104.5.6 Subcontractor Claims for Payment The Contractor agrees to notify all Subcontractors of the claim filing procedure of Payment and Per formance Bonds required by 110.2.1. The Department may use retainage and other remaini ng project funds to pay outstanding claims for Accepted Work. 104.5.7 Flow Down All subcontracts of the Contractor, and all lower tier subcontracts, shall contain or reference all applicable provisi ons of the Contract, including all safety, wage, Prompt payment, labor, environmental, and equal opportunity provisions. The Contractor shall indemnify, defend, and hold harmless the D epartment against any and all claims or liabilities arising from the failure to includes uch flow down provisions and agrees that any such claims and liabilities may be paid by the Department using retainage on other Project funds. 104.5.8 No Third Party Beneficiaries The Contractor and the D epartment agree that this Contract is not intended to c reate any third-party benefic iaries or to authorize anyone not a party to the Contract to m aintain an action under Contrac t provisions. 104.5.10 Warranty and Maintenance Bonds Warranty and Maintena nce Bonds may be required of the Contractor or t he Subcontractor for specifie d items that the Department deems appropriate. Specific requirements will be given via Spe cial Provision. These bonds may be for specified items in the Contract Schedule of Items. The Bond must name the “Treasurer-State of Maine” as an obligee. The Contractor shall provide a copy of said bond to the Department before the pe rformance of any affected on-sit e Work. Should the subcontractor be required by sp ecial provision to provide a War ranty or Maintenance Bond, the Contractor hereby authorizes the Department to directly con tact the Landscape Subcontractor and/or its Surety i n the event of a failure of th e bonded item to perform as specified.
Scope of Section This Section contains Work requirements that are generally within the scope of all Projects. These include provisions related to health and safety, traffic control, maintenance of Work, hauling of Materials and Equipmen t, construction surveying, Working Drawings, the environmen t, historic and archeological c onsiderations, equal opportunity and civil rights, and other federal requirements. This Section is not all- inclusive. The scope of these items is often described more sp ecifically and fully elsewhere in the Contract and in other specific items that appear elsewhe re. This Contract is federall y funded, unless expressly provided o therwise in the Bid Documents. As a federally funded Contract, it includes all fed eral requirements set forth in the Project Specific Bid Book.
105.1Intent of the Contract The intent of the Contract is to provide for the
construction and Completion of a f unctionally complete Project in Conformity with the Contract. The Contractor shall furnish all Work to achieve this intent, including all Work
that may be reasonably inferred to be required from the Contrac t or from prevailing industry or trade custom, whether or not specifically called for.
105.2Health and Safety
105.2.1 Safety Responsibility The Contractor has the overall authority and responsibility to maintain safety of its employees and of all o ther persons in the work area or on the worksite. The Contractor shall provide all safeguards, safety devices, and protective Equipment and take all other action that is necessary to contin uously and effectively protect the safety and health of all persons from hazards related to th e Work. Such safeguards include providing a sufficient number of security guards. 105.2.2 Health and Safety Plan A copy of the Contractor’s Hea lth and Safety Plan must be on file with the Contracts Section of the Department as a condition of Prequalification to be awarded a Construction Contract. A copy of the Safety Plan will be provided to the Department’s Cont racts Section in an electronic media format prior to Contract award. The Contractor shall designate which portions such submissions it considers confidential business information. If such program i s revised during the Contract Time, the Contractor shall pr ovide the updated program to the D epartment. The Contractor shall comply with its safety program and this Section 105.2 - H ealth and Safety. The Contractor shall be responsible for all claims or damages arisi ng from failure to so comply and to indemnify, defend, and hold harmless the Department from all claims and damages arising from such non-compliance. 105.2.3 Project Specific Emergency Planning Unless the Contra ct provides for closure of an existing facility, the Contractor shall ensure th at essential police, fire, rescue, and ambulance services have reasonable and timely access to and through the Project Limits. The Contractor shall contact all emergency service pro viders in the area, discuss potential impacts on emergency operations (including water supply for fire suppression), and minimize any negative impacts. Fire hydrants within or adj acent to the Project Limits shall be kept accessible to fire apparatus at all times, unless the fire department agrees otherwise in writing. For a related provision, see Section 104 .3.12 - Forest Protection and Laws. If the nature of the Work involves deep trenching, confined sp aces, toxic chemicals, or any other unusual hazards that could require specialized res cue, the Contractor shall inform and cooperate with the appropriate fire department, resc ue service, or EMS. The Contractor shall provide the Resident with, and post and m aintain in conspicuous places within the Project Limits, a list containing (A) emergency response numbers with the names and telephone numbers (including cellula r phone and pager numbers, if applicable) of local ambulance, police, fire, rescu e, and hospitals, (B) emergency response numbers for hazardous Materials spills as re quired by Section 656.3.4(f) - Spill Prevention, (C) the Contractor's personnel w ith phone numbers who may be reached in case of emergency, and (D) the Department’s perso nnel with phone numbers who may be reached in case of emergency.
