biological resource reconnaissance survey indicate that forested areas, prairies, or savannahs may be adversely affected by the proposed borrow area, use area, and/or waste area, the Engineer will recommend the Contractor minimize harm to such areas by selecting alternative sites, where practical, and by providing replacement plantings of trees or prairie vegetation, as appropriate. Such plantings may be recommended for the borrow area, use area, and/or waste area, subject to the approval of the property owner, or on highway right-of-way.
107.23 Protection of Streams, Lakes, Reservoirs, Natural Areas,
Wetlands, Prairie Areas, Savannahs, and Endangered and Threatened Species. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, reservoirs, and wetlands with fuels, oils, bitumens, calcium chloride, or other harmful materials. The Contractor shall conduct and schedule operations so as to avoid or minimize siltation of streams, lakes, reservoirs, and wetlands. Within 48 hours of the application of pesticides, including but not limited to herbicides, insecticides, algaecides, and fungicides, the Contractor shall complete and return to the Engineer, Operations form “OPER 2720”. The Contractor shall not disturb designated natural areas, wetlands, identified locations where State or Federal-listed endangered or threatened species are known to occur, or areas that have been designated as essential habitat for such species, or prairie or Savannah areas where the Department has made commitments for protection of these locations/areas. Also, if previously unidentified natural areas, wetlands, prairies, savannahs, or areas or locations suspected of containing Art. 107.23 Legal Regulations and Responsibility To Public protected species are identified during construction, the Contractor shall not disturb them unless written permission to do so is granted by the Engineer. If the Engineer determines measures are necessary to mitigate project effects on natural areas, wetlands, prairies, savannahs, protected species, or essential habitat located on land owned or leased by the State, the Contractor shall cooperate in accomplishing these measures.
107.24 Forest Protection. In carrying out work within or adjacent to State or
National Forests, the Contractor shall comply with all regulations of the State Fire Marshall, Conservation Commission, Forestry Department, or other authority having jurisdiction governing the protection of forests and the carrying out of work within forests, and shall observe all sanitary laws and regulations with respect to the performance of work in the forest areas. The Contractor shall keep the areas in an orderly condition; dispose of all refuse; and obtain permits for the construction and maintenance of all construction camps, stores, warehouses, residences, latrines, cesspools, septic tanks, and other structures according to the requirements of the Forest Supervisor. The Contractor shall take all reasonable precaution to prevent and suppress forest fires and shall require employees and subcontractors, both independently and at the request of Forest officials, to do all within their power to prevent and suppress and to assist in preventing and suppressing forest fires and to make every possible effort to notify a Forest official at the earliest possible moment of the location and extent of any fire seen by them.
107.25 Protection and Restoration of Traffic Signs. All traffic signs within
the limits of construction which interfere with construction operations or which are obscured by or otherwise interfered with by the construction operations to the extent that they no longer have the desired effect on traffic, shall be removed by the Contractor when directed by the Engineer. Any such signs the Engineer determines are essential to the safe and orderly flow of traffic shall be re-erected immediately by the Contractor at temporary locations in a manner approved by the Engineer. The Contractor shall maintain the signs in a straight and neat condition for the duration of the temporary mounting. Signs which are not to be re-erected immediately shall be stored off the ground in a covered area. As soon as construction operations permit, the signs shall be replaced at their permanent locations to the satisfaction of the Engineer. Any sign or post which the Engineer determines has been damaged due to the construction operation or while in storage shall be replaced by the Contractor. The costs of all materials required and all labor necessary to comply with this Provision will be considered as included in the unit bid prices of the contract and no additional compensation will be allowed.
107.26 Indemnification. To the fullest extent permitted by law, the Contractor
shall be responsible for any and all injuries to persons or damages to property due to the activities of the Contractor, subcontractors, suppliers, agents, or employees arising out of or resulting from performance of the contract, or any activity in connection therewith. The Contractor shall indemnify and hold harmless the Legal Regulations and Responsibility To Public Art. 107.27 Department, its officers, employees, and agents from any and all claims, lawsuits, actions, costs, and fees (including reasonable attorney fees and expenses) of every nature or description, arising from, growing out of, or connected with the work, or on account of or in consequence of any neglect in safeguarding the work or on account of or in consequence of using unacceptable materials in constructing the work or because of any act or omission, neglect, or misconduct of the Contractor, its officers, employees, agents, its subcontractor, or subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts they may be liable or because of any claims or amount recovered by reason of any infringement of any patent, trademark, or copyright or by reason of the violation of any law, ordinance, order or decree. This obligation is binding on the Contractor without regard to whether or not such claim, damage, loss, or expense is caused in part by the act, omission, or negligence of the Department or its officers, employees, or agents. In claims against the Department or any individual indemnified under this Article by an employee of the Contractor, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification herein shall not be limited by a limitation on amount or type of damages payable by or for the Contractor or subcontractor under any employee benefits act including but not limited to the Worker’s Compensation Act. In the event any such claim, lawsuit, or action is asserted, any such money due the Contractor under and by virtue of the contract as shall be deemed necessary by the Department for the payment thereof, may be retained by the Department for said purpose, or in case no money or insufficient money is due to satisfy such claim, lawsuit, or action, the Contractor’s Surety shall remain liable for any payment therefore until any such lawsuit, action, or claim has been settled or has been fully judicially determined and satisfied. No inspection by the Department, its employees or agents shall be deemed a waiver by the Department of full compliance with the requirements of the contract. This indemnification shall not be limited by the required minimum insurance coverages provided in the contract.
