Legal Relations and Responsibility to Public
107.01 LAWS TO BE OBSERVED. The contractor shall keep informed
of and comply with all Federal, State and local laws, ordinances and regulations, and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which affect those employed on the work or which affect the conduct of the work. The contractor shall indemnify the State and its representatives against any claim or liability arising from violation of any such law, bylaw, ordinance, code, regulation, order or decree, whether by the contractor or the contractor's employees. Soil and soil -moving equipment operating in regulated areas will be subject to plant quarantine regulations. These regulations provide for cleaning soil from equipment before it is moved from regulated areas to prevent spread of ha rmful agricultural pests from areas quarantined by the State or U. S. Department of Agriculture. Complete information may be obtained from the appropriate district office of the USDA Plant Protection Division. When the Department is the contracting agency , (1) any litigation arising under or related to the contract or the bidding or award thereof shall be instituted in the 19th Judicial District Court in and for the Parish of East Baton Rouge, State of Louisiana, and (2) the contractor shall ensure that ea ch subcontract for the project also requires that any litigation arising under the contract, other than to enforce a lien pursuant to L.R.S. 48:256.3 et seq. , be instituted in the 19th Judicial District Court in and for the Parish of East Baton Rouge, State of Louisiana. If any court of competent jurisdiction holds that any provision of this Contract is invalid or unenforceable, then the meaning of such provision shall be construed so as to render it enforceable to the extent feasible; and if no feasibl e interpretation would save such provision, it shall be severed from this Contract and the remainder of this Contract shall remain in full force and effect.
107.02 Permits, Licenses, Taxes and Insurance.
Contractors shall procure temporary permits and licenses for the work, pay charges, fees, and taxes, and give notices necessary for lawful prosecution of the work. Contractor, and its subcontractors, shall maintain all licenses Legal Relations and Responsibility to Public
107.01 LAWS TO BE OBSERVED. The contractor shall keep informed
of and comply with all Federal, State and local laws, ordinances and regulations, and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which affect those employed on the work or which affect the conduct of the work. The contractor shall indemnify the State and its representatives against any claim or liability arising from violation of any such law, bylaw, ordinance, code, regulation, order or decree, whether by the contractor or the contractor's employees. Soil and soil -moving equipment operating in regulated areas will be subject to plant quarantine regulations. These regulations provide for cleaning soil from equipment before it is moved from regulated areas to prevent spread of ha rmful agricultural pests from areas quarantined by the State or U. S. Department of Agriculture. Complete information may be obtained from the appropriate district office of the USDA Plant Protection Division. When the Department is the contracting agency , (1) any litigation arising under or related to the contract or the bidding or award thereof shall be instituted in the 19th Judicial District Court in and for the Parish of East Baton Rouge, State of Louisiana, and (2) the contractor shall ensure that ea ch subcontract for the project also requires that any litigation arising under the contract, other than to enforce a lien pursuant to L.R.S. 48:256.3 et seq. , be instituted in the 19th Judicial District Court in and for the Parish of East Baton Rouge, State of Louisiana. If any court of competent jurisdiction holds that any provision of this Contract is invalid or unenforceable, then the meaning of such provision shall be construed so as to render it enforceable to the extent feasible; and if no feasibl e interpretation would save such provision, it shall be severed from this Contract and the remainder of this Contract shall remain in full force and effect.
107.02 Permits, Licenses, Taxes and Insurance.
Contractors shall procure temporary permits and licenses for the work, pay charges, fees, and taxes, and give notices necessary for lawful prosecution of the work. Contractor, and its subcontractors, shall maintain all licenses and certifications necessary to accomplish the work in accordance with contract requirements and applicable law. The contractor shall maintain, at a minimum, the following insurance coverage until final acceptance of the contract:
1.Workers Compensation in compliance with state law, with the exception that the contractor’s Employer liability is to be at least $1,000,000 when work is to be over water and involves maritime exposures. For the coverage provided in this subpart the contractor’s Insurer will have no right of recovery or subrogation against the State of Louisiana or the Lo uisiana Department of Transportation and Development.
2.Commercial General Liability Insurance with a combined single limit per occurrence for bodily injury and property damage. The aggregate loss limit must be on a per project basis. This insurance shall include coverage for bodily injury and property damage, and include coverage for Premises -Operation; Broad form Contractual Liability; Products and Completed Operation; Use of Contractors and Subcontractors; Personal Injury; Broad form Property Damage; and Explosion, Collapse and Underground (XCU) coverage. The required combined single limit amount of insurance shall be as provided in Table 107 -1
3.A separate Owner’s and Contractor’s Protective Liability (OCP) Policy shall be furnished by the contractor nami ng the Louisiana Department of Transportation and Development as the named insured. The policy period of the OCP insurance shall extend through final acceptance of the project. The required combined single OCP limit amount shall be as provided in Table 1 07-1
4.Business Automobile Liability Insurance with a combined single limit per occurrence for bodily injury and property damage. This insurance shall include bodily injury and property damage coverage for owned automobiles, hired automobiles and non -owned automobiles. The required combined single limit amount of insurance shall be as provided in Table 107 - below. Table 107-1 Insurance Requirements ($ in millions) Initial Contract Amount Occurrence Minimum Aggregate Ultrahazardous Aggregate Up to $1 $ 1 $ 2 $ 3 From $1 to $ 2 $ 2 $ 4 $ 6 Over $2 $ 5 $10 $15 Aggregate coverage for projects with ultrahazardous activities shall be triple the occurrence minimum. Ultrahazardous activities include pile driving; transportation, use, storage, or removal of explosives, radioactive materials, or particularly hazardous or volatile chemicals; and asbestos or lead paint abatement; but does not include vibratory installation of sheet piles. Each policy shall include provisions stipulating that the in surance company(ies) shall have no recourse against the State of Louisiana and the Department for payment of any premiums or for assessments under any form of the policy and that any and all deductibles in the above described insurance policy(ies) shall be assumed by and be at the sole risk of the contractor. Insurance is to be placed with insurance companies authorized in the State of Louisiana with an A. M. Best’s rating of A -: VI or higher. This rating requirement may be waived for Workers Compensation coverage only. Should any policies be canceled, the contractor shall immediately notify the Department. Upon failure of the contractor to furnish, deliver and maintain such insurance for itself as required, this contract, at the election of the Department, may be immediately declared suspended, discontinued or terminated. Upon failure of the contractor to maintain OCP insurance at any time prior to final acceptance of the project, work on this contract shall be immediately suspended until proof of such insurance is presented to and accepted by the Department’s Project Control unit. During a suspension caused by the lack of any required insurance, contractual time charges will continue to be assessed against contract time, as will any assessment of stipulated damages, without interruption. Failure of the contractor to maintain any required insurance shall not relieve the contractor from any liability under the contract, nor shall the insurance requirements be construed to conflict with the obligations of the contractor concerning indemnification under 107.17 . The contractor is responsible for requiring and verifying that all subcontractors working on the project maintain appropriate types and levels of insurance coverage. This contract does not authorize or appoint contractor as an agent or mandatory of the Department, or of the State of Louisiana. Accordingly, the contractor is subject to and responsible for all taxes incurred in the performance of its contractual obligations.
107.02.1 Reimbursement of OCP Insurance: Contractor may
submit the direct cost of OCP insurance (only) to the Department for reimbursement. The provisions of 109.04 shall not apply to this reimbursement. The cost of all other required insurance must be included in contractor’s overhead applied to all other bid items. The Department will reimburse the actual cost of OCP coverage, with no allowed mark -up, as shown on an invoice produced by the insurance provider. Contractor must also submit an original sworn affidavit from the insurance producer/agent in which that person attests that the submitted invoice is for the required OCP coverage only, and that the invoice accurately reports the cost to contractor of that coverage. The invoice and affidavit may be submitted at the preconstruction conference or thereafter for inclusion with a partial estimate. There will be no reimbursement for any purchase of OCP insurance policy extensions necessitated by concurrent; non-excusable; or excusable, non-compensable delays in completion of the project, whenever such delays occur, or for claimed utility delays where such days were not added to Contract Time by change order. Any policy extensions necessitated by excusable, compensable delays will be reimbursed on a pro-rata monthly basis.
107.03 PATENTED DEVICES, MATERIALS AND PROCESSES. If
the contrac tor uses any design, device, material , or process covered by patent or copyright, the contractor shall be responsible for such use. The contractor and surety shall indemnify the State, any affected third party or political subdivision from claims for infringement due to the use of any such patented design, device, material or process, or any trademark or copyright and shall indemnify the State for any costs, expenses , and Failure of the contractor to maintain any required insurance shall not relieve the contractor from any liability under the contract, nor shall the insurance requirements be construed to conflict with the obligations of the contractor concerning indemnification under 107.17 . The contractor is responsible for requiring and verifying that all subcontractors working on the project maintain appropriate types and levels of insurance coverage. This contract does not authorize or appoint contractor as an agent or mandatory of the Department, or of the State of Louisiana. Accordingly, the contractor is subject to and responsible for all taxes incurred in the performance of its contractual obligations.
107.02.1 Reimbursement of OCP Insurance: Contractor may
submit the direct cost of OCP insurance (only) to the Department for reimbursement. The provisions of 109.04 shall not apply to this reimbursement. The cost of all other required insurance must be included in contractor’s overhead applied to all other bid items. The Department will reimburse the actual cost of OCP coverage, with no allowed mark -up, as shown on an invoice produced by the insurance provider. Contractor must also submit an original sworn affidavit from the insurance producer/agent in which that person attests that the submitted invoice is for the required OCP coverage only, and that the invoice accurately reports the cost to contractor of that coverage. The invoice and affidavit may be submitted at the preconstruction conference or thereafter for inclusion with a partial estimate. There will be no reimbursement for any purchase of OCP insurance policy extensions necessitated by concurrent; non-excusable; or excusable, non-compensable delays in completion of the project, whenever such delays occur, or for claimed utility delays where such days were not added to Contract Time by change order. Any policy extensions necessitated by excusable, compensable delays will be reimbursed on a pro-rata monthly basis.
107.03 PATENTED DEVICES, MATERIALS AND PROCESSES. If
the contrac tor uses any design, device, material , or process covered by patent or copyright, the contractor shall be responsible for such use. The contractor and surety shall indemnify the State, any affected third party or political subdivision from claims for infringement due to the use of any such patented design, device, material or process, or any trademark or copyright and shall indemnify the State for any costs, expenses , and damages due to any infringement during prosecution or after completion of the work. If the contractor submits proposed plans, specifications, manufacturer's data, or any other information or documents to the Department for a proposed change order, value engineering proposal or for any other purpose which may be protected by copyrigh t or trade secret protection, the contractor shall first obtain permission or license from the licensor or any other party having a proprietary interest in such documents or information and shall hold harmless, indemnify and defend the Department at the contractor's sole cost from any damages, expenses or actions arising out of or related to use by the Department of information or documents supplied by the contractor to the Department.