105.2.4 Unsafe Conditions The Contractor will immediatel y eliminate all unsafe conditions brought to the Contractor’s attention by the Departm ent Resident or any other Department staff. If the Contractor or the Department actually observes any person(s) performing Work in a manner that (A) the observing party actually knows is not in compliance with the MUTCD, the Contractor’s TCP, an applicable OSHA requirement, or commonly accepted safety practices, and (B) creates a clear and immediate risk of significant bodily injury to a ny person, then the observing par ty shall immediately notify such person(s) Working in an unsafe manner and the other party to the Contract. The Contractor and the Department agree to cooperate in eliminating all such unsafe conditions. For related provisions, see Sections 104.3.4 - Workers and Equi pment, 104.4.6 - Utility Coordination, 105.3 - Traffic Control and Management, and 105.4 - Maintenance of Work. 105.2.5 Compliance with Health and Safety Laws The Contractor has the authority and responsibility to ensure compliance with all applicable fed eral, State, and local laws governing safety, health, and sanitation, including all applica ble laws and regulations of OSHA. The Contractor shall compl y with these laws and regulati ons and ensure compliance by its subcontractors. The Contractor is responsible for corr ecting any health and safety violations. For related provisions, see Sections 105.2.3 – Project Specific Emergency Planning, 105.3 – Traffic Control and Management and 105.4 – Maintenance of work. 105.2.6 Convenience of the Public At all times the Contractor shall perform the Work to minimize obstructions to pedestrian, vehicular, railroa d, and marine traffic. All temporary and permanent pedestrian access ways must comply with the Americans with Disabilities Act (ADA). Footways, gutters, sewers, inlets, and portions of the Highway adjacent to the Work must not be obstructed unless allowed by t he Contract. If the Contractor receives notice from the Department that the Contractor has failed to comply with the provisions of this Section 105.2 - Health an d Safety, the Contractor shall remedy such non-compliance immediately. If the Contractor fai ls to do so, the Department may remedy such non-compliance by any means and deduct the cost of the remedy from amounts otherwise due the Contractor. 105.2.7 Use of Explosives
protect life and property. Explosives must be transported, sto red, and used in compliance with this Contract, in compliance with all applicable federal, State, and local laws, rules and regulations, and in accordance with all applicable provisions o f the latest version of the Blasters’ Handbook published by the International Society of Ex plosives Engineers (ISEE) of Cleveland, Ohio. In any case, the Contractor shall comply w ith the recommendations contained in Chapter 13 - “Blasti ng Safety” of said Blasters’ H andbook, unless a qualified person conducting the blasting operati ons for the Contractorce rtifies to the Department in
writing that certain provisions of said Chapter 13 are not nece ssary to protect life and property.
When using electric detonators, the blasting zone must allow sa fe distances from radio transmitters based upon their power output frequency. The blas ting zone must include all areas within which people coul d be injured or property could be damaged by the blast. The Contractor shall mark Highways conspicuously at the perimeter o f the blasting zone with signs in accordance with MUTCD. If applicable, the Contractor shall place signage along railroads and appropriate notice shall be provided to marine tr affic. The Contractor shall provide a sufficient number of flaggers stationed outside the b lasting zone to stop all approaching traffic during blasting operations.
liability insurance coverage covering use of explosives in acco rdance with Section 110.3.2 - Commercial General Liability. Immediately after the blast, the Contractor shall remove any debris that is obstructing Highway, pedestrian, railroad, or ma rine traffic flow. . The Contractor shall not use perchlorate in its blasting operations . For related provisions, see Sections 104.4.6(C)(9) - Blasting Notice, 104.3.11 - Responsibi lity for Property of Others, and 110.1 – Indemnification , 110.3.2- Commercial General Liabi lity andSpec 203.042 Rock Excavation and Blasting.