107.27 Insurance. The Contractor shall obtain and thereafter keep in force
the following insurance coverages provided by insurance companies acceptable to the Department and authorized to transact business under the laws of the State of Illinois. The insurance companies providing coverage shall be rated in the Best’s Key Rating Guide. The Department will accept companies with a rating not lower than B+ provided the financial size category is VII or larger. Companies rated A- or better shall have a financial size category of not less than VI. Coverage limits shall be written at not less than the minimum specified in this Article. Higher minimum limits and additional coverage may be specified by a special provision elsewhere in the contract. Whether stated in this Article or elsewhere, the Department does not warrant the adequacy of the types of insurance coverage or the limits of liability specified.
a.Workers Compensation and Employers Liability.
1.Workers compensation shall be provided according to the provisions of the Illinois Worker’s Compensation Act, as amended. Notwithstanding the rating and financial size categories stated in this Article, coverage Art. 107.27 Legal Regulations and Responsibility To Public may be provided by a group self-insurer authorized in Section 4(a) of the Act and approved pursuant to the rules of the Illinois Department of Insurance.
2.Employers Liability.
a.Each Accident $500,000
b.Disease-policy limit $500,000
c.Disease-each employee $500,000
b.Commercial General Liability. Required liability insurance coverage shall be written in the occurrence form and shall provide coverage for operations of the Contractor; operations of subcontractors (contingent or protective liability); completed operations; broad form property damage and hazards of explosion, collapse and underground; and contractual liability. The general aggregate limit shall be endorsed on a per project basis.
1.General Aggregate Limit $2,000,000
2.Products-Completed Operations Aggregate Limit $2,000,000
3.Each Occurrence Limit $1,000,000 The coverage shall provide by an endorsement in the appropriate manner and form, the Department, its officers, and employees shall be named as additional insureds with respect to the policies and any umbrella excess liability coverage for occurrences arising in whole or in part out of the work and operations performed. The Department may accept a separate owner’s protective liability policy in lieu of the Department, its officers, and employees being insureds on the Contractor’s policies.
c.Commercial Automobile Liability. The policy shall cover owned, non-owned, and hired vehicles. Bodily Injury & Property Damage Liability Limit Each Occurrence $1,000,000
d.Umbrella Liability. Any policy shall provide excess limits over and above the other insurance limits stated in this Article. The Contractor may purchase insurance for the full limits required or by a combination of primary policies for lesser limits and remaining limits provided by the umbrella policy. All insurance shall remain in force during the period covering occurrences happening on or after the effective date and remain in effect during performance of the work and at all times thereafter when the Contractor may be correcting, removing, or replacing defective work until notification of the date of final inspection. Termination or refusal to renew shall not be made without 30 days prior written notice to the Department by the insurer and the policies shall be endorsed so as to remove any language restricting or limiting liability concerning this obligation. Legal Regulations and Responsibility To Public Art. 107.29 Certified copies of the original policies or certificate(s) of insurance by the insurer(s) issuing the policies and endorsements setting forth the coverage, limits, and endorsements shall be filed with the Department before the Department will execute the contract. A certificate of insurance shall include a statement “the coverage and limits conform to the minimums required by Article 107.27 of the Standard Specifications for Road and Bridge Construction“. Any exception or deviation shall be brought to the attention of the Department for a ruling of acceptability. In no event shall any failure of the Department to receive policies or certificates or to demand receipt be construed as a waiver of the Contractor’s obligation to obtain and keep in force the required insurance. All costs for insurance as specified herein will be considered as included in the cost of the contract. The Contractor shall, at his/her expense and risk of delay, cease operations if the insurance required is terminated or reduced below the required amounts of coverage. Coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor from his/her obligation to indemnify in excess of the coverage according to the contract.