107.04 Restoration of Surfaces Opened By Permit.
The right to construct or rec onstruct any utility service in the highway or to grant permits for same, at any time, is reserved by the Department for proper authorities of the municipality in which the work is done and the contractor will not be entitled to damages either for digging up of the highway or delays occasioned thereby. When an individual, corporation, or any other legal entity is authorized through an executed permit from the Department, the contractor shall allow parties bearing such permits to make openings in the highway . The contractor shall, when ordered, make all necessary repairs due to such openings. Payment for such work will be made as extra work or as provided in these specifications, and will be subject to the same conditions as original work performed.
107.05 FEDERAL AID PARTICIPATION. When the United States
Government participates in the cost of the work covered by the contract, the work shall be under the supervision of the State, but subject to inspection and approval of the proper official of the United States Government, in accordance with applicable Federal Statutes, and rules and regulations pursuant thereto. Such inspection shall not make the Federal Government a party to the contract and will not interfere with the rights of either party there under.
107.06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The
contractor shall not require any worker to work under conditions which are damages due to any infringement during prosecution or after completion of the work. If the contractor submits proposed plans, specifications, manufacturer's data, or any other information or documents to the Department for a proposed change order, value engineering proposal or for any other purpose which may be protected by copyrigh t or trade secret protection, the contractor shall first obtain permission or license from the licensor or any other party having a proprietary interest in such documents or information and shall hold harmless, indemnify and defend the Department at the contractor's sole cost from any damages, expenses or actions arising out of or related to use by the Department of information or documents supplied by the contractor to the Department.
107.04 Restoration of Surfaces Opened By Permit.
The right to construct or rec onstruct any utility service in the highway or to grant permits for same, at any time, is reserved by the Department for proper authorities of the municipality in which the work is done and the contractor will not be entitled to damages either for digging up of the highway or delays occasioned thereby. When an individual, corporation, or any other legal entity is authorized through an executed permit from the Department, the contractor shall allow parties bearing such permits to make openings in the highway . The contractor shall, when ordered, make all necessary repairs due to such openings. Payment for such work will be made as extra work or as provided in these specifications, and will be subject to the same conditions as original work performed.
107.05 FEDERAL AID PARTICIPATION. When the United States
Government participates in the cost of the work covered by the contract, the work shall be under the supervision of the State, but subject to inspection and approval of the proper official of the United States Government, in accordance with applicable Federal Statutes, and rules and regulations pursuant thereto. Such inspection shall not make the Federal Government a party to the contract and will not interfere with the rights of either party there under.
107.06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The
contractor shall not require any worker to work under conditions which are damages due to any infringement during prosecution or after completion of the work. If the contractor submits proposed plans, specifications, manufacturer's data, or any other information or documents to the Department for a proposed change order, value engineering proposal or for any other purpose which may be protected by copyrigh t or trade secret protection, the contractor shall first obtain permission or license from the licensor or any other party having a proprietary interest in such documents or information and shall hold harmless, indemnify and defend the Department at the contractor's sole cost from any damages, expenses or actions arising out of or related to use by the Department of information or documents supplied by the contractor to the Department.
107.04 Restoration of Surfaces Opened By Permit.
The right to construct or rec onstruct any utility service in the highway or to grant permits for same, at any time, is reserved by the Department for proper authorities of the municipality in which the work is done and the contractor will not be entitled to damages either for digging up of the highway or delays occasioned thereby. When an individual, corporation, or any other legal entity is authorized through an executed permit from the Department, the contractor shall allow parties bearing such permits to make openings in the highway . The contractor shall, when ordered, make all necessary repairs due to such openings. Payment for such work will be made as extra work or as provided in these specifications, and will be subject to the same conditions as original work performed.
107.05 FEDERAL AID PARTICIPATION. When the United States
Government participates in the cost of the work covered by the contract, the work shall be under the supervision of the State, but subject to inspection and approval of the proper official of the United States Government, in accordance with applicable Federal Statutes, and rules and regulations pursuant thereto. Such inspection shall not make the Federal Government a party to the contract and will not interfere with the rights of either party there under.
107.06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The
contractor shall not require any worker to work under conditions which are damages due to any infringement during prosecution or after completion of the work. If the contractor submits proposed plans, specifications, manufacturer's data, or any other information or documents to the Department for a proposed change order, value engineering proposal or for any other purpose which may be protected by copyrigh t or trade secret protection, the contractor shall first obtain permission or license from the licensor or any other party having a proprietary interest in such documents or information and shall hold harmless, indemnify and defend the Department at the contractor's sole cost from any damages, expenses or actions arising out of or related to use by the Department of information or documents supplied by the contractor to the Department.
107.04 Restoration of Surfaces Opened By Permit.
The right to construct or rec onstruct any utility service in the highway or to grant permits for same, at any time, is reserved by the Department for proper authorities of the municipality in which the work is done and the contractor will not be entitled to damages either for digging up of the highway or delays occasioned thereby. When an individual, corporation, or any other legal entity is authorized through an executed permit from the Department, the contractor shall allow parties bearing such permits to make openings in the highway . The contractor shall, when ordered, make all necessary repairs due to such openings. Payment for such work will be made as extra work or as provided in these specifications, and will be subject to the same conditions as original work performed.
107.05 FEDERAL AID PARTICIPATION. When the United States
Government participates in the cost of the work covered by the contract, the work shall be under the supervision of the State, but subject to inspection and approval of the proper official of the United States Government, in accordance with applicable Federal Statutes, and rules and regulations pursuant thereto. Such inspection shall not make the Federal Government a party to the contract and will not interfere with the rights of either party there under.
107.06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The
contractor shall not require any worker to work under conditions which are unsanitary, hazardous , or dangerous to health or safety. The contractor shall maintain the work in a sanitary, safe, and nonhazardous condition. The contractor shall provide and maintain in a neat, sanitary condition, restrooms and other such accommodations for use of employees and Department personnel. Such facilities shall comply with requirements of the State and local Boards of Hea lth or other bodies or tribunals having jurisdiction. The contractor shall comply with all Occupational Safety and Health Administration (OSHA) regulations. If the contractor provides an Emergency, Health and Safety (EHS) plan during the preconstruction conference, all Department employees assigned to the project shall comply with the plan while on or adjacent to the job site. The contractor shall not be liable under 107.17 for bodily injuries, death, or damages sustained by the Department, or by any Department employee, due directly to the Department employee's failure to abide by the EHS plan provided by the contractor.
107.07 PUBLIC CONVENIENCE AND SAFETY. The contractor shall
conduct the work to assure the least possible obstruction to traffic. The project site and haul route shall be kept reasonably free from dust and in such condition that the public can travel in safety. When the highway under construction is to be kept open for traffic, the subgrade and surfacing shall be kept in such condition that the public can travel in safety. Safety and convenience of the general public and the residents along the work, and protection of persons and property, shall be a primary responsibility of the contractor. When the contractor works at night, adequate artificial lighting shall be provided. Signs, flaggers, or other traffic controls shall be provided to protect worker s, the work, and the traveling public. When such work affects traffic safety, the contractor shall submit to the engineer for approval a plan of lighting, signing, flagmen, or other traffic controls. If the approved plan proves inadequate after work begi ns, the contractor shall make such changes as needed. If the engineer finds that the night work is so hazardous as to preclude the beginning or require the discontinuing of such work, the contractor shall immediately cease all such operations.
107.08 RAILWAY -HIGHWAY PROVISIONS. It is the Contractor’s
responsibility to contact the railroad to determine the railroad’s requirements for work within the railroad right of way and to comply with unsanitary, hazardous , or dangerous to health or safety. The contractor shall maintain the work in a sanitary, safe, and nonhazardous condition. The contractor shall provide and maintain in a neat, sanitary condition, restrooms and other such accommodations for use of employees and Department personnel. Such facilities shall comply with requirements of the State and local Boards of Hea lth or other bodies or tribunals having jurisdiction. The contractor shall comply with all Occupational Safety and Health Administration (OSHA) regulations. If the contractor provides an Emergency, Health and Safety (EHS) plan during the preconstruction conference, all Department employees assigned to the project shall comply with the plan while on or adjacent to the job site. The contractor shall not be liable under 107.17 for bodily injuries, death, or damages sustained by the Department, or by any Department employee, due directly to the Department employee's failure to abide by the EHS plan provided by the contractor.
107.07 PUBLIC CONVENIENCE AND SAFETY. The contractor shall
conduct the work to assure the least possible obstruction to traffic. The project site and haul route shall be kept reasonably free from dust and in such condition that the public can travel in safety. When the highway under construction is to be kept open for traffic, the subgrade and surfacing shall be kept in such condition that the public can travel in safety. Safety and convenience of the general public and the residents along the work, and protection of persons and property, shall be a primary responsibility of the contractor. When the contractor works at night, adequate artificial lighting shall be provided. Signs, flaggers, or other traffic controls shall be provided to protect worker s, the work, and the traveling public. When such work affects traffic safety, the contractor shall submit to the engineer for approval a plan of lighting, signing, flagmen, or other traffic controls. If the approved plan proves inadequate after work begi ns, the contractor shall make such changes as needed. If the engineer finds that the night work is so hazardous as to preclude the beginning or require the discontinuing of such work, the contractor shall immediately cease all such operations.
107.08 RAILWAY -HIGHWAY PROVISIONS. It is the Contractor’s
responsibility to contact the railroad to determine the railroad’s requirements for work within the railroad right of way and to comply with unsanitary, hazardous , or dangerous to health or safety. The contractor shall maintain the work in a sanitary, safe, and nonhazardous condition. The contractor shall provide and maintain in a neat, sanitary condition, restrooms and other such accommodations for use of employees and Department personnel. Such facilities shall comply with requirements of the State and local Boards of Hea lth or other bodies or tribunals having jurisdiction. The contractor shall comply with all Occupational Safety and Health Administration (OSHA) regulations. If the contractor provides an Emergency, Health and Safety (EHS) plan during the preconstruction conference, all Department employees assigned to the project shall comply with the plan while on or adjacent to the job site. The contractor shall not be liable under 107.17 for bodily injuries, death, or damages sustained by the Department, or by any Department employee, due directly to the Department employee's failure to abide by the EHS plan provided by the contractor.
107.07 PUBLIC CONVENIENCE AND SAFETY. The contractor shall
conduct the work to assure the least possible obstruction to traffic. The project site and haul route shall be kept reasonably free from dust and in such condition that the public can travel in safety. When the highway under construction is to be kept open for traffic, the subgrade and surfacing shall be kept in such condition that the public can travel in safety. Safety and convenience of the general public and the residents along the work, and protection of persons and property, shall be a primary responsibility of the contractor. When the contractor works at night, adequate artificial lighting shall be provided. Signs, flaggers, or other traffic controls shall be provided to protect worker s, the work, and the traveling public. When such work affects traffic safety, the contractor shall submit to the engineer for approval a plan of lighting, signing, flagmen, or other traffic controls. If the approved plan proves inadequate after work begi ns, the contractor shall make such changes as needed. If the engineer finds that the night work is so hazardous as to preclude the beginning or require the discontinuing of such work, the contractor shall immediately cease all such operations.