105.3Traffic Control and Management The Contractor shall pro vide continuous
and effective traffic control in compliance with Section 652 - Maintenance of Traffic. 105.3.1 Notices Required The Contractor shall plan paving ope rations so that the Resident will have sufficient advance notification to provide t he necessary inspection and testing. Sufficient notification will be considered 48 hours. In the event that paving is suspended, the 48-hour advance notification shall be required a gain before restarting the paving operations unless otherwise agreed by the Resident. A v erbal warning will be given before starting the offense process for paving notification. The Contractor shall plan granular material operations so that the Resident will have sufficient advance notification to provide a proctor for the ma terial to be placed. Sufficient notification will be considered 7 days. Changes in source will also require this notification. Failure to provide the above notifications will result in the f ollowing actions:
First offense – verbal warning Second offense - written warning Third and subsequent offense - liquidated damages will be charged for one Calendar day
105.4Maintenance of Work
105.4.1 Maintenance During Construction The Contractor shall maintain the Project and all related Work in a safe and satisfactory condition until Final Acceptance. Such maintenance requires continuous and effective Work conducted da ily. Trenches Where existing pavement carries traffic and is removed, the pavement shall be replaced daily with a temporary pavement consisting of a minimum of three inches of acceptable hot or cold bituminous mixture. Cold bituminous mixture shall contain Aggregates, asphalt cutbacks, liquefiers and wetting agents. N o separate payment will be made for furnishing, placing, m aintaining, and removing tempora ry pavement, and all cost of such work will be considered Incidental to the Contract. Before placing any permanent pavement over backfilled trenches, the edge of the adjoining existing pavement shall be cut even and vertical, and coated with tack coat to form a tight joint between the new a nd the existing pavements. The permanent pavement depth and type (HMA or PCC) will match the existing roadway structure . No separate payment will be made for cutting and tack coating the joint. If the Contractor fails to meet the conditions of Section 105. 4.1, the Department will notify the Contractor of such failure. The Contractor shall re medy such failure within 4 hours after receiving such notice. If the Contractor fails to do so, this may be considered a traffic control violation in accordance with Section 652 and th e Department may remedy the situation with its own or Contracted forces without liability t o the Department and all costs will be deducted from amounts otherwise due the Contractor. Wh en the Contract involves placing material on, or use of previously constructed subgrade, base course, pavement, or structure, the Contractor shall maintain such previously constr ucted Work in a safe and satisfactory condition until Final Acceptance. Except as expressly provided otherwise in the Contract, the co st of complying with this Section 105.4.1 is Incidental to the Contract. 105.4.2 Use of Granular Materials The Department may authoriz e and pay for granular Materials that are capable of supporting traffic and n ecessary to maintain the specified traffic Lane widths upon the following conditions.
by eliminating objectionable Material and providing adequate te mporary Drainage before the granular Material is placed.
method of measurement that applies at the time the Material is placed and that is in accordance with the Specifications for the particular type of g ranular Material authorized for use. For a related provision, see Section 108.1 - Measurement of Quantities for Payment.
authorized for use.