107.28 Contractor Safety Responsibility. Nothing in this contract or the
contracts between the Department and any construction engineering consultant(s) is intended or shall be construed, unless otherwise expressly stated, to reduce the responsibility of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, from full and complete supervision and achievement of work place safety. Any inspection of the work conducted by the Department, the construction engineering consultant(s), and the officers and employees of any of them, whether notice of the results thereof is provided to anyone or not provided to anyone, shall neither establish any duty on their parts nor create any expectation of a duty to anyone, including but not limited to third parties, regarding work place safety. In order to insure this and other duties of the Contractor certain indemnification and insurance is required by the contract. Additionally, the Contractor guarantees to the Department a safe work place shall be provided for all employees of the Contractor and each of its subcontractors. There shall be no violation by the Contractor, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable of the applicable standards of the Occupational Safety and Health Act, any other work place safety act of this State, or other work place safety requirement of the Federal Highway Administration if the contract is funded in part with federal funds. The Contractor agrees to require this work place safety guarantee of all subcontractors according to Article 108.01, and expressly to require the Department to be a third party beneficiary of each guarantee.
107.29 Opening of Section of Highway to Traffic. The work under
construction shall not be opened to traffic until authorized by the Engineer in writing. The Department reserves the right to use and to open to traffic any portion of the work before completion of the entire work when the Engineer determines that an early opening is in the interest of the public or when the Contractor has failed to prosecute the work continuously and efficiently. Such opening shall not be construed as an acceptance of the work, or any part of it, or cause for the Department to incur any liability to the Contractor for any additional costs, except as provided in Article 107.30 or otherwise expressly provided in the contract. Art. 107.30 Legal Regulations and Responsibility To Public Whenever the Contractor is required to open to traffic all of the work or any portion thereof according to the authorization of the Engineer given herein, the Contractor shall conduct the remainder of the construction operations so as to cause the least obstruction to traffic and according to the traffic control plan established in the contract or by the Engineer.
107.30 Contractor’s Responsibility for Work. Except as otherwise provided
in this Article, all work of the contract, including work added to the contract, shall be under the charge and care of the Contractor. The Contractor shall protect and maintain the work until the date of final inspection is provided in writing to the Contractor, by the Department according to Article 105.13. The Contractor shall assume the sole responsibility for risk of loss to the work from or by any cause whatsoever, without regard to its state of completion. The Contractor shall rebuild, repair, restore, replace, and make good all lost, destroyed, or damaged work to the condition required by the contract and shall bear all the expense and costs to do so, except when the Engineer determines the loss, destruction or damage to the work to be caused by a cataclysmic event, an act of the public enemy, or an act of a governmental authority. This exception shall not apply should the Engineer determine that the loss, destruction, or damage resulted from the Contractor’s failure to take reasonable precautions or to exercise sound engineering and construction practices while conducting the work. The Contractor and Department understand and agree that the definition of what constitutes a cataclysmic event cannot be written with precision, and that application of this exception can be the subject of dispute. Therefore, the Contractor and Department agree that the Engineer will determine the occurrence of a cataclysmic event, the eligibility for reimbursement, and the expenses and costs to be reimbursed in accordance with this exception to the Contractor’s responsibility for the work. All determinations of the Engineer shall be final. The Contractor shall have no entitlement to reimbursement, under this or any other article or provision of the contract, for any or all expenses or costs in the absence of the affirmative determination by the Engineer as to coverage by this exception and the amounts eligible for reimbursement, and the Contractor agrees that the application or denial of the application of this exception shall not be cause for action in the Illinois Court of Claims and hereby waives the same. The provisions of this Article shall not apply to damage caused by traffic on sections not constructed under traffic but, opened to traffic by written order of the Engineer according to Article 107.29 to serve the public interest unless the damage was caused in whole or in part by the Contractor’s operations or negligence. If the Contractor has failed to prosecute the work continuously and efficiently or, if the Contractor has failed to prosecute work appurtenant to the roadway such as shoulders, drainage structures, or other features of the work not directly related to safe flow of traffic, and the Engineer orders the work opened to traffic, the Contractor shall not be relieved of responsibility for the work pursuant to this Article. On sections constructed under traffic, the provisions of this Article shall not apply to damage caused by traffic to facilities existing in the roadway prior to the execution of the contract, to damage caused by traffic to existing highway facilities that are not subject to the work of the contract, or to damage to portions of the work that have been approved by the Engineer according to this Article, unless the damage was caused in whole or in part by the Contractor’s operations or negligence or the contract special provisions require the Contractor to protect and maintain existing facilities. For purposes of this Article, sections constructed under traffic shall mean construction or reconstruction on existing roadways and structures where traffic is maintained in Legal Regulations and Responsibility To Public Art. 107.30 whole or in part through and/or within the contract limits by staged construction, lane closures, or other traffic control. The Contractor may request in writing that the Department assume responsibility to protect and maintain any portion of the work that has been completed in all respects with the requirements of the contract subject to the approval of the Engineer. Portions of work that the Contractor may request the Engineer to approve under this article for relief from maintenance and protection are limited to the following.