107.08 RAILWAY -HIGHWAY PROVISIONS. It is the Contractor’s
responsibility to contact the railroad to determine the railroad’s requirements for work within the railroad right of way and to comply with those requirements. The Contractor shall attend any safety orientation/tr aining required by the Railroad. All work to be performed by the contractor in construction on railway right -of-way shall be at a minimum in accordance with the following provisions.
1.The contractor shall notify the Railway's duly designated representative at least 10 days in advance of the date on which the contractor is expected to begin work on the Railway's premises.
2.During the progress of work on or about the Railway's tracks or premises, the contractor shall maintain contact and liaison with the Railway's officers or representatives designated by the Railway and Railway approved contractors so as to ascertain time of passage of trains at the work in order to clear Railway's tracks and facilities of people, equipment and obstructions to permit free flow of railway traffic. The contractor shall perform work on the Railway's premises without materially interfering with the Railway's tracks, structures and facilities or operations, or the operations of the Railway's tenants or licensees, or with commu nication and signal lines upon said premises, except under documented arrangement effected between the contractor and the Railway. The Contractor shall ensure all Railroad signals are returned to working order and all electronic/electrical equipment is functioning as intended before conclusion of the project work. The contractor shall protect the Railway's property and avoid accidents. The contractor shall keep the Railway's track and roadbed free of earth, rock, construction materials, debris and obstru ctions. The contractor shall immobilize equipment parked near the Railway's track, when such equipment is unattended, to prevent its movement by unauthorized persons.
3.The contractor shall, before entering upon the Railway's right -of-way for performance of any construction work, or work preparatory thereto, secure permission from the Railway's representative for the occupancy and use of the Railway's right -of-way outside the limits of the highway servitude area and shall confer with the Railway relative to requirements for railway clearances, operation and general safety regulations.
4.The Railway's representative will at all times have jurisdiction over the safety of railway operation. The decision of the Railway's representative as to procedures which may aff ect the safety of railway operation shall be final. The contractor shall be governed by such decision.
5.Should any damage occur to railway property, as a result of the contractor's unauthorized or negligent operations, and the Railway deems it necessary to repair such damage or perform work for protection of its property, the required materials, labor and equipment shall be furnished by the Railway. The contractor shall reimburse the Railway for costs incurred.
6.If the contractor’s methods or equipment requir es access across the Railway's right -of-way and tracks at any location which is not an existing permanent type of open public railway -highway crossing in or incident to the construction of the project, the contractor shall contact the Railway and request a ccess across said right -of-way and tracks and execute a license agreement with the Railway, all at no direct pay. The contractor shall reimburse the Railway for the cost of providing and removing any temporary at-grade and grade -separated structure access crossing, including warning devices, watchmen expense or other costs which the Railway deems necessary for protection of Railway property and operations. The type of temporary crossing required shall be determined by the Railway. The contractor shall not c ross the Railway's right -of-way and tracks with vehicles or equipment except at existing open public road crossings or at such crossings established pursuant to this paragraph. The foregoing requirements include new grade crossings which will become part o f the finished highway being constructed under the contract. The contractor shall comply with requirements for insurance in 107.08.14 below during operations hereunder. The contractor shall cooperate with the Railway during all phases of the work including sufficient advance notice for project completion in order for the Railway to remove the temporary grade crossing and perform final grade crossing improvements and/or inspections under the agreement with the Department prior to final acceptance.
7.Any engine ering, inspection, training, flagging , and watcher service required by the Railway for the safety of Railway operations because of work being performed by the contractor or in connection therewith, shall be provided by the Railway and the cost thereof shall be reimbursed to the Railway, by the contractor, on the basis of the Railway's bills, to be rendered monthly. The contractor will be reimbursed, by the Department, for its actual incurred cost for such services with no contractor mark -up allowed . The contractor shall furnish documentation of railway invoices and evidence of payment before reimbursement. When it is determined that railroad services and/or crossings are no longer in the best interest of the Department, the contractor will be issued written notification that no further reimbursement will be made by the Department for railroad services. Work done or services provided for the contractor's convenience will not be reimbursed by the Department. Any engineering, inspection, training , flagg ing, and/or watcher service required by the Railway for the safety of Railway operations because of work being performed by the contractor , or in connection therewith , and which the Railway requires that the contractor provide will be reimbursed by the Department at the actual incurred cost for such services with no contractor mark -up allowed. The contractor shall furnish documentation of railway invoices and evidence of payment before reimbursement by the Department. The contractor shall notify the Railway 72 hours in advance of when railway services are required.
8.The contractor will be required to reimburse monthly the Railway for the cost of all services performed by the Railway for the contractor, and furnish the D epartment satisfactory evidence that the Railway has acknowledged receipt of payment before final acceptance.
9.During construction of piers or other supports or structures adjacent to any track or of drainage pipe or structure under or adjacent to any track of the Railway, the contractor shall make adequate provisions against sliding, shifting, sinking or in any way disturbing the railway embankment and track adjacent to said piers, supports or structures due to construction operations by driving temporary s heeting or by other means satisfactory to the Department and Railway.
10.Before commencing work on any pier or structure adjacent to any track, or on any structure and parts thereof which carry Railway facilities, the contractor shall submit to the engineer, prints of the proposed sheeting, shoring, bracing and falsework details for protection of the Railway's track and embankment and shall submit prints of the shop drawings or other contractor's detailed plans for structures and parts thereof which will carr y Railway facilities. This submittal shall include proposed methods of construction and be accompanied by supporting data, including design computations, soil descriptions and other pertinent information. After acceptance by the engineer, four prints of th e above plans, shop drawings and details bearing the seal of a registered Civil Engineer, with supporting data and documents, shall be forwarded to the Railway for approval. Prior to beginning work on Railway right -of-way, the shop drawings and details, wi th supporting data and documents, shall be approved by the Railway.
11.The contractor shall possess the required Railroad permits and notify the Railway's representative in writing at least one week in advance of the proposed time of the beginning of construc tion of piers, supports or structures adjacent to the track or of drainage pipe or structure under or adjacent to the track.
12.The following temporary clearances are the minimum which shall be maintained during construction operations: Vertical: 22.5 feet above top of highest rail. Horizontal: 10.0 feet from centerline of the nearest rail measured at right angles thereto. If lesser clearances are required for any part of the work, the contractor shall secure written authorization from the Railway's represe ntative for such lesser clearances in advance of the start of work on that portion of the project along, on, over, under or across the right -of-way or tracks of the Railway.
13.The contractor shall not store or construct falsework or store materials, supplies or equipment closer than 15.0 feet from the centerline of the nearest rail, measured at right angles thereto, or 22.5 feet vertically from top of rail.
14.Unless otherwise specified by special provisions or waived by the railroad, the contractor shall provid e insurance of the following kinds and amounts: 14.1. Regular Contractor's Public Liability and Property Damage Insurance, including automobile, issued in the name of the contractor shall be written to furnish protection to the contractor respecting operations in performing work covered by the contract in re gard to the liability with respect to bodily injury to or death of persons, and injury to or destruction of property, which may be suffered by persons other than the contractor's employees as a result of operations in connection with construction of highwa y projects located wholly or partly within railroad right -of-way. 14.2. When a contractor sublets a part of the work on any project to a subcontractor, the contractor shall be required to secure insurance protection in the contractor's own behalf under C ontractor's Public Liability and Property Damage Insurance policies to cover any liability imposed on the contractor by law for damages due to bodily injury to or death of persons and injury to or destruction of property as a result of work undertaken by s uch subcontractors. In addition, the contractor shall provide for, and on behalf of, any such subcontractors protection to cover like liability imposed upon the latter as a result of their operations by means of separate and individual Contractor's Public Liability and Property Damage policies. As an alternative, each subcontractor shall provide satisfactory insurance as described herein on the subcontractor's own behalf to cover the subcontractor's individual operations. 14.3. Railroad Protective Liabil ity Insurance shall be purchased on behalf of the Railway by the contractor. The standards for Railroad Protective Liability Insurance shall be in accordance with provisions of the Federal -Aid Policy Guide (FAPG) Part 646 as amended. Proof of Railroad Protective Liability Insurance, with the policy period effective until final acceptance of the project, must be submitted in accordance with 103.06 . The limits of liability for the kinds of insurance required above shall be as follows: RAILROAD INSURANCE COVERAGE (other than AMTRAK) (1), (2) and (3) Combined Single Limit for Bodily Injury Liability, Property Damage Liability and Physical Damage to: Property - $2,000,000 per occurrence Aggregate Limit - $6,000,000 for the term of the policy AMTRAK COVERAGE (1), (2) and (3) Combined Single Limit for Bodily Injury Liability, Property Damage Liability and Physical Damage to: Property - $6,000,000 per occurrence Aggregate Limit - $12,000,000 for the term of the policy The name of the Railway and the ratio of the estimated cost of operations within the Railway's property to the total estimated project cost, expressed by percent, will be specified in the project specifications. No direct payment will be made for providing the required insurance coverage by the contractor.
15.The insurance specified shall be kept in force until final acceptance of the contract. Proof of Insurance is required at the project site anytime work is in progress on or near the Railroad.
16.The contractor shall indemnify the Railway, it s officers and employees from all suits, actions, or claims brought because of injuries or damages sustained by any person or property due to operations of the contractor; due to negligence in safeguarding the work; or use of unacceptable materials in cons tructing the work; or any negligent act, omission or misconduct of the contractor; or claims or amounts recovered from infringements of patent, trademark, or copyright.
17.Upon completion of the work, the contractor shall, within 10 calendar days, remove from within the limits of the Railway's right -of-way all machinery, equipment, surplus materials, falsework, rubbish, or temporary buildings of said contractor, and restore the Railway's premises substantially to their former condition or documented proposed c onditions agreed upon by the Railroad, Department, and Contractor as satisfactory to the Railway's representative. Should the contractor fail to make such removal and restoration within 10 calendar days, the Railway shall have the right to make such remova l or restoration. The expense incurred shall be chargeable to the project on the Railway's force account statement and the Department will reimburse the Railway for such work. The amount will be deducted from payments due the contractor. All costs incurred under this subsection, other than as provided in
107.08 7, or for which payment is elsewhere provided, shall be included in
the contract prices of other pay items. Prior to final acceptance of the project, the contractor shall secure a Certificate of Final Inspection and Payment, as found on the Department’s website, signed by both the Department representative and a duly authorized railroad company representative, and furnish same to the Department stating that the contractor has satisfactorily restored the Railway's premises and has completed payments for all railway services performed for the contractor's account . If the contractor is unable to secure a Certificat e of Final Inspection and Payment from the Railway, the contractor shall submit to the engineer an executed Contractor's Sworn Railroad Affidavit, in which the Contractor warrants (1) the work the Contractor performed on railway right -of-way; (2) that, despite a diligent effort, the Contractor was unable to acquire the Certificate of Final Inspection and Payment from the railroad company; (3) that all work on railway right -of-way complies with and conforms to all contract documents and railwa y requirements; (4) that the Contractor has made all payments and reimbursements required by the railroad company and its respective right -of-access agreement; (5) that the Contractor has removed all his machinery, equipment, materials, falsework, rubbish, and temporary structures from railway right -of-way and has returned or restored railway property to a condition equal to or better than its former condition. In addition, on said affidavit, t he Contractor shall agree to (1) indemnify, defend, and hold the Department harmless from and against all claims, demands, causes of action, or rights of action arising from or related to any negligent or intentional act, omission, or misconduct of the contractor on the railway right -of-way, and (2) i n the event of a claim or legal action asserting liability covered by the Contractor’s Sworn Railroad Affidavit , regardless of the merits of the claim or legal action and whether or not the Department is cast in judgment based on such a claim or legal action, the Contractor agrees to indemnify the Department in the amount of any litigation related costs, including, without limitation, attorneys’ fees and expert witness fees and costs, incurred by the Department in connection with such a claim or legal action covere d by the Contractor’s Sworn Railroad Affidavit.