traffic is removed. 105.4.3 Maintenance During Winter Construction Except as prov ided in the following paragraph, when the Cont ractor performs Work during w inter weather conditions, the Contractor shall plow snow from the portions of a Project t hat carry vehicular or pedestrian traffic, including a ll Bridges and Sidewalks, so as to allow the free and safe flow of such traffic. The State or local governmental agency that w ould otherwise be responsible for winter maintenance will sand and salt such portions of a Pr oject. The State or local governmental agency responsible for winter maintenance will plow, sand, and salt such portions of a Project that (A) have b een untouched or left by the Contractor in a suitable condition to carry traffic as determined by the Department and (B) are unaffected by the construction operations. 105.4.4 Maintenance During Suspension of Work
suitable for the free and safe flow of traffic as determined by the Department, including covering or removal of signs. To provide space for snow remova l, all areas to be used by traffic must be clear for the e ntire usable Roadway, including Shoulders, or curb-to-curb, including Sidewalks. During an approved suspension, the Department will maintain th e temporary Roads and Project sections by plowing snow, controlling ice, and patc hing or retreating the surface. During suspension, the Contractor must (1) take precautions ne cessary to prevent damage to the Work and to allow the Department to provide such maintenance (such precautions include providing Drainage and erecting any necessary Structures, signs, or other facilities);
maintain, in an acceptable growing condition, all living plant Material, including newly established seedings and soddings furnished under the Contract and take precautions to protect vegetative growth from damage. After suspension, the Contractor must clean up all evidence of the snow and ice control at its expense, including removing excess sand and debr is from the Roadway and replacing all base or subbase Material that was lost as a resul t of maintenance activity. If a Work suspension is not approved, the Contractor will rema in responsible for maintaining the Project, inc luding plowing snow, controlling ic e, and patching or retreating the surface.
approved suspensions will be considered Incidental to the Contr act. For related provisions, see Sections 104.2.6 - Right to Suspend Work and 107.5 - Suspension of Work.
105.4.5 Maintenance of Existing Structures When a new Bridge o r Minor Span is being installed on a new alignment and the existing structure is to r emain in service, the Department will maintain the existing structure and the portions of the roadway required for maintaining traffic until such time that the new structure is o pened to traffic and the existing structure is taken out of service. A similar situation exists when a new Bridge or Minor Span is being installed on the same alignment as the existings tructure, requiring a temporary detour to be installed by the Contractor per Section 510 - Special Detours, prior to removal of the existing structure. In this case, the Department will maintain the existing structure and the portions of the existing roadway required for maintaining traffic until such time that either the temporary detour is opened to traffic or t he Contractor begins any work on the existing structure, including, but not limited to, repai rs, modifications, moving, demolition, or removal. In either case, once the new structure or temporary detour is opened to traffic, or the Contractor begins any work on the existings tructure, the Contractor shall be solely responsible for all maintenance of the existing structur e and the portions of the existing approaches that lie outside the new roadway or the tem porary detour, respectively. This specification is not intended to supersede Standard Specif ication Section 104.3.11 - Responsibility for Property of Others.
105.5Hauling of Materials and Equipment
105.5.1 General Requirements Except as provided otherwise and limited in this Contract, the Contractor may us e any public Road or Bridge for the hauling of Materials and Equipment in legally registered vehicles that are carrying lega l loads and operating otherwise in accordance with all applicable State or federal la ws. If the Contractor violates such laws or the terms of this Contract relating to hauling, th e Contractor shall, at its expense, repair damage to any Road or Bridge that the Departmen t determines was caused by the Contractor to the satisfaction of the governmental entit y that maintains the Road or Bridge. The Contractor must abate any dust nuisances caused by such ha uling. For a related provision, see Section 637 - Dust Control and Section 656 - Tem porary Soil Erosion and Water Pollution Control. 105.5.2 Bond for Use of Municipal Roads If the Contractor wan ts to use Roads maintained by a municipality for hauling, the municipality may require the Contractor to purchase a bond for each mile of traveled length. The face val ue for such bond shall not exceed $50,000/mile. The cost of said bond shall be Incidental to the Contract. 105.5.3 Posted Roads or Bridges The Contractor must comply wi th all restrictions set forth pursuant to 29-A MRSA § 2395, including springtime po sting of load restrictions. An overlimit movement permit pursuant to 29-A MRSA § 2382 will not relieve the Contractor of its obligation to repair damage to such posted Ro ads or Bridges. For a related provision, see Section 104.3.2 - Furnishing of Other Property R ights, Licenses, and Permits. 105.5.4 Narrow Roads The Contractor shall not haul on Roads h aving a bituminous surface width of less than 20 feet unless there is no practical alternative.