a.Not less than a one-quarter mile continuous length of roadway including shoulders, drainage control facilities, planned roadway protection work, lighting and any required traffic control and access facilities.
b.A bridge, a box culvert, or a retaining-wall that is not part of a one-quarter mile of continuous roadway.
c.A full intersection or interchange including all shoulders, drainage control facilities, planned roadway protection work, lighting and any required traffic control, and access facilities.
d.A full intersection traffic control light system or a one-quarter mile length highway lighting system not eligible as part of a one-quarter mile continuous roadway or full intersection or interchange. When the road is open to traffic, this request may include, subject to the approval of the Engineer, safety-related hardware items such as impact attenuators, signs, markers, and light standards having traversable, frangible, or breakaway bases; guardrail and terminal sections; high tension cable median barrier and bridge railing at each separate location. Any approval granted may alter or limit the part of the work subject to the approval. After the date of written approval, the Contractor shall be relieved of the responsibility to protect and maintain the work subject to the approval and shall not be responsible for the correction of any damage or the performance of any maintenance work in the areas subject to the approval, except that caused in whole or in part by Contractor operations within the limits of the project or negligence. When damage to the work subject to the approval occurs and it is determined the Contractor is not responsible, the Engineer may order repairs to the work by the Contractor and payment will be made according to Article 109.04. Any approval granted under this Article shall neither constitute final acceptance of any of the work nor be construed to be substantial completion thereof, and the work covered by any approval shall continue to be subject to final inspection and acceptance in accordance with the terms of the contract. Repairs to work subject to the approval required due to defective materials or workmanship or caused in whole or in part by Contractor operations or negligence, shall be performed at no additional cost to the Department. During periods of suspension in accordance with Article 108.07 or other discontinuance of work from any cause whatever, the Contractor shall continue to be responsible for the work as provided in this Article and shall take such precautions as may be necessary to prevent damage to the work, provide for normal drainage and shall erect any necessary temporary structures, signs, or other facilities at his/her expense, except as otherwise provided in Article 108.07. During such period of suspension or discontinuance of work, the Contractor shall properly and continuously Art. 107.30 Legal Regulations and Responsibility To Public maintain, in an acceptable growing condition, all living material in newly established plantings, seedings, and soddings furnished under his/her contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. Additional responsibilities and maintenance for electrical work shall be according to Articles 801.11 and 801.12.
107.31 Reserved.
107.32 Furnishing Right-of-Way. The Department will make available all
necessary rights-of-way in advance of construction. Any exceptions will be indicated in the contract. Any temporary easement area shall be used only for the purpose of highway construction for which it was obtained. If the Contractor wishes to use a temporary easement area for such things as equipment and material storage, he/she shall obtain written approval from the property owner involved and present the written approval to the Engineer before using.
107.33 Personal Liability of Public Officials. In carrying out any of the
Provisions of this contract or in exercising any power or authority granted to the Engineer thereby, there shall be no personal liability upon the Engineer or authorized representative, it being understood in such matters they act as agents and representatives of the State. By entering into this contract with the Department, the Contractor covenants and agrees it shall neither commence nor prosecute any action or suit whatsoever against the officers or employees of the Department for any action or omission done or not done in the course of their administration of this contract. The Contractor agrees to pay all attorney fees and all costs incurred by the Department, its officers, and employees on account of action or suit in violation of this Article.
107.34 No Waiver of Legal Rights. The Department shall not be precluded
or estopped by final acceptance or final payment, or any measurement, estimate, or certificate made either before or after the completion and acceptance of the work and payment therefore, from showing the true amount and character of the work performed and materials furnished by the Contractor, nor from showing any such measurement, estimate, or certificate is untrue or is incorrectly made; nor the work or materials do not in fact conform to the contract. The Department shall not be precluded or estopped, by final acceptance, final payment, or any measurement, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor or its sureties, or both, such overpayment and damage as it may sustain by reason of the Contractor’s failure to comply with the terms of the contract. A waiver on the part of the Department of any right under the contract or of a breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach or right to enforce any provision of the contract.