107.09 NAVIGABLE WATERS AND WETLANDS. All work in, over,
or adjacent to navigable waters or wetlands shall be conducted in accordance with rules and regulations of the U. S. Army Corps of Engineers and U. S. Coast Guard. Navigable clearances on waterways shall not be infringed upon, and exist ing navigable depths shall not be impaired except as allowed by permits issued by the responsible agency. The Department will obtain a permit from the U. S. Coast Guard and U.S. Army Corps of Engineers relative to approval of construction plans for bridges, causeways, embankments, dredging, spoil disposal, etc., for work in navigable waters or wetlands. The contractor will be furnished a copy of the permit and shall comply with all provisions and conditions of the permit. When required by permit, up on completion and before final acceptance of the project, the contractor shall furnish the Bridge Design Engineer 8-by-10-inch color photographs of the bridge from abutment to abutment, two photographs looking upstream and two looking downstream. The prin ts shall be glossy finish, mounted on linen. These photographs will be furnished at no direct pay. In addition, on said affidavit, t he Contractor shall agree to (1) indemnify, defend, and hold the Department harmless from and against all claims, demands, causes of action, or rights of action arising from or related to any negligent or intentional act, omission, or misconduct of the contractor on the railway right -of-way, and (2) i n the event of a claim or legal action asserting liability covered by the Contractor’s Sworn Railroad Affidavit , regardless of the merits of the claim or legal action and whether or not the Department is cast in judgment based on such a claim or legal action, the Contractor agrees to indemnify the Department in the amount of any litigation related costs, including, without limitation, attorneys’ fees and expert witness fees and costs, incurred by the Department in connection with such a claim or legal action covere d by the Contractor’s Sworn Railroad Affidavit.
107.09 NAVIGABLE WATERS AND WETLANDS. All work in, over,
or adjacent to navigable waters or wetlands shall be conducted in accordance with rules and regulations of the U. S. Army Corps of Engineers and U. S. Coast Guard. Navigable clearances on waterways shall not be infringed upon, and exist ing navigable depths shall not be impaired except as allowed by permits issued by the responsible agency. The Department will obtain a permit from the U. S. Coast Guard and U.S. Army Corps of Engineers relative to approval of construction plans for bridges, causeways, embankments, dredging, spoil disposal, etc., for work in navigable waters or wetlands. The contractor will be furnished a copy of the permit and shall comply with all provisions and conditions of the permit. When required by permit, up on completion and before final acceptance of the project, the contractor shall furnish the Bridge Design Engineer 8-by-10-inch color photographs of the bridge from abutment to abutment, two photographs looking upstream and two looking downstream. The prin ts shall be glossy finish, mounted on linen. These photographs will be furnished at no direct pay. The contractor shall prepare reproducible drawings complying with the standards of the U. S. Coast Guard and the U. S. Army Corps of Engineers showing falsew ork construction, test piles or other temporary pile driving operations, erection sequence, temporary navigational lighting, location of equipment and barges in the navigable limits and other drawings required by the permit agencies. Drawing sizes shall be 8-by-10 1/2 inches with a 1 -inch border on the top or short side. The drawings shall be submitted to the Bridge Design Engineer for acceptance and transmittal to the appropriate agency for approval. Construction of falsework, test pile operations and erec tion or operation of construction equipment within the navigable limits shall not commence until drawings are approved. The contractor shall display lights on equipment operating, berthed, or moored in navigable streams, and provide temporary navigational lighting on temporary and permanent construction in the navigable limits as required by the U. S. Coast Guard. Should the contractor sink, lose, or throw overboard any material, machinery, or equipment which may be dangerous to navigation, it shall be imme diately removed or recovered. The contractor shall give immediate notice of such obstruction to proper authorities and, if required, shall mark or buoy such obstruction until it is removed. The contractor shall not deposit excavated material into the wate r-way or wetland without a permit from the appropriate agency. All operations in connection with the work shall be in accordance with permits, rules and regulations of the U. S. Army Corps of Engineers and the
U.S. Coast Guard. Deviations therefrom shall be only by special permission or special permit which shall be the responsibility of the contractor. Failure of the contractor to become familiar with the terms, conditions and provisions of the permits, rules and regulations applicable to the work shall not relieve the contractor of responsibility under the contract. The contractor shall conduct operations to cause minimum interference with marine operations. If interference is necessary, the contractor shall notify the Department’s Bridge Design Engineer, in writing, sufficiently in advance so that the Department may obtain approval from the U. S. Coast Guard at least 3 weeks prior to said interference. Copies of Department obtained permits are available from the Department’s Environmental Section. Copies of any special permits obtained by the contractor shall be submitted immediately to the Bridge Design Engineer.
107.10 BARRICADES AND WARNING SIGNS. The contractor shall
provide, erect , and maintain necessary barricades, suitable lights, danger signals, signs , and other traffic control devices, including flaggers, and shall take all necessary precautions for protection of the work and safety of the public. Highways closed to traffic shall be protected by effective barricades. Suitable warning signs shall be provided to direct traffic. The contractor shall erect and maintain warning signs in advance of any place on the project where operations may interfere with traffic, and at intermediate points where new work crosses or coincides with an existing road. Barricades, warning signs, lights, temporary signals, and other protective devices shall conform to the details shown on the plans and the MUTCD.
107.10.1 Certification: Prior to installation, the contractor shall
furnish the engineer a listing of all the Category II and III devices to be used on the project, including a reference to the FHWA Work Zone letter number for each device . FHWA letters of approval shall serve as verification that these devices comply with the crash testing requirements of NCHRP Report 350 or MASH. Provide a certificate of compliance indicating the producer/supplier code for all barricades and warning signs delivered to the project.
107.11 USE OF EXPLOSIVES. Explosives shall not be used without
written approval from Chief Construction Engineer. When explosives are used, the contractor shall not endanger life or property. The use of explosives shall be in compliance with all laws and ordinances. The contractor shall be responsible for all damage resulting from the use of explosives. Explosives shall be securely stored, in compliance with all laws and ordinances. Such storage places shall be clearly marked. When no local laws or ordinances apply, satisfactory storage shall be provided not closer than 1,000 feet from any road, building or place of huma n occupancy. The contractor shall notify, in writing, each utility company and affected property owner having facilities in proximity to the site of work of the intention to use explosives. Such notices shall be given sufficiently in advance to enable them to protect their property from damage.
107.12 Preservation of Public and Private Property.
The contractor shall be responsible for preservation of public and private property and shall protect from disturbance and damage all land
107.10 BARRICADES AND WARNING SIGNS. The contractor shall
provide, erect , and maintain necessary barricades, suitable lights, danger signals, signs , and other traffic control devices, including flaggers, and shall take all necessary precautions for protection of the work and safety of the public. Highways closed to traffic shall be protected by effective barricades. Suitable warning signs shall be provided to direct traffic. The contractor shall erect and maintain warning signs in advance of any place on the project where operations may interfere with traffic, and at intermediate points where new work crosses or coincides with an existing road. Barricades, warning signs, lights, temporary signals, and other protective devices shall conform to the details shown on the plans and the MUTCD.
107.10.1 Certification: Prior to installation, the contractor shall
furnish the engineer a listing of all the Category II and III devices to be used on the project, including a reference to the FHWA Work Zone letter number for each device . FHWA letters of approval shall serve as verification that these devices comply with the crash testing requirements of NCHRP Report 350 or MASH. Provide a certificate of compliance indicating the producer/supplier code for all barricades and warning signs delivered to the project.
107.11 USE OF EXPLOSIVES. Explosives shall not be used without
written approval from Chief Construction Engineer. When explosives are used, the contractor shall not endanger life or property. The use of explosives shall be in compliance with all laws and ordinances. The contractor shall be responsible for all damage resulting from the use of explosives. Explosives shall be securely stored, in compliance with all laws and ordinances. Such storage places shall be clearly marked. When no local laws or ordinances apply, satisfactory storage shall be provided not closer than 1,000 feet from any road, building or place of huma n occupancy. The contractor shall notify, in writing, each utility company and affected property owner having facilities in proximity to the site of work of the intention to use explosives. Such notices shall be given sufficiently in advance to enable them to protect their property from damage.
107.12 Preservation of Public and Private Property.
The contractor shall be responsible for preservation of public and private property and shall protect from disturbance and damage all land
107.10 BARRICADES AND WARNING SIGNS. The contractor shall
provide, erect , and maintain necessary barricades, suitable lights, danger signals, signs , and other traffic control devices, including flaggers, and shall take all necessary precautions for protection of the work and safety of the public. Highways closed to traffic shall be protected by effective barricades. Suitable warning signs shall be provided to direct traffic. The contractor shall erect and maintain warning signs in advance of any place on the project where operations may interfere with traffic, and at intermediate points where new work crosses or coincides with an existing road. Barricades, warning signs, lights, temporary signals, and other protective devices shall conform to the details shown on the plans and the MUTCD.
107.10.1 Certification: Prior to installation, the contractor shall
furnish the engineer a listing of all the Category II and III devices to be used on the project, including a reference to the FHWA Work Zone letter number for each device . FHWA letters of approval shall serve as verification that these devices comply with the crash testing requirements of NCHRP Report 350 or MASH. Provide a certificate of compliance indicating the producer/supplier code for all barricades and warning signs delivered to the project.
107.11 USE OF EXPLOSIVES. Explosives shall not be used without
written approval from Chief Construction Engineer. When explosives are used, the contractor shall not endanger life or property. The use of explosives shall be in compliance with all laws and ordinances. The contractor shall be responsible for all damage resulting from the use of explosives. Explosives shall be securely stored, in compliance with all laws and ordinances. Such storage places shall be clearly marked. When no local laws or ordinances apply, satisfactory storage shall be provided not closer than 1,000 feet from any road, building or place of huma n occupancy. The contractor shall notify, in writing, each utility company and affected property owner having facilities in proximity to the site of work of the intention to use explosives. Such notices shall be given sufficiently in advance to enable them to protect their property from damage.