105.5.5 Overlimit Loads
over the base courses, surface course, or accepted subgrades wi th loads that exceed legal limits, except for Equipment used in grading operations, including the preparation of the subgrade.
with 29-A MRSA § 2382 - Overlimit Movement Permits before movin g vehicles or hauling loads in excess of legal limits. The Contractor is responsible for all damage caused by the movement of loads in excess of legal limits whether under permi t or not. 105.5.6 Restrictions on Movement and Storage of Heavy Loa ds and Equipment on Bridges The Contractor shall comply with legal load restrictions and with special restrictions required by the Contract when hauling or storing m aterials, including demolition debris, and moving or storing equipment on Bridges within the P roject Limits that are under construction or complete d but not yet open to traffic. The Contractor shall not operate equipment mounted on crawler t racks or steel-tired wheels on or across concrete or bituminous surfaces, unless oth erwise approved by the Resident. The Contract requirements may impose special restrictions on speed, load distribution, surface protection, or other precautions. When construction operations require crossing an existing Bridg e with otherwise prohibited equipment or loads, the Contractor shall use Departm ent approved methods of load distribution or bridging, at no additional cost to the Dep artment. The Contractor will not be relieved of liability for damages re sulting from the operation and movement of construction equipment because it has been issued a special permit, or it has adhered to any other restrictions imposed. Unless otherwise allowed by the Contract or approved by the Dep artment, the Contractor shall temporarily store construction materials, incl uding demolition debris, or park equipment on a Bridge deck during construction in accordance with the following limits, which have been established to reflect typical design l ive loads: Stockpiles shall not weigh more than 65,000 pounds per 1,000 sq uare feet, Individual stockpiles of Materials (including pallets of produc ts, reinforcing steel bundles and Aggregate stockpiles) shall not weigh more than 25, 000 pounds per 100 square feet, or No single vehicle or piece of Equipment shall weigh more than 8 0,000 pounds and no combination of vehicles, Materials, and other Equipment shall w eigh more than 200,000 pounds per span, for span lengths greater than 40 feet. The Contractor may submit alternate loadings with calculations stamped by a licensed Professional Engineer, within 30 Days prior to placement of the load(s).
105.6Construction Surveying
105.6.1 Department Provided Services The Department will provi de the Contractor with the descriptions and coordinates of a sufficient number of vert ical and horizontal control points, set by the Department, t hroughout the Project, for full construction Projects and other Projects where survey control is necessary. For Projects of 1,000 feet in length or less, the Department will provide a minimum of three points. For Pro jects between 1,000 and 5,000 feet in length, the Department will provide a minimum of five points. For Projects in excess of 5,000 feet in length, the Department will provide at a minimum, one set of two points at each end of the Project, plus one additional set of t wo points for each mile of Project length. For non-full construction Projects and other P rojects where survey control is not necessary, the Department will not set any control points a nd, therefore, will not provide descriptions and coordinates of any control points. Upon reque st, the Department will provide its Survey Manual to the Contractor, or its survey Subc ontractor. 105.6.2 Contractor Provided Services Using the survey information and points provided by the Department, described in Subsection 105.6.1 - Department Provided Services, the Contractor shall provide all additional survey layout necessary to complete the Work. This may include, but not be limited to, re-establishing all points provided by the Department, establishing additional control points, running axis lines, pro viding layout and maintenance of all other lines, grades, or points, and survey quality contr ol to ensure conformance with the Contract. The Contractor i s also responsible for providing construction centerline, or close reference points, for all Utility Facilities relocations and adjustments as necessary to complete the Work. When the Work is to connect with existingS tructures, the Contractor shall verify all dimensions before proceeding with the Work. T he Contractor shall employ or retain competent engineeri ng and/or surveying personnel to f ulfill these responsibilities. The Contractor must notify the Department of any errors or inco nsistencies regarding the data and layout provided by the Department as provided by Secti on 104.3.3 - Duty to Notify Department If Ambiguities Discovered. 105.6.2.1 Survey Quality Control and Construction Layout The Contractor is responsible for all construction survey quality control. Const ruction survey quality control is generally defined as, first, performing initial field survey layout of the Work and, second, performing an independent check of the initial layout using ind ependent survey data to assure the accuracy of the initial layout; additional iterations of checks may be required if significant discrepancies are discovered in this process. Cons truction survey layout quality control also requires written documentation of the layout proce ss such that the process can be followed and repeated, if necessary, by an independent surve y crew. 105.6.2.2 Electronic Design Data and Digital Terrain Model (DTM ) If provided by the Department, at the request of t he Contractor, any electronic pr oject design data will not be deemed a part of the contract, and is supplied as a courtesy by the Department. The Contractor shall not take advantage of any ambiguity or error c ontained in said data, and upon discovery of any ambiguity or error shall notify the Depar tment before proceeding. The Contractor may convert any e lectronic data provided by the Department into a format
required by the Contractor’s system and equipment at the Contra ctor’s expense. Any Digital Terrain Model (DTM) to be used for construction shall b e submitted to the Department in InRoads DTM or L andXML format at least 14 days pr ior to the pre- construction meeting; any other format shall be preapproved by the Department prior to submittal. No changes shall be made to the electronic model af ter submittal without prior written consent by the Project Resident. The Department will r eview and provide comments to the Contractor within 14 days of receipt of the DTM submitta l 105.6.2.3 Survey Work Plan The Contractor shall provide a Survey Work Pl an to the Department prior to, or at, the preconstruction meeting.