107.35 Construction Noise Restrictions. All engines and engine driven
equipment used for hauling or construction shall be equipped with an adequate muffler in constant operation and properly maintained to prevent excessive or unusual noise. Legal Regulations and Responsibility To Public Art. 107.37 Construction within 1000 ft (300 m) of an occupied residence, motel, hospital, or similar receptor shall be confined to the period beginning at 7 a.m. and ending at 10:00 p.m. This time regulation shall not apply to sawing contraction joints, as required in Article 420.05, maintenance or operation of safety and traffic control devices such as barricades, signs, and lighting, or to construction of an emergency nature. Any machine or device or part thereof which is regulated by or becomes regulated by Federal or State of Illinois noise standards shall conform to those standards. Such equipment shall be operated as designated above. Requests to modify or deviate from these requirements shall be submitted in writing by the Contractor and must be approved in writing by the Engineer.
107.36 Dust Control. The Contractor shall be responsible for controlling the
dust and air-borne dirt generated by his/her construction activities. The Engineer may require the implementation of dust control procedures if wind and dry soil conditions reduce visibility on adjacent roads and property. Concerns for health and safety to the public using adjacent facilities will be grounds for the Engineer to request implementation of a dust control plan. When circumstances warrant, and in the non-attainment areas and "Maintenance" areas, a specific dust control plan shall be developed. Non-attainment and "Maintenance" areas will be published as a special notice in the Service Bulletin. The Contractor and the Department shall meet to review the nature and extent of dust generating activities and cooperatively develop specific types of control techniques appropriate to that specific situation. Sample techniques that may warrant consideration include the following measures.
a.Minimize track out of soil onto nearby publicly traveled roads.
b.Reduce vehicle speed on unpaved surfaces.
c.Cover haul vehicles.
d.Apply chemical dust suppressants or water to exposed surfaces, particularly to surfaces on which construction vehicles travel. Dust control measures as indicated in the Dust Control Plan, or as directed by the Engineer, shall be readily available for use on the project site. The cost of this work shall be included in the unit prices bid and no additional compensation will be allowed.
107.37 Locations of Utilities within the Project Limits. All known utilities
existing within the limits of construction are either indicated on the plans or visible above ground. For the purpose of this Article, the limits of proposed construction are defined as follows.
a.Limits of Proposed Construction for Utilities Paralleling the Roadway. Art. 107.37 Legal Regulations and Responsibility To Public
1.The horizontal limits shall be a vertical plane, outside of, parallel to, and 2 ft (600 mm) distant at right angles from the plan or revised slope limits. In cases where the limits of excavation for structures are not shown on the plans, the horizontal limits shall be a vertical plane 4 ft (1.2 m) outside the edges of structure footings or the structure where no footings are required.
2.The upper vertical limits shall be the regulations governing the roadbed clearance for the specific utility involved.
3.The lower vertical limits shall be either the top of the utility at the depth below the proposed grade as prescribed by the governing agency or the limits of excavation, whichever is less.
b.Limits of Proposed Construction for Utilities Crossing the Roadway in a Generally Transverse Direction.
1.For utilities crossing excavations for structures that are normally made by trenching such as sewers, underdrains, etc., and all minor structures such as manholes, inlets, foundations for signs, foundations for traffic signals, etc., the limits shall be the space to be occupied by the proposed permanent construction, unless otherwise required by the regulations governing the specific utility involved.
2.For utilities crossing the proposed site of major structures such as bridges, sign trusses, etc., the limits shall be as defined above for utilities extending in the same general direction as the roadway. It is understood and agreed that the Contractor has considered in the bid all of the permanent and temporary utilities in their present and/or adjusted positions as indicated in the contract. It is further understood the actual location of the utilities may be located anywhere within the tolerances provided in 220 ILCS 50/2.8 or Administrative Code Title 92 Part 530.40(c), and the proximity of some utilities to construction may require extraordinary measures by the Contractor to protect those utilities. No additional compensation will be allowed for any delays, inconveniences, or damages sustained by the Contractor due to the presence of or any claimed interference from known utility facilities or any adjustment of them, except as specifically provided in the contract.
