105General Scope of Work

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 Equipment, construction surveying, Working Drawings, the environment, historic and archeological considerations, equal opportunity and civil rights, and other federal requirements. This Section is not all- inclusive. The scope of these items is often described more specifically and fully elsewhere in the Contract and in other specific items that appear elsewhere. This Contract is federall y funded, unless expressly provided otherwise in the Bid Documents. As a federally funded Contract, it includes all federal 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 functionally 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 Contract 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 other 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 continuously and effectively protect the safety and health of all persons from hazards related to the 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 Contracts 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 is revised during the Contract Time, the Contractor shall provide the updated program to the Department. The Contractor shall comply with its safety program and this Section 105.2 - Health and Safety. The Contractor shall be responsible for all claims or damages arising 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 that 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 providers in the area, discuss potential impacts on emergency operations (including water supply for fire suppression), and minimize any negative impacts. Fire hydrants within or adjacent 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 rescue, the Contractor shall inform and cooperate with the appropriate fire department, rescue 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 cellular phone and pager numbers, if applicable) of local ambulance, police, fire, rescue, and hospitals, (B) emergency response numbers for hazardous Materials spills as required by Section 656.3.4(f) - Spill Prevention, (C) the Contractor's personnel with phone numbers who may be reached in case of emergency, and (D) the Department’s personnel with phone numbers who may be reached in case of emergency. 105.2.4 Unsafe Conditions The Contractor will immediately eliminate all unsafe conditions brought to the Contractor’s attention by the Department 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 any person, then the observing party 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 Equipment, 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 federal, State, and local laws governing safety, health, and sanitation, including all applicable laws and regulations of OSHA. The Contractor shall comply with these laws and regulations and ensure compliance by its subcontractors. The Contractor is responsible for correcting 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, railroad, 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 the 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 and Safety, the Contractor shall remedy such non-compliance immediately. If the Contractor fails 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, stored, 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 of the latest version of the Blasters’ Handbook published by the International Society of Explosives Engineers (ISEE) of Cleveland, Ohio. In any case, the Contractor shall comply with the recommendations contained in Chapter 13 - “Blasting Safety” of said Blasters’ Handbook, unless a qualified person conducting the blasting operations for the Contractor certifies to the Department in writing that certain provisions of said Chapter 13 are not necessary to protect life and property.

When using electric detonators, the blasting zone must allow safe distances from radio transmitters based upon their power output frequency. The blasting zone must include all areas within which people could be injured or property could be damaged by the blast. The Contractor shall mark Highways conspicuously at the perimeter of 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 traffic. The Contractor shall provide a sufficient number of flaggers stationed outside the blasting zone to stop all approaching traffic during blasting operations.

liability insurance coverage covering use of explosives in accordance 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 marine 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 - Responsibility for Property of Others, and 110.1 – Indemnification , 110.3.2- Commercial General Liability 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 the 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 again before restarting the paving operations unless otherwise agreed by the Resident. A verbal 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 material 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 following 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 daily. 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. No separate payment will be made for furnishing, placing, maintaining, and removing temporary 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 and 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 remedy 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 the Department may remedy the situation with its own or Contracted forces without liability to the Department and all costs will be deducted from amounts otherwise due the Contractor. When the Contract involves placing material on, or use of previously constructed subgrade, base course, pavement, or structure, the Contractor shall maintain such previously constructed 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 necessary to maintain the specified traffic Lane widths upon the following conditions.

by eliminating objectionable Material and providing adequate temporary 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 granular 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 Contractor performs Work during winter weather conditions, the Contractor shall plow snow from the portions of a Project that carry vehicular or pedestrian traffic, including all Bridges and Sidewalks, so as to allow the free and safe flow of such traffic. The State or local governmental agency that would otherwise be responsible for winter maintenance will sand and salt such portions of a Project. The State or local governmental agency responsible for winter maintenance will plow, sand, and salt such portions of a Project that (A) have been 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 removal, all areas to be used by traffic must be clear for the entire 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 patching or retreating the surface. During suspension, the Contractor must (1) take precautions necessary 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 debris from the Roadway and replacing all base or subbase Material that was lost as a result of maintenance activity. If a Work suspension is not approved, the Contractor will rema in responsible for maintaining the Project, including plowing snow, controlling ice, and patching or retreating the surface.