The Survey Work Plan shall include:
the equipment.
project control points. Field notes for new vertical controls hall be submitted to the Department.
timetable and tolerances. A Site Calibration report shall be s ubmitted to the Department, including the values of calculated residuals of eac h point used in the calibration.
establishing on-site base broadcast positions and localization procedures used for off-site bases.
in a portion or portions of the project, and methodology to ensure signals for both inspection operation areas and construction operation areas (i. e. multiple bases operating simultaneously)
including the process of determining and verifying transmitter set-up location and communicating any necessary adjustments to the machine control equipment.
engineer(s) responsible for performing the project layout.
The Department will review and provide comments to the Contract or within 7 days of receipt of the Survey Work Plan. 105.6.2.4 Department Verification The Contractor shall furnish a Global Navigation Satellite System (GNSS) or Global Positioning System (GPS) Rove r and/or Robotic Total Station (RTS) equipment to the Department with the same capabil ities as those used by the Contractor or other approved method, such as reference staking, to allow the Department to independently verify the accuracy of the work, as approved by t he Department.
This equipment referred to above shall be compatible with the s ystem(s) used by the Contractor and be provided to the P roject Resident prior to the Contractor commences Work using electronic layout methods. This equipment shall stay in the possession of the Department for the duration of t he project and shall be returne d, in good condition, to the Contractor upon final acceptance of the field work. Any augmen ted features (such as laser refinement) used by the Contract or shall be included in the fea tures available on the equipment provided to the Department. The Contractor shall provide manufacturer-certified training on the use of the GNSS, GPS, and/or RTS equipment and the Contractor’s systems to Depar tment project personnel prior to beginning any Work. This training is for the purpose of providing Department project personnel with an understanding of the equipment, softw are, and electronic data being used by the Contractor. 105.6.2.5 Field Layout Specifications All Work accomplished th rough electronic layout methods and/or machine control must meet the same accuracy requ irements as the conventional grading construction standards detailed in the Sta ndard Specifications. The contractor shall not use GNSS, GPS, or RTS equipment for a cons truction activity that requires a greater precision than the machine’s capability as p er the manufacturer’s recommendation. 105.6.2.6 Basis of Payment No payment shall be made by the Dep artment for the Contractor’s elected use of el ectronic methods of project location layout and control. Any delays arising from the operation of GNSS, GPS, or RTS layout o r machine control systems will not result in adjustment to the bid price or quantity of a ny construction items or be justification for granting any t ype of contract extension. Any costs incurred through incorrect use of GNSS, GPS, or RTS layout or machine control sy stems or re-work necessary through their use are the sole responsibility of the Contractor. Training of Department project personnel in t he use of GNSS, GPS, or RTS wi ll be paid on a reimbursable basis based on submitted invoices, without Contrac tor markup. 105.6.3 Survey Quality Assurance It is the Department’s prerog ative to perform construction survey quality assurance. Construction survey qua lity assurance is generally defined as an independent check of the Contractor’s constructio n survey quality control. The construction survey quality assurance process may involve physi cally checking the Contractor’s construction surve y layout using independent surve y data, or may involve reviewing the construction survey quality control written docum entation. If the Department elects to physically check the C ontractor’s survey layout, the Contractor’s designated surveyor may be required to be present. The Department will pr ovide a minimum notice of 48 hours to the Contractor, wheneve r possible, if the Contracto r’s designated surveyor’s presence is required. Any errors discovered through the quality assurance process shall be corrected by the Contractor, at no additional cost to the Depar tment. 105.6.4 Boundary Markers The Contractor shall preserve and protect fro m damage all monuments or other points that mark the boundaries of the Right -of-Way or abutting parcels
that are outside the area that must be disturbed to perform the Work. The Contractor shall indemnify, defend, and hold harmless the Department from all cl aims to re-establish the former location of all such monuments or points, including clai ms arising from 14 MRSA § 7554-A. For a related provision, see Section 104.3.11 - Respons ibility for Property of Others.