107.38 Adjustments of Utilities within the Project Limits. The adjustment
of utilities consists of the relocation, removal, replacement, rearrangements, reconstruction, improvement, disconnection, connection, shifting, new installation, or altering of an existing utility facility in any manner. Utilities which are to be adjusted shall be adjusted by the utility owner or the owner’s representative or by the Contractor as a contract item. Generally, arrangements for adjusting known utilities will be made by the Department prior to Legal Regulations and Responsibility To Public Art. 107.39 project construction; however, utilities will not necessarily be adjusted in advance of project construction and, in some cases, utilities will not be removed from the proposed construction limits as described in Article 107.37. When utility adjustments must be performed in conjunction with construction, the utility adjustment work will be indicated in the contract. The Contractor may make arrangements for adjustment of utilities indicated in the contract, but not scheduled by the Department for adjustment, provided the Contractor furnishes the Department with a signed agreement with the utility owner covering the adjustments to be made. The cost of any such adjustments shall be the responsibility of the Contractor.
107.39 Contractor’s Responsibility for Locating and Protecting Utility
Property and Services. At points where the Contractor’s operations are adjacent to properties or facilities of utility companies, or are adjacent to other property, damage to which might result in considerable expense, loss, or inconvenience, work shall not be commenced until all arrangements necessary for the protection thereof have been made. Within the State of Illinois, a State-Wide One Call Notice System has been established for notifying utilities. Outside the city limits of the City of Chicago, the system is known as the Joint Utility Locating Information for Excavators (JULIE) System. Within the city limits of the City of Chicago the system is known as DIGGER. All utility companies and municipalities which have buried utility facilities in the State of Illinois are a part of this system. The Contractor shall call JULIE (800-892-0123) or DIGGER (312-744-7000), a minimum of 48 hours in advance of work being done in the area, and they will notify all member utility companies involved their respective utility should be located. For utilities which are not members of JULIE or DIGGER, the Contractor shall contact the owners directly. The plan general notes will indicate which utilities are not members of JULIE or DIGGER. The following table indicates the color of markings required of the State-Wide One Call Notification System. Utility Service Color Electric Power, Distribution, and Transmission Safety Red Municipal Electric Systems Safety Red Gas Distribution and Transmission High Visibility Safety Yellow Oil Distribution and Transmission High Visibility Safety Yellow Telephone and Telegraph System Safety Alert Orange Community Antenna Television Systems Safety Alert Orange Water Systems Safety Precaution Blue Sewer Systems Safety Green Art. 107.40 Legal Regulations and Responsibility To Public Utility Service Color Non-Potable Water and Slurry Lines Safety Purple Temporary Survey Safety Pink Proposed Excavation Safety White (Black when snow is on the ground) The State-Wide One Call Notification System will provide for horizontal location of utilities. When it is determined that the vertical location of the utility is necessary to facilitate construction, the Engineer may make the request for location from the utility after receipt of notice from the Contractor. If the utility owner does not field locate their facilities to the satisfaction of the Engineer, the Engineer will authorize the Contractor in writing to proceed to locate the facilities in the most economical and reasonable manner, subject to the approval of the Engineer, and be paid according to
Article 109 — 04.
The Contractor shall be responsible for maintaining the excavations or markers provided by the utility owners. The Contractor shall take all necessary precautions for the protection of the utility facilities. The Contractor shall be responsible for any damage or destruction of utility facilities resulting from neglect, misconduct, or omission in the Contractor’s manner or method of execution or nonexecution of the work, or caused by defective work or the use of unsatisfactory materials. Whenever any damage or destruction of a utility facility occurs as a result of work performed by the Contractor, the utility company will be immediately notified. The utility company will make arrangements to restore such facility to a condition equal to that existing before any such damage or destruction was done. In the event of interruption of utility services as a result of accidental breakage or as a result of being exposed or unsupported, the Contractor shall promptly notify the proper authority and shall cooperate with the said authority in the restoration of service. If water service is interrupted, repair work shall be continuous until the service is restored. No work shall be undertaken around fire hydrants until provisions for continued service have been approved by the local fire authority.
107.40 Conflicts with Utilities. Except as provided hereinafter, the discovery
of a utility in an unanticipated location will be evaluated according to Article 104.03. It is understood and agreed that the Contractor has considered in the bid all facilities not meeting the definition of a utility in an unanticipated location and no additional compensation will be allowed for any delays, inconveniences, or damages sustained by the Contractor due to the presence of or any claimed interference from such facilities. When the Contractor discovers a utility in an unanticipated location, the Contractor shall not interfere with said utility, shall take proper precautions to prevent damage or interruption of the utility, and shall promptly notify the Engineer of the nature and location of said utility.