107.12 Preservation of Public and Private Property.
The contractor shall be responsible for preservation of public and private property and shall protect from disturbance and damage all land
107.10 BARRICADES AND WARNING SIGNS. The contractor shall
provide, erect , and maintain necessary barricades, suitable lights, danger signals, signs , and other traffic control devices, including flaggers, and shall take all necessary precautions for protection of the work and safety of the public. Highways closed to traffic shall be protected by effective barricades. Suitable warning signs shall be provided to direct traffic. The contractor shall erect and maintain warning signs in advance of any place on the project where operations may interfere with traffic, and at intermediate points where new work crosses or coincides with an existing road. Barricades, warning signs, lights, temporary signals, and other protective devices shall conform to the details shown on the plans and the MUTCD.
107.10.1 Certification: Prior to installation, the contractor shall
furnish the engineer a listing of all the Category II and III devices to be used on the project, including a reference to the FHWA Work Zone letter number for each device . FHWA letters of approval shall serve as verification that these devices comply with the crash testing requirements of NCHRP Report 350 or MASH. Provide a certificate of compliance indicating the producer/supplier code for all barricades and warning signs delivered to the project.
107.11 USE OF EXPLOSIVES. Explosives shall not be used without
written approval from Chief Construction Engineer. When explosives are used, the contractor shall not endanger life or property. The use of explosives shall be in compliance with all laws and ordinances. The contractor shall be responsible for all damage resulting from the use of explosives. Explosives shall be securely stored, in compliance with all laws and ordinances. Such storage places shall be clearly marked. When no local laws or ordinances apply, satisfactory storage shall be provided not closer than 1,000 feet from any road, building or place of huma n occupancy. The contractor shall notify, in writing, each utility company and affected property owner having facilities in proximity to the site of work of the intention to use explosives. Such notices shall be given sufficiently in advance to enable them to protect their property from damage.
107.12 Preservation of Public and Private Property.
The contractor shall be responsible for preservation of public and private property and shall protect from disturbance and damage all land
107.10 BARRICADES AND WARNING SIGNS. The contractor shall
provide, erect , and maintain necessary barricades, suitable lights, danger signals, signs , and other traffic control devices, including flaggers, and shall take all necessary precautions for protection of the work and safety of the public. Highways closed to traffic shall be protected by effective barricades. Suitable warning signs shall be provided to direct traffic. The contractor shall erect and maintain warning signs in advance of any place on the project where operations may interfere with traffic, and at intermediate points where new work crosses or coincides with an existing road. Barricades, warning signs, lights, temporary signals, and other protective devices shall conform to the details shown on the plans and the MUTCD.
107.10.1 Certification: Prior to installation, the contractor shall
furnish the engineer a listing of all the Category II and III devices to be used on the project, including a reference to the FHWA Work Zone letter number for each device . FHWA letters of approval shall serve as verification that these devices comply with the crash testing requirements of NCHRP Report 350 or MASH. Provide a certificate of compliance indicating the producer/supplier code for all barricades and warning signs delivered to the project.
107.11 USE OF EXPLOSIVES. Explosives shall not be used without
written approval from Chief Construction Engineer. When explosives are used, the contractor shall not endanger life or property. The use of explosives shall be in compliance with all laws and ordinances. The contractor shall be responsible for all damage resulting from the use of explosives. Explosives shall be securely stored, in compliance with all laws and ordinances. Such storage places shall be clearly marked. When no local laws or ordinances apply, satisfactory storage shall be provided not closer than 1,000 feet from any road, building or place of huma n occupancy. The contractor shall notify, in writing, each utility company and affected property owner having facilities in proximity to the site of work of the intention to use explosives. Such notices shall be given sufficiently in advance to enable them to protect their property from damage.
107.12 Preservation of Public and Private Property.
The contractor shall be responsible for preservation of public and private property and shall protect from disturbance and damage all land monuments, property line markers or horizontal and vertical control monuments such as those established by the United States Coast and Geodetic Survey, National Geodetic Survey, Louisiana Geodetic Survey, Louisiana DOTD, Corps of Engineers, or United States Geological Survey. Befo re removing and/or resetting any survey monuments, the contractor shall give sufficient written advance notice to the engineer with a copy to the Department's Location and Survey Section for coordination with the appropriate agency. The contractor shall not disturb or move any such monument without written approval. The contractor shall give immediate written notice to the engineer, with a copy to the Department's Location and Survey Section, of damage to survey monuments. The engineer will designate the location and manner in which monuments are to be reset in accordance with current Department procedures. The contractor shall be responsible for damage to property during the work due to any negligent act, omission or misconduct in executing the work, or due to defective work or materials. This responsibility will not end until final acceptance. When damage is done to public or private property by the contractor due to any negligent act, omission or misconduct in execution of the work, or in consequence of nonexecution thereof by the contractor, such property shall be restored at the contractor's expense, to a condition similar or equal to that existing before such damage was done, by repairing, rebuilding or otherwise acceptably restoring as directed, or making good such damage in an acceptable manner.
107.13 FOREST PROTECTION. In carrying out work within or
adjacent to State or National Forests, the contractor shall comply with all regulations of the Department of Public Safety Office of the State Fire Marshal, Department of Wildlife and Fisheries/Wildlife Division, and the Department of Agriculture and Forestry or other authority having jurisdiction governing protection of forests and performance of work within forests. The contractor shall observe all sanitary laws and regulations with respect to performance of work in forest areas. The contractor shall keep the areas in an orderly condition, dispose of all refuse, and obtain permits for construction and maintenance of all construction monuments, property line markers or horizontal and vertical control monuments such as those established by the United States Coast and Geodetic Survey, National Geodetic Survey, Louisiana Geodetic Survey, Louisiana DOTD, Corps of Engineers, or United States Geological Survey. Befo re removing and/or resetting any survey monuments, the contractor shall give sufficient written advance notice to the engineer with a copy to the Department's Location and Survey Section for coordination with the appropriate agency. The contractor shall not disturb or move any such monument without written approval. The contractor shall give immediate written notice to the engineer, with a copy to the Department's Location and Survey Section, of damage to survey monuments. The engineer will designate the location and manner in which monuments are to be reset in accordance with current Department procedures. The contractor shall be responsible for damage to property during the work due to any negligent act, omission or misconduct in executing the work, or due to defective work or materials. This responsibility will not end until final acceptance. When damage is done to public or private property by the contractor due to any negligent act, omission or misconduct in execution of the work, or in consequence of nonexecution thereof by the contractor, such property shall be restored at the contractor's expense, to a condition similar or equal to that existing before such damage was done, by repairing, rebuilding or otherwise acceptably restoring as directed, or making good such damage in an acceptable manner.
107.13 FOREST PROTECTION. In carrying out work within or
adjacent to State or National Forests, the contractor shall comply with all regulations of the Department of Public Safety Office of the State Fire Marshal, Department of Wildlife and Fisheries/Wildlife Division, and the Department of Agriculture and Forestry or other authority having jurisdiction governing protection of forests and performance of work within forests. The contractor shall observe all sanitary laws and regulations with respect to performance of work in forest areas. The contractor shall keep the areas in an orderly condition, dispose of all refuse, and obtain permits for construction and maintenance of all construction camps, stor es, warehouses, residences, latrines, cesspools, septic tanks and other structures in accordance with requirements of the forest supervisor. The contractor shall take reasonable precaution to prevent and suppress forest fires and shall require employees an d subcontractors, both independently and at the request of forest officials, to do all that is reasonable within their power to prevent and suppress forest fires and to notify a forest official at the earliest possible moment of the location and extent of any fire seen by them.
107.14 ENVIRONMENTAL PROTECTION. The contractor shall
comply with federal, state and local laws and regulations controlling pollution of the environment, including air, water and noise. The contractor shall take precautions to prevent pollution of waters and wetlands with fuels, oils, asphalts, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. Attention is directed to Section 204 , Temporary Erosion Control. The contractor certifies under penalty of law that he understands and will abide by the terms and conditions of the Storm Water Pollution Prevention Plan (SWPPP) and the Natio nal Pollution Discharge Elimination System (NPDES) General Permit that require the discharges from construction sites be managed to prevent pollutants from entering waters of the United States in accordance with the Environmental Protection Agency's (EPA) regulations for storm water discharges with respect to 33 U.S.C. § 1342 (Sections 402 (p) and 405 of Public Law 100 -4). The use of erosion control features or methods other than those in the contract shall be as directed. The Storm Water Pollution Prevent ion Plan shall be comprised of all components specified in the U.S. Environmental Protection Agency document entitled, “Storm Water Management for Construction Activities,” and shall include Section 204 , Temporary Erosion Control of the standard specifications along with applicable supplemental specifications, special provisions, and the plans. camps, stor es, warehouses, residences, latrines, cesspools, septic tanks and other structures in accordance with requirements of the forest supervisor. The contractor shall take reasonable precaution to prevent and suppress forest fires and shall require employees an d subcontractors, both independently and at the request of forest officials, to do all that is reasonable within their power to prevent and suppress forest fires and to notify a forest official at the earliest possible moment of the location and extent of any fire seen by them.
107.14 ENVIRONMENTAL PROTECTION. The contractor shall
comply with federal, state and local laws and regulations controlling pollution of the environment, including air, water and noise. The contractor shall take precautions to prevent pollution of waters and wetlands with fuels, oils, asphalts, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. Attention is directed to Section 204 , Temporary Erosion Control. The contractor certifies under penalty of law that he understands and will abide by the terms and conditions of the Storm Water Pollution Prevention Plan (SWPPP) and the Natio nal Pollution Discharge Elimination System (NPDES) General Permit that require the discharges from construction sites be managed to prevent pollutants from entering waters of the United States in accordance with the Environmental Protection Agency's (EPA) regulations for storm water discharges with respect to 33 U.S.C. § 1342 (Sections 402 (p) and 405 of Public Law 100 -4). The use of erosion control features or methods other than those in the contract shall be as directed. The Storm Water Pollution Prevent ion Plan shall be comprised of all components specified in the U.S. Environmental Protection Agency document entitled, “Storm Water Management for Construction Activities,” and shall include Section 204 , Temporary Erosion Control of the standard specifications along with applicable supplemental specifications, special provisions, and the plans. Construction operations in rivers, streams, lakes, tidal waters, reservoirs, canals, and other impoundments will be restricted to areas where it is necessary to perform filling or excavation to accomplish the work and areas which must be entered to construct temporary or permanent structures. Operations in navigable wa ters, wetlands, or other waters of the United States require permits. It is the responsibility of the contractor to ensure all appropriate permits are obtained prior to commencement of operations. As soon as conditions permit, streams and impoundments shal l be cleared of temporary obstructions placed therein or caused by construction operations. Frequent fording of streams with construction equipment will not be permitted. No residue from dust collectors or washers shall be dumped into a stream. Attention i s further directed to the federal, state, and local air pollution control programs and their rules and regulations regarding air pollution, especially open burning, fugitive dust and asphalt concrete plant restrictions. The contractor shall maintain and op erate equipment to minimize noise and vibration as well as comply with local noise ordinances. Engines shall be equipped with properly functioning mufflers. The contractor shall assure the activities near noise and vibration sensitive areas, such as churc hes, hospitals, and schools are not unduly disruptive.