105.7Working Drawings
105.7.1 General The Contractor shall provide all necessary Wo rking Drawings to the Department for review. The Contractor shall not allow fina l assembly or fabrication of structural units before the Department completes its review of the applicable Working Drawings and comments on them. The Contract price shall includ e the cost of furnishing and revising all Working Drawings. The Department’s review of and comment on Working Drawings may be limited to basic Contract requirements relating to design compliance and M aterial type(s). Such review shall not relieve the Contractor of responsibility under the Contract, including the overall correctness of Working D rawings, including Engineering and mathematical computations, shop fits, and field connections. 105.7.2 Review Times The Contractor’s Schedule of Work shall allow the Department the following review and comment times prior to the start of production. For a related provision, see Section 107.4 - Scheduling of Work. First Submission: 21 Days or 1 da y per drawing, whichever is gr eater. Second Submission: 10 Days or 1/2 da y per drawing, whichever is greater. Each subsequent submission: 10 D ays or 1/2 day per drawing, whi chever is greater. The above review times shall be doubled for submittals that in clude design computations. The Department may combine separate submissions of analyticall y common elements of Work and require the per-drawing review times set f orth above when it determines that the Contractor has divided Working Drawings int o separate submissions for the purpose of avoiding said per-drawing review times. Delay caused by exceeding the time periods listed above will b e analyzed in accordance with Section 109.5 - Adjustments for Delay. 105.7.3 Cost of Review The Depar tment will review the first a nd second submission at no cost to the Contractor. For subsequent submissions, the Department will charge the
Contractor a rate of $75 per pe rson-hour of review. Such costs will be deducted from amounts otherwise due the Contractor. 105.7.4 Submittal Requirements The Contractor shall indicate the order of preference for review and ret urn of Working Drawings and organi ze all Drawings in the order of their importance. The Contractor shall submit 3 sets of Drawings or electronic c opy to the Resident. All submittals shall use the same system of units as that used in the Department’s Plans. 105.7.5 Review Standards and Procedures If the first submissi on does not meet accepted industry standards for Working Drawings or Engineering design Drawings and Specifications, as determined by the Department, the entire sub mission will be returned without review and will be recorded as the first submission. W hen resubmitted, the review time requirements shall be those applicable to a first submissi on. One set of reviewed Working Drawings will be marked with comme nts and returned to the Contractor. The Contractor shall then revise its Workin g Drawings accordingly. Except as provided otherwise in t he Contract, the Contractor sh all furnish the Department with 2 reproducible copies of the final Working Drawings before construction of the element(s) depicted in the Working Drawing(s).
105.8Environmental Requirements
105.8.1 Temporary Soil Erosion and Water Pollution Control Th e Contractor shall provide continuous and effective soil erosion and water polluti on control in compliance with
105.8.2 Permit Requirements
reference into the Bid Documents. If Permits are not so included and the Contractor is aware the Work will affect a regulated resource such as water b odies or wetland, the Contractor shall notify the Department before Bidding. For a r elated provision, see Section 102.5.2 - Bidder’s Duty to Notify Dep artment If Ambiguities Dis covered. The Contractor is responsible for complying with all Permit co nditions. If the Contractor desires to modify or seek interpretation of any perm it granted to the Department, it must coordinate any such requests through the Department.
Contractor, at its expense, shall procure all other environmental or land use Permits, licenses, or other permissions that are necessary or appropriat e to perform the Work. At the time of application, the Contractor shall provide the Departmen t with notice of all