a.Definition. A utility in an unanticipated location is defined as an active or inactive utility, which is either: Legal Regulations and Responsibility To Public Art. 107.40
1.Located underground and (a) not shown in any way in any location on the contract documents; (b) not identified in writing by the Department to the Contractor prior to the letting; or (c) not located relative to the location shown in the contract within the tolerances provided in 220 ILCS 50/2.8 or Administrative Code Title 92 Part 530.40(c); or
2.Located above ground or underground and not relocated as provided in the contract. Service connections shall not be considered to be utilities in unanticipated locations.
b.Compensation. Compensation will not be allowed for delays, inconveniences, or damages sustained by the Contractor from conflicts with facilities not meeting the above definition; or if a conflict with a utility in an unanticipated location does not cause a shutdown of the work applicable to the utility or a documentable reduction in the rate of progress exceeding the limits set herein. The provisions of Article 104.03 notwithstanding, compensation for delays caused by a utility in an unanticipated location will be paid according to the provisions of this Article governing minor and major delays or reduced rate of production which are defined as follows.
1.Minor Delay. A minor delay occurs when the Contractor’s operation is completely stopped by a utility in an unanticipated location for more than two hours, but not to exceed three weeks.
2.Major Delay. A major delay occurs when the Contractor’s operation is completely stopped by a utility in an unanticipated location for more than three weeks.
3.Reduced Rate of Production Delay. A reduced rate of production delay occurs when the Contractor’s rate of production decreases by more than 25 percent and lasts longer than seven days.
c.Payment. Payment for Minor, Major, and Reduced Rate of Production Delays will be made as follows.
1.Minor Delay. Labor idled which cannot be used on other work will be paid for according to Article 109.04(b)(1) and (2) for the time between start of the delay and the minimum remaining hours in the work shift required by the prevailing practice in the area. Equipment idled which cannot be used on other work, and which is authorized to standby on the project site by the Engineer, will be paid for according to Article 109.04(b)(4).
2.Major Delay. Labor will be the same as for a minor delay. Equipment will be the same as for a minor delay, except Contractor- owned equipment will be limited to three weeks plus the cost of move- out to either the Contractor’s yard or another job, whichever is less. Art. 107.41 Legal Regulations and Responsibility To Public Rental equipment may be paid for longer than three weeks provided the Contractor presents adequate support to the Department (including lease agreement) to show retaining equipment on the job is the most economical course to follow and in the public interest.
3.Reduced Rate of Production Delay. The Contractor will be compensated for the reduced productivity for labor and equipment time in excess of the 25 percent threshold for that portion of the delay in excess of seven days. Determination of compensation will be in accordance with Article 104.02, except labor and material additives will not be permitted. Whether covered by (1), (2), or (3) above, additional traffic control required as a result of the operation(s) delayed will be paid for according to
Article 109 — 04 for the total length of the delay.
If the delay is clearly shown to have caused work, which would have otherwise been completed, to be done after material or labor costs have increased, such increases may be paid. Payment for materials will be limited to increased cost substantiated by documentation furnished by the Contractor. Payment for increased labor rates will include those items in
Article 109 — 04(b)(1) and (2), except the 35 percent and ten percent additives
will not be permitted. On a working day contract, a delay occurring between November 30 and May 1, when work has not started, will not be considered as eligible for payment of measured labor and material costs. Project overhead (not including interest) will be allowed when all progress on the contract has been delayed, and will be calculated as 15 percent of the delay claim.
d.Other Obligations of Contractor. Upon payment of a claim under this provision, the Contractor shall assign subrogation rights to the Department for the Department’s efforts of recovery from any other party for monies paid by the Department as a result of any claim under this Provision. The Contractor shall fully cooperate with the Department in its efforts to recover from another party any money paid to the Contractor for delay damages under this Provision.
107.41 Construction Air Quality. The Contractor shall comply with the
following.
a.Idling Restrictions. The Contractor shall establish truck-staging areas for all diesel powered vehicles that are waiting to load or unload material at the jobsite. Staging areas shall be located where the diesel emissions from the equipment will have a minimal impact on adjacent sensitive receptors. Sensitive receptors include, but are not limited to, hospitals, schools, residences, motels, hotels, daycare facilities, elderly housing and convalescent facilities. Diesel powered engines shall also be located as far away as possible from fresh air intakes, air conditioners, and windows. The Engineer will review and approve the staging areas, whether within or outside the existing highway right-of-way, to avoid locations near sensitive areas or populations. Legal Regulations and Responsibility To Public Art. 107.41 Diesel powered vehicle operators may not cause or allow the motor vehicle, when it is not in motion, to idle for more than a total of 10 minutes within any 60 minute period, except under any of the following circumstances:
1.The motor vehicle has a gross vehicle weight rating of less than 8000 lb (3630 kg).