107.15 AIR NAVIGATION. The Department will obtain a permit (or a
determination of no hazard to air navigation) from the FAA for all permanent structures. The contractor will be furnished a copy of the permit , if requested. If the contractor's equipment, falsework, etc. is classified as a hazard to aerial navigation, the contractor shall prepare drawings complying with the FAA current requirements for temporary lighting for protection of aerial navigation. Th ese drawings shall be submitted to the Bridge Design Engineer and Project Engineer for review and transmittal to the FAA for approval. Operations in connection with the work for protection of aerial navigation shall be in accordance with the approved draw ings and applicable federal regulations. Failure of the contractor to be familiar with applicable rules and regulations of the FAA will not relieve the contractor of responsibility under the contract.
107.16 HAZARD ZONES. If any portion of the work is determined to be
within a known hazard zone, the presence of such hazards will be noted in Construction operations in rivers, streams, lakes, tidal waters, reservoirs, canals, and other impoundments will be restricted to areas where it is necessary to perform filling or excavation to accomplish the work and areas which must be entered to construct temporary or permanent structures. Operations in navigable wa ters, wetlands, or other waters of the United States require permits. It is the responsibility of the contractor to ensure all appropriate permits are obtained prior to commencement of operations. As soon as conditions permit, streams and impoundments shal l be cleared of temporary obstructions placed therein or caused by construction operations. Frequent fording of streams with construction equipment will not be permitted. No residue from dust collectors or washers shall be dumped into a stream. Attention i s further directed to the federal, state, and local air pollution control programs and their rules and regulations regarding air pollution, especially open burning, fugitive dust and asphalt concrete plant restrictions. The contractor shall maintain and op erate equipment to minimize noise and vibration as well as comply with local noise ordinances. Engines shall be equipped with properly functioning mufflers. The contractor shall assure the activities near noise and vibration sensitive areas, such as churc hes, hospitals, and schools are not unduly disruptive.
107.15 AIR NAVIGATION. The Department will obtain a permit (or a
determination of no hazard to air navigation) from the FAA for all permanent structures. The contractor will be furnished a copy of the permit , if requested. If the contractor's equipment, falsework, etc. is classified as a hazard to aerial navigation, the contractor shall prepare drawings complying with the FAA current requirements for temporary lighting for protection of aerial navigation. Th ese drawings shall be submitted to the Bridge Design Engineer and Project Engineer for review and transmittal to the FAA for approval. Operations in connection with the work for protection of aerial navigation shall be in accordance with the approved draw ings and applicable federal regulations. Failure of the contractor to be familiar with applicable rules and regulations of the FAA will not relieve the contractor of responsibility under the contract.
107.16 HAZARD ZONES. If any portion of the work is determined to be
within a known hazard zone, the presence of such hazards will be noted in Construction operations in rivers, streams, lakes, tidal waters, reservoirs, canals, and other impoundments will be restricted to areas where it is necessary to perform filling or excavation to accomplish the work and areas which must be entered to construct temporary or permanent structures. Operations in navigable wa ters, wetlands, or other waters of the United States require permits. It is the responsibility of the contractor to ensure all appropriate permits are obtained prior to commencement of operations. As soon as conditions permit, streams and impoundments shal l be cleared of temporary obstructions placed therein or caused by construction operations. Frequent fording of streams with construction equipment will not be permitted. No residue from dust collectors or washers shall be dumped into a stream. Attention i s further directed to the federal, state, and local air pollution control programs and their rules and regulations regarding air pollution, especially open burning, fugitive dust and asphalt concrete plant restrictions. The contractor shall maintain and op erate equipment to minimize noise and vibration as well as comply with local noise ordinances. Engines shall be equipped with properly functioning mufflers. The contractor shall assure the activities near noise and vibration sensitive areas, such as churc hes, hospitals, and schools are not unduly disruptive.
107.15 AIR NAVIGATION. The Department will obtain a permit (or a
determination of no hazard to air navigation) from the FAA for all permanent structures. The contractor will be furnished a copy of the permit , if requested. If the contractor's equipment, falsework, etc. is classified as a hazard to aerial navigation, the contractor shall prepare drawings complying with the FAA current requirements for temporary lighting for protection of aerial navigation. Th ese drawings shall be submitted to the Bridge Design Engineer and Project Engineer for review and transmittal to the FAA for approval. Operations in connection with the work for protection of aerial navigation shall be in accordance with the approved draw ings and applicable federal regulations. Failure of the contractor to be familiar with applicable rules and regulations of the FAA will not relieve the contractor of responsibility under the contract.
107.16 HAZARD ZONES. If any portion of the work is determined to be
within a known hazard zone, the presence of such hazards will be noted in the plans or project specifications to the extent that definite information can be obtained on these situations. It shall be the responsibility of the contractor to arrange and coordinate the work in the area with the agency or agencies concerned. The contractor shall obtain from the Department and submit to the engineer the Department's Standard Release Form signed by the agency involved stating that the contractor has satis factorily discharged the obligations under terms of the arrangements. This form shall be submitted with the required signatures. Failure of the Department to determine the presence of all hazards and to note same o n the plans or in the project specificati ons shall not relieve the contractor from performing any required work.
107.17 DAMAGE CLAIMS. The contractor shall indemnify, defend, and
hold the Department, its officers and employees harmless from all suits, actions, or claims brought because of injuries or d amage sustained by any person or property due to operations of the contractor in connection with the Contract; due to negligence in safeguarding the work; or use of unacceptable materials in constructing the work; or any negligent or intentional act, omiss ion or misconduct of the contractor; or claims or amounts recovered from infringements of patent, trademark or copyright; or from claims or amounts arising or recovered under the Workmen's Compensation Act or other law, ordinance, order or decree. Any mo ney due the contractor as considered necessary by the Department for such purpose, may be retained for use of the State; or, in case no money is due, the surety bond may be held until such suits, actions, claims for injuries or damages have been settled a nd suitable evidence to that effect furnished to the Department; except that money due the contractor will not be withheld when the contractor produces satisfactory evidence that adequate Workman's Compensation, Public Liability, and Property Damage Insura nce are in effect.
107.18 OPENING SECTIONS TO TRAFFIC. Opening of sections of
the work to traffic prior to completion of the entire contract may be desirable from a traffic service standpoint, or may be necessary due to conditions inherent in the work or by chan ges in the contractor's work schedule, or may be required due to conditions or events unforeseen at the time of the contract. Such openings shall be made when directed and shall the plans or project specifications to the extent that definite information can be obtained on these situations. It shall be the responsibility of the contractor to arrange and coordinate the work in the area with the agency or agencies concerned. The contractor shall obtain from the Department and submit to the engineer the Department's Standard Release Form signed by the agency involved stating that the contractor has satis factorily discharged the obligations under terms of the arrangements. This form shall be submitted with the required signatures. Failure of the Department to determine the presence of all hazards and to note same o n the plans or in the project specificati ons shall not relieve the contractor from performing any required work.
107.17 DAMAGE CLAIMS. The contractor shall indemnify, defend, and
hold the Department, its officers and employees harmless from all suits, actions, or claims brought because of injuries or d amage sustained by any person or property due to operations of the contractor in connection with the Contract; due to negligence in safeguarding the work; or use of unacceptable materials in constructing the work; or any negligent or intentional act, omiss ion or misconduct of the contractor; or claims or amounts recovered from infringements of patent, trademark or copyright; or from claims or amounts arising or recovered under the Workmen's Compensation Act or other law, ordinance, order or decree. Any mo ney due the contractor as considered necessary by the Department for such purpose, may be retained for use of the State; or, in case no money is due, the surety bond may be held until such suits, actions, claims for injuries or damages have been settled a nd suitable evidence to that effect furnished to the Department; except that money due the contractor will not be withheld when the contractor produces satisfactory evidence that adequate Workman's Compensation, Public Liability, and Property Damage Insura nce are in effect.
107.18 OPENING SECTIONS TO TRAFFIC. Opening of sections of
the work to traffic prior to completion of the entire contract may be desirable from a traffic service standpoint, or may be necessary due to conditions inherent in the work or by chan ges in the contractor's work schedule, or may be required due to conditions or events unforeseen at the time of the contract. Such openings shall be made when directed and shall the plans or project specifications to the extent that definite information can be obtained on these situations. It shall be the responsibility of the contractor to arrange and coordinate the work in the area with the agency or agencies concerned. The contractor shall obtain from the Department and submit to the engineer the Department's Standard Release Form signed by the agency involved stating that the contractor has satis factorily discharged the obligations under terms of the arrangements. This form shall be submitted with the required signatures. Failure of the Department to determine the presence of all hazards and to note same o n the plans or in the project specificati ons shall not relieve the contractor from performing any required work.
107.17 DAMAGE CLAIMS. The contractor shall indemnify, defend, and
hold the Department, its officers and employees harmless from all suits, actions, or claims brought because of injuries or d amage sustained by any person or property due to operations of the contractor in connection with the Contract; due to negligence in safeguarding the work; or use of unacceptable materials in constructing the work; or any negligent or intentional act, omiss ion or misconduct of the contractor; or claims or amounts recovered from infringements of patent, trademark or copyright; or from claims or amounts arising or recovered under the Workmen's Compensation Act or other law, ordinance, order or decree. Any mo ney due the contractor as considered necessary by the Department for such purpose, may be retained for use of the State; or, in case no money is due, the surety bond may be held until such suits, actions, claims for injuries or damages have been settled a nd suitable evidence to that effect furnished to the Department; except that money due the contractor will not be withheld when the contractor produces satisfactory evidence that adequate Workman's Compensation, Public Liability, and Property Damage Insura nce are in effect.
107.18 OPENING SECTIONS TO TRAFFIC. Opening of sections of
the work to traffic prior to completion of the entire contract may be desirable from a traffic service standpoint, or may be necessary due to conditions inherent in the work or by chan ges in the contractor's work schedule, or may be required due to conditions or events unforeseen at the time of the contract. Such openings shall be made when directed and shall not constitute acceptance of the work nor a part thereof or a waiver of any provisions of the contract. The plans or project specifications will specify, insofar as possible, which sections shall be opened prior to completion of the contract. On any section opened by order of the engineer, when not specified, the contractor will no t be required to assume any expense entailed in maintaining the road for traffic. Such expense will be borne by the Department or compensated for in accordance with 109.04 . On portions of the project which are ordered to be opened for traffic, in the case of unforeseen necessity not the fault of the contractor, compensation for additional expense to the contractor and allowance of additional time for completion of other work on the opened portions of the project shall be as set forth in a change order mutually agreed on by the engineer and the contractor. When the contractor's progress is undesirably slow in completing shoulders, drainage structures or other feature s of the work, the engineer may notify the contractor in writing and establish therein a reasonable period of time in which the work is to be completed. If the contractor fails to make a reasonable effort toward completion in this time period, the engineer may order all or a section of the project opened to traffic. On such sections ordered to be opened, the contractor shall conduct the remainder of construction operations to cause the least obstruction to traffic and shall not receive any added compensati on due to the added cost of the work by reason of opening such section to traffic. On any section opened to traffic under the foregoing conditions, whether specified in the contract or opened by necessity of the contractor's operations or unforeseen necess ity, any damage to the highway not attributable to traffic that occurs on such section (except slides) shall be repaired by the contractor at no direct pay. Removal of slides shall be done by the contractor on a basis agreed to prior to removal of such sli de.