approved suspensions will be considered Incidental to the Contract. 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 or Minor Span is being installed on a new alignment and the existing structure is to remain 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 opened 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 existing structure, 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 the Contractor begins any work on the existing structure, including, but not limited to, repairs, 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 existing structure, the Contractor shall be solely responsible for all maintenance of the existing structure and the portions of the existing approaches that lie outside the new roadway or the temporary detour, respectively. This specification is not intended to supersede Standard Specification 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 use any public Road or Bridge for the hauling of Materials and Equipment in legally registered vehicles that are carrying legal loads and operating otherwise in accordance with all applicable State or federal laws. If the Contractor violates such laws or the terms of this Contract relating to hauling, the Contractor shall, at its expense, repair damage to any Road or Bridge that the Department determines was caused by the Contractor to the satisfaction of the governmental entity 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 - Temporary 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 value 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 posting 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 Roads or Bridges. For a related provision, see Section 104.3.2 - Furnishing of Other Property Rights, 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 with 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 moving 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 permit or not. 105.5.6 Restrictions on Movement and Storage of Heavy Loads and Equipment on Bridges The Contractor shall comply with legal load restrictions and with special restrictions required by the Contract when hauling or storing materials, including demolition debris, and moving or storing equipment on Bridges within the Project Limits that are under construction or completed but not yet open to traffic. The Contractor shall not operate equipment mounted on crawler tracks or steel-tired wheels on or across concrete or bituminous surfaces, unless otherwise 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 Bridge with otherwise prohibited equipment or loads, the Contractor shall use Department approved methods of load distribution or bridging, at no additional cost to the Department. The Contractor will not be relieved of liability for damages resulting 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 Department, the Contractor shall temporarily store construction materials, including 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 live loads: Stockpiles shall not weigh more than 65,000 pounds per 1,000 square feet, Individual stockpiles of Materials (including pallets of products, 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 80,000 pounds and no combination of vehicles, Materials, and other Equipment shall weigh 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 provide the Contractor with the descriptions and coordinates of a sufficient number of vertical and horizontal control points, set by the Department, throughout 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 Projects 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 two points for each mile of Project length. For non-full construction Projects and other Projects where survey control is not necessary, the Department will not set any control points and, therefore, will not provide descriptions and coordinates of any control points. Upon request, the Department will provide its Survey Manual to the Contractor, or its survey Subcontractor. 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, providing layout and maintenance of all other lines, grades, or points, and survey quality control to ensure conformance with the Contract. The Contractor is 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 existing Structures, the Contractor shall verify all dimensions before proceeding with the Work. The Contractor shall employ or retain competent engineering and/or surveying personnel to fulfill these responsibilities. The Contractor must notify the Department of any errors or inconsistencies regarding the data and layout provided by the Department as provided by Section 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. Construction 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 independent 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. Construction survey layout quality control also requires written documentation of the layout process such that the process can be followed and repeated, if necessary, by an independent survey crew. 105.6.2.2 Electronic Design Data and Digital Terrain Model (DTM) If provided by the Department, at the request of the Contractor, any electronic project 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 contained in said data, and upon discovery of any ambiguity or error shall notify the Department before proceeding. The Contractor may convert any electronic data provided by the Department into a format required by the Contractor’s system and equipment at the Contractor’s expense. Any Digital Terrain Model (DTM) to be used for construction shall be submitted to the Department in InRoads DTM or LandXML format at least 14 days prior 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 after submittal without prior written consent by the Project Resident. The Department will review and provide comments to the Contractor within 14 days of receipt of the DTM submittal 105.6.2.3 Survey Work Plan The Contractor shall provide a Survey Work Plan 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 control shall be submitted to the Department.

timetable and tolerances. A Site Calibration report shall be submitted to the Department, including the values of calculated residuals of each 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 Contractor 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) Rover and/or Robotic Total Station (RTS) equipment to the Department with the same capabilities 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 the Department. This equipment referred to above shall be compatible with the system(s) used by the Contractor and be provided to the Project 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 the project and shall be returned, in good condition, to the Contractor upon final acceptance of the field work. Any augmented features (such as laser refinement) used by the Contractor shall be included in the features 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 Department project personnel prior to beginning any Work. This training is for the purpose of providing Department project personnel with an understanding of the equipment, software, and electronic data being used by the Contractor. 105.6.2.5 Field Layout Specifications All