2.The motor vehicle idles while forced to remain motionless because of on-highway traffic, an official traffic control device or signal, or at the direction of a law enforcement official.
3.The motor vehicle idles when operating defrosters, heaters, air conditioners, or other equipment solely to prevent a safety or health emergency.
4.A police, fire, ambulance, public safety, other emergency or law enforcement motor vehicle, or any motor vehicle used in an emergency capacity, idles while in an emergency or training mode and not for the convenience of the vehicle operator.
5.The primary propulsion engine idles for maintenance, servicing, repairing, or diagnostic purposes if idling is necessary for such activity.
6.A motor vehicle idles as part of a government inspection to verify that all equipment is in good working order, provided idling is required as part of the inspection.
7.When idling of the motor vehicle is required to operate auxiliary equipment to accomplish the intended use of the vehicle (such as loading, unloading, mixing, or processing cargo; controlling cargo temperature; construction operations, lumbering operations; oil or gas well servicing; or farming operations), provided that this exemption does not apply when the vehicle is idling solely for cabin comfort or to operate non-essential equipment such as air conditioning, heating, microwave ovens, or televisions.
8.When the motor vehicle idles due to mechanical difficulties over which the operator has no control.
9.The outdoor temperature is less than 32 °F (0 °C) or greater than 80 °F (26 °C). When the outdoor temperature is greater than or equal to 32 °F (0 °C) or less than or equal to 80 °F (26 °C), a person who operates a motor vehicle operating on diesel fuel shall not cause or allow the motor vehicle to idle for a period greater than 30 minutes in any 60 minute period while waiting to weigh, load, or unload cargo or freight, unless the vehicle is in a line of vehicles that regularly and periodically moves forward. Art. 107.41 Prosecution and Progress The above requirements do not prohibit the operation of an auxiliary power unit or generator set as an alternative to idling the main engine of a motor vehicle operating on diesel fuel.
b.Diesel Vehicle Emissions Control. All equipment on the jobsite, with engine ratings of 50 hp and above, shall exclusively use Ultra Low Sulfur Diesel (ULSD) fuel (15 ppm sulfur content or less). The term “equipment” refers to any and all diesel powered devices to be used on the project site in excess of seven calendar days over the course of the construction period on the project site (including any “rental” equipment). The Contractor shall certify that only ULSD will be used in all jobsite equipment. The certification shall be presented to the Department prior to the commencement of the work. Any costs associated with bringing any diesel powered equipment into compliance with these diesel vehicle emissions controls shall be considered as included in the contract unit prices bid for the various items of work involved and no additional compensation will be allowed. The Contractor's compliance with this notice and any associated regulations shall also not be grounds for a claim. SECTION 108. PROSECUTION AND PROGRESS
108.01 Subcontracting. The Contractor shall not subcontract, sell, transfer,
assign, or otherwise dispose of the contract or any portion thereof, or of his/her right, title, or interest therein, without written consent of the Engineer. Notwithstanding consent to subcontract approved by the Engineer, the Contractor shall perform with the Contractor’s own organization, work amounting to not less than 50 percent of the total contract cost, and with materials purchased or produced by the Contractor. Items designated in the contract as “specialty items” may be performed by subcontract and the cost of any such specialty items so performed by subcontract may be deducted from the total cost before computing the amount of work required to be performed by the Contractor with his/her own organization. “Specialty items” will be those items so designated on the Summary of Quantities included in the plans. The Engineer may request the Contractor provide proof that any proposed subcontractor has the experience, ability, and equipment the work requires. No subcontracts, or assignments of payments due or to become due, shall in any case release the Contractor or surety of liability under the contract and bonds. All transactions of the Engineer shall be with the Contractor. The Contractor shall have a representative on the job at all times when either contract or subcontract work is being performed. All requests to subcontract shall contain a certification that the subcontract agreement exists in writing, that the subcontract incorporates by reference the terms and conditions of the contract, and that the subcontract incorporates fully therein the required Federal and State Equal Employment Opportunity provisions and labor Compliance provisions, including the contract wage requirements. The Contractor shall permit Department or Federal representatives to examine the subcontract agreements upon notice.
Referenced in this section
LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC in other states
- Georgia 107 · Legal Regulations and Responsibility to the Public
- Alaska 107 · LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
- Alabama 107 · LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
- Arizona 107 · LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
- Colorado 107 · LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
- Delaware 107 · LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
- Idaho 107 · LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
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Source: Illinois Standard Specifications for Road and Bridge Construction, 2022 Edition. Pages 42–67 of 1,217. View official source ↗