107.19 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until
final acceptance, the contractor shall have garde, charge, and care of the work and roadway within the project limits. In addition, the contractor shall take every precaution against damage to any part there of by action of the elements, vandalism, theft , or from any other cause. The contractor shall rebuild, repair, restore , or pay for damages, including theft and vandalism, not constitute acceptance of the work nor a part thereof or a waiver of any provisions of the contract. The plans or project specifications will specify, insofar as possible, which sections shall be opened prior to completion of the contract. On any section opened by order of the engineer, when not specified, the contractor will no t be required to assume any expense entailed in maintaining the road for traffic. Such expense will be borne by the Department or compensated for in accordance with 109.04 . On portions of the project which are ordered to be opened for traffic, in the case of unforeseen necessity not the fault of the contractor, compensation for additional expense to the contractor and allowance of additional time for completion of other work on the opened portions of the project shall be as set forth in a change order mutually agreed on by the engineer and the contractor. When the contractor's progress is undesirably slow in completing shoulders, drainage structures or other feature s of the work, the engineer may notify the contractor in writing and establish therein a reasonable period of time in which the work is to be completed. If the contractor fails to make a reasonable effort toward completion in this time period, the engineer may order all or a section of the project opened to traffic. On such sections ordered to be opened, the contractor shall conduct the remainder of construction operations to cause the least obstruction to traffic and shall not receive any added compensati on due to the added cost of the work by reason of opening such section to traffic. On any section opened to traffic under the foregoing conditions, whether specified in the contract or opened by necessity of the contractor's operations or unforeseen necess ity, any damage to the highway not attributable to traffic that occurs on such section (except slides) shall be repaired by the contractor at no direct pay. Removal of slides shall be done by the contractor on a basis agreed to prior to removal of such sli de.
107.19 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until
final acceptance, the contractor shall have garde, charge, and care of the work and roadway within the project limits. In addition, the contractor shall take every precaution against damage to any part there of by action of the elements, vandalism, theft , or from any other cause. The contractor shall rebuild, repair, restore , or pay for damages, including theft and vandalism, to the work before final acceptance and shall bear the expense thereof, except for th e following:
1.Guard rail and impact attenuators shall be repaired as soon as possible after damage. If the engineer determines that the contractor did not contribute to the damages, the contractor shall first attempt to collect repair costs from responsible third parties. The Department will reimburse the contractor for such repairs by force account in accordance with 109.04 when responsible parties cannot be identified.
2.Unavoidable damage, except for materials and equipment that are not incorporated into the Project, due to Acts of God as defined in 101.03, or due to/by acts of governmental authorities. In case of suspension of the work, the contractor shall continue to be responsible for the project. The contractor shall take such precautions as necessary to prevent damage to the project, maintain traffic, provide for normal drainage, and erect any neces sary temporary structures, signs or other facilities at no direct pay. During such period of suspension, the contractor shall acceptably maintain all living material in newly established plantings, seedings and soddings furnished under the contract, and sh all take adequate precautions to protect new tree growth and other important vegetative growth against damage. Should suspension of the work not be attributed to any actions of the contractor, the contractor will be reimbursed for additional work.
107.20 UTILITY PROPERTY AND SERVICES. The contractor's
operations adjacent to properties of a railway, utility companies, or other property, damage to which might result in considerable expense, loss, or inconvenience, shall not commence until after all arrangements nec essary for the protection thereof have been made. The contractor shall cooperate with owners of utility lines in their removal and relocation, in order that these operations may progress in a reasonable manner, that duplication of relocation work may be mi nimized and that services rendered by those parties will not be unnecessarily interrupted. In the event of interruption of utility services due to accidental breakage or being exposed or unsupported, the contractor shall promptly notify the proper authorit y and shall cooperate with such authority in restoration of service. If utility service is interrupted, continuous cooperation will be required until service is restored. No work shall be undertaken around fire hydrants until provisions for continued ser vice have been approved by the local fire authority. to the work before final acceptance and shall bear the expense thereof, except for th e following:
1.Guard rail and impact attenuators shall be repaired as soon as possible after damage. If the engineer determines that the contractor did not contribute to the damages, the contractor shall first attempt to collect repair costs from responsible third parties. The Department will reimburse the contractor for such repairs by force account in accordance with 109.04 when responsible parties cannot be identified.
2.Unavoidable damage, except for materials and equipment that are not incorporated into the Project, due to Acts of God as defined in 101.03, or due to/by acts of governmental authorities. In case of suspension of the work, the contractor shall continue to be responsible for the project. The contractor shall take such precautions as necessary to prevent damage to the project, maintain traffic, provide for normal drainage, and erect any neces sary temporary structures, signs or other facilities at no direct pay. During such period of suspension, the contractor shall acceptably maintain all living material in newly established plantings, seedings and soddings furnished under the contract, and sh all take adequate precautions to protect new tree growth and other important vegetative growth against damage. Should suspension of the work not be attributed to any actions of the contractor, the contractor will be reimbursed for additional work.
107.20 UTILITY PROPERTY AND SERVICES. The contractor's
operations adjacent to properties of a railway, utility companies, or other property, damage to which might result in considerable expense, loss, or inconvenience, shall not commence until after all arrangements nec essary for the protection thereof have been made. The contractor shall cooperate with owners of utility lines in their removal and relocation, in order that these operations may progress in a reasonable manner, that duplication of relocation work may be mi nimized and that services rendered by those parties will not be unnecessarily interrupted. In the event of interruption of utility services due to accidental breakage or being exposed or unsupported, the contractor shall promptly notify the proper authorit y and shall cooperate with such authority in restoration of service. If utility service is interrupted, continuous cooperation will be required until service is restored. No work shall be undertaken around fire hydrants until provisions for continued ser vice have been approved by the local fire authority.
107.21 FURNISHING RIGHT -OF-WAY. The Department will be
responsible for securing all necessary right -of-way, servitudes and easements in advance of construction.
107.22 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carr ying
out the provisions of these specifications, or in exercising any authority granted to them by the contract, there shall be no liability upon the Secretary, Chief Engineer, or their authorized representatives, either personally or as officials of the S tate, it being understood that in all such matters they act solely as representatives of the State.
107.23 NO WAIVER OF LEGAL RIGHTS. Upon completion of the
work, the Department will make final inspection and then notify the contractor of acceptance within 30 calendar days. Such final acceptance shall not prevent the Department from correcting any measurement, estimate or certificate made before or after completion of the work, nor shall the Department be prevented from recovering from the contractor or the surety, or both, any overpayment it may sustain. The contractor and its surety shall be solidarily liable for any overpayment or added expense incurred by the Department, as provided in the contract or resulting from any deficient performance of the work, in excess of any remaining amounts due the contractor. A waiver by the Department of any breach of any part of the contract shall not be a waiver of any other breach. The contractor, without prejudice to the terms of the contract, shall be liable to the Department for latent defects, fraud or such mistakes as amount to fraud, or as regards the Department's rights under any warranty or guaranty.
107.24 THIRD PARTY LIABILITY. It is agreed between the parties
executing the contract that it is not intended by any provisions of the contract to create the public nor any member thereof a third party beneficiary hereunder, nor to authorize anyone not a party to this contract to main tain a suit for personal injuries or property damage pursuant to the contract.
107.25 ANTI -TRUST VIOLATIONS. By execution of the contract, the
contractor conveys to the Department all rights, title and interest in and to all causes of action it may acquire under Federal and State anti -trust laws,
107.21 FURNISHING RIGHT -OF-WAY. The Department will be
responsible for securing all necessary right -of-way, servitudes and easements in advance of construction.
107.22 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carr ying
out the provisions of these specifications, or in exercising any authority granted to them by the contract, there shall be no liability upon the Secretary, Chief Engineer, or their authorized representatives, either personally or as officials of the S tate, it being understood that in all such matters they act solely as representatives of the State.
107.23 NO WAIVER OF LEGAL RIGHTS. Upon completion of the
work, the Department will make final inspection and then notify the contractor of acceptance within 30 calendar days. Such final acceptance shall not prevent the Department from correcting any measurement, estimate or certificate made before or after completion of the work, nor shall the Department be prevented from recovering from the contractor or the surety, or both, any overpayment it may sustain. The contractor and its surety shall be solidarily liable for any overpayment or added expense incurred by the Department, as provided in the contract or resulting from any deficient performance of the work, in excess of any remaining amounts due the contractor. A waiver by the Department of any breach of any part of the contract shall not be a waiver of any other breach. The contractor, without prejudice to the terms of the contract, shall be liable to the Department for latent defects, fraud or such mistakes as amount to fraud, or as regards the Department's rights under any warranty or guaranty.
107.24 THIRD PARTY LIABILITY. It is agreed between the parties
executing the contract that it is not intended by any provisions of the contract to create the public nor any member thereof a third party beneficiary hereunder, nor to authorize anyone not a party to this contract to main tain a suit for personal injuries or property damage pursuant to the contract.
107.25 ANTI -TRUST VIOLATIONS. By execution of the contract, the
contractor conveys to the Department all rights, title and interest in and to all causes of action it may acquire under Federal and State anti -trust laws,
107.21 FURNISHING RIGHT -OF-WAY. The Department will be
responsible for securing all necessary right -of-way, servitudes and easements in advance of construction.
107.22 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carr ying
out the provisions of these specifications, or in exercising any authority granted to them by the contract, there shall be no liability upon the Secretary, Chief Engineer, or their authorized representatives, either personally or as officials of the S tate, it being understood that in all such matters they act solely as representatives of the State.
107.23 NO WAIVER OF LEGAL RIGHTS. Upon completion of the
work, the Department will make final inspection and then notify the contractor of acceptance within 30 calendar days. Such final acceptance shall not prevent the Department from correcting any measurement, estimate or certificate made before or after completion of the work, nor shall the Department be prevented from recovering from the contractor or the surety, or both, any overpayment it may sustain. The contractor and its surety shall be solidarily liable for any overpayment or added expense incurred by the Department, as provided in the contract or resulting from any deficient performance of the work, in excess of any remaining amounts due the contractor. A waiver by the Department of any breach of any part of the contract shall not be a waiver of any other breach. The contractor, without prejudice to the terms of the contract, shall be liable to the Department for latent defects, fraud or such mistakes as amount to fraud, or as regards the Department's rights under any warranty or guaranty.
107.24 THIRD PARTY LIABILITY. It is agreed between the parties
executing the contract that it is not intended by any provisions of the contract to create the public nor any member thereof a third party beneficiary hereunder, nor to authorize anyone not a party to this contract to main tain a suit for personal injuries or property damage pursuant to the contract.
107.25 ANTI -TRUST VIOLATIONS. By execution of the contract, the
contractor conveys to the Department all rights, title and interest in and to all causes of action it may acquire under Federal and State anti -trust laws,
107.21 FURNISHING RIGHT -OF-WAY. The Department will be
responsible for securing all necessary right -of-way, servitudes and easements in advance of construction.
107.22 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carr ying
out the provisions of these specifications, or in exercising any authority granted to them by the contract, there shall be no liability upon the Secretary, Chief Engineer, or their authorized representatives, either personally or as officials of the S tate, it being understood that in all such matters they act solely as representatives of the State.
107.23 NO WAIVER OF LEGAL RIGHTS. Upon completion of the
work, the Department will make final inspection and then notify the contractor of acceptance within 30 calendar days. Such final acceptance shall not prevent the Department from correcting any measurement, estimate or certificate made before or after completion of the work, nor shall the Department be prevented from recovering from the contractor or the surety, or both, any overpayment it may sustain. The contractor and its surety shall be solidarily liable for any overpayment or added expense incurred by the Department, as provided in the contract or resulting from any deficient performance of the work, in excess of any remaining amounts due the contractor. A waiver by the Department of any breach of any part of the contract shall not be a waiver of any other breach. The contractor, without prejudice to the terms of the contract, shall be liable to the Department for latent defects, fraud or such mistakes as amount to fraud, or as regards the Department's rights under any warranty or guaranty.
107.24 THIRD PARTY LIABILITY. It is agreed between the parties
executing the contract that it is not intended by any provisions of the contract to create the public nor any member thereof a third party beneficiary hereunder, nor to authorize anyone not a party to this contract to main tain a suit for personal injuries or property damage pursuant to the contract.
107.25 ANTI -TRUST VIOLATIONS. By execution of the contract, the
contractor conveys to the Department all rights, title and interest in and to all causes of action it may acquire under Federal and State anti -trust laws,
107.21 FURNISHING RIGHT -OF-WAY. The Department will be
responsible for securing all necessary right -of-way, servitudes and easements in advance of construction.
107.22 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carr ying
out the provisions of these specifications, or in exercising any authority granted to them by the contract, there shall be no liability upon the Secretary, Chief Engineer, or their authorized representatives, either personally or as officials of the S tate, it being understood that in all such matters they act solely as representatives of the State.
107.23 NO WAIVER OF LEGAL RIGHTS. Upon completion of the
work, the Department will make final inspection and then notify the contractor of acceptance within 30 calendar days. Such final acceptance shall not prevent the Department from correcting any measurement, estimate or certificate made before or after completion of the work, nor shall the Department be prevented from recovering from the contractor or the surety, or both, any overpayment it may sustain. The contractor and its surety shall be solidarily liable for any overpayment or added expense incurred by the Department, as provided in the contract or resulting from any deficient performance of the work, in excess of any remaining amounts due the contractor. A waiver by the Department of any breach of any part of the contract shall not be a waiver of any other breach. The contractor, without prejudice to the terms of the contract, shall be liable to the Department for latent defects, fraud or such mistakes as amount to fraud, or as regards the Department's rights under any warranty or guaranty.
107.24 THIRD PARTY LIABILITY. It is agreed between the parties
executing the contract that it is not intended by any provisions of the contract to create the public nor any member thereof a third party beneficiary hereunder, nor to authorize anyone not a party to this contract to main tain a suit for personal injuries or property damage pursuant to the contract.
107.25 ANTI -TRUST VIOLATIONS. By execution of the contract, the
contractor conveys to the Department all rights, title and interest in and to all causes of action it may acquire under Federal and State anti -trust laws,
107.21 FURNISHING RIGHT -OF-WAY. The Department will be
responsible for securing all necessary right -of-way, servitudes and easements in advance of construction.
107.22 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carr ying
out the provisions of these specifications, or in exercising any authority granted to them by the contract, there shall be no liability upon the Secretary, Chief Engineer, or their authorized representatives, either personally or as officials of the S tate, it being understood that in all such matters they act solely as representatives of the State.
107.23 NO WAIVER OF LEGAL RIGHTS. Upon completion of the
work, the Department will make final inspection and then notify the contractor of acceptance within 30 calendar days. Such final acceptance shall not prevent the Department from correcting any measurement, estimate or certificate made before or after completion of the work, nor shall the Department be prevented from recovering from the contractor or the surety, or both, any overpayment it may sustain. The contractor and its surety shall be solidarily liable for any overpayment or added expense incurred by the Department, as provided in the contract or resulting from any deficient performance of the work, in excess of any remaining amounts due the contractor. A waiver by the Department of any breach of any part of the contract shall not be a waiver of any other breach. The contractor, without prejudice to the terms of the contract, shall be liable to the Department for latent defects, fraud or such mistakes as amount to fraud, or as regards the Department's rights under any warranty or guaranty.
107.24 THIRD PARTY LIABILITY. It is agreed between the parties
executing the contract that it is not intended by any provisions of the contract to create the public nor any member thereof a third party beneficiary hereunder, nor to authorize anyone not a party to this contract to main tain a suit for personal injuries or property damage pursuant to the contract.
107.25 ANTI -TRUST VIOLATIONS. By execution of the contract, the
contractor conveys to the Department all rights, title and interest in and to all causes of action it may acquire under Federal and State anti -trust laws, relating to the goods or services purchased by the Department pursuant to the contract.
107.26 CONTRACTOR'S PAYROLLS. When predetermined minimum
wage rates are included in the contract, the minimum wage determination shall be posted by the contractor in a prominent and easily accessible place at the site of work. On Federal -Aid Projects, the contractor's payrolls shall be in accordance with the project specifications.
107.27 Archaeological Findings and Unmarked
BURIALS. If the contractor encounters cultural artifacts or archaeological or historical sites, operations in the area of the discovery shall be discontinued. The engineer will contact the DOTD Environmental Engineer Administrator, or designee, in order that an appropriate assessment may be made to determine the disposition thereof and necessary actions relative to the site. Those decisions will be made in consultation with, as applicable, the State Archaeologist, the State Historic Preservation Officer, and the lead federal agency. When directed, the contractor shall perform services on the site to preserve the artifacts encountered. Such extra work will be paid for in accordance with 109.04 , including an appropriate adjustment in contract time in accordance with 108.07 . Borrow and muck disposal areas furnished by the contractor will be subject to such assessment by the contractor prior to use. If the contractor discovers unmarked burial sites, human skeletal remains, or burial artifacts, operations in the area of the discovery shall be discontinued. The contractor will notify the proper authorities, as well as the engineer , in compliance with the Louisiana Unmarked Human Burial Sites Preservation Act (RS 8:680 -681). relating to the goods or services purchased by the Department pursuant to the contract.
107.26 CONTRACTOR'S PAYROLLS. When predetermined minimum
wage rates are included in the contract, the minimum wage determination shall be posted by the contractor in a prominent and easily accessible place at the site of work. On Federal -Aid Projects, the contractor's payrolls shall be in accordance with the project specifications.
107.27 Archaeological Findings and Unmarked
BURIALS. If the contractor encounters cultural artifacts or archaeological or historical sites, operations in the area of the discovery shall be discontinued. The engineer will contact the DOTD Environmental Engineer Administrator, or designee, in order that an appropriate assessment may be made to determine the disposition thereof and necessary actions relative to the site. Those decisions will be made in consultation with, as applicable, the State Archaeologist, the State Historic Preservation Officer, and the lead federal agency. When directed, the contractor shall perform services on the site to preserve the artifacts encountered. Such extra work will be paid for in accordance with 109.04 , including an appropriate adjustment in contract time in accordance with 108.07 . Borrow and muck disposal areas furnished by the contractor will be subject to such assessment by the contractor prior to use. If the contractor discovers unmarked burial sites, human skeletal remains, or burial artifacts, operations in the area of the discovery shall be discontinued. The contractor will notify the proper authorities, as well as the engineer , in compliance with the Louisiana Unmarked Human Burial Sites Preservation Act (RS 8:680 -681). relating to the goods or services purchased by the Department pursuant to the contract.
107.26 CONTRACTOR'S PAYROLLS. When predetermined minimum
wage rates are included in the contract, the minimum wage determination shall be posted by the contractor in a prominent and easily accessible place at the site of work. On Federal -Aid Projects, the contractor's payrolls shall be in accordance with the project specifications.
107.27 Archaeological Findings and Unmarked
BURIALS. If the contractor encounters cultural artifacts or archaeological or historical sites, operations in the area of the discovery shall be discontinued. The engineer will contact the DOTD Environmental Engineer Administrator, or designee, in order that an appropriate assessment may be made to determine the disposition thereof and necessary actions relative to the site. Those decisions will be made in consultation with, as applicable, the State Archaeologist, the State Historic Preservation Officer, and the lead federal agency. When directed, the contractor shall perform services on the site to preserve the artifacts encountered. Such extra work will be paid for in accordance with 109.04 , including an appropriate adjustment in contract time in accordance with 108.07 . Borrow and muck disposal areas furnished by the contractor will be subject to such assessment by the contractor prior to use. If the contractor discovers unmarked burial sites, human skeletal remains, or burial artifacts, operations in the area of the discovery shall be discontinued. The contractor will notify the proper authorities, as well as the engineer , in compliance with the Louisiana Unmarked Human Burial Sites Preservation Act (RS 8:680 -681). Section 108 Prosecution and Progress
108.01 SUBLETTING OF CONTRACT. The contractor shall not sublet
any portion of the contract, excluding material, without written consent, including work sublet to an authorized Disadvantaged Business Enterprise. If such consent is given, the contractor will be permitted to sublet a port ion of the work, but shall perform with the contractor's own organization work amounting to at least 50 percent of the total contract amount as established in contractor’s bid . Any items designated in the contract as “Specialty Items” may be performed by subcontract and the cost of such may be deducted from the total contract cost before computing the amount of work required to be performed by the contractor with the contractor's own organization. The contractor shall indemnify the Department, its officers , and employees from any loss of any kind, including loss of funding, resulting from its failure to perform at least 50 percent of the total contract cost, as provided above. By executing the contract, contractor acknowledges and agrees that a subcontract shall incorporate all applicable requirements and provisions of the contract between it and the Department, including the insurance requirements in 101.01 , and that subcontracts do not relieve contractor of any of its obligations, liabilities, or guarantees under this contract or included bonds. The contractor shall indemnify the Department, its officers, and employees from any loss of any kind, including loss of fun ding, resulting from the failure of any of its subcontractors to comply with the terms of this contract. Any such indemnification will be in addition to, if applicable, the terms of the Required Contract Provisions For DBE (or SBE) Participation In Federal Aid Construction Contracts . Any failure by the contractor to comply with the Required Contract Provisions For DBE Participation In Federal Aid Construction Contracts may result, at the discretion of the Department, in a reduction of payment up to the full federal participation in said payment for any item(s) of affected work, whether or not the work itself is acceptable. Such reduction may not be applied to the payment of a DBE unless the DBE is the proximate cause of said reduction.
Source: Louisiana Standard Specifications for Roads and Bridges, 2016 Edition. Pages 82–105 of 1,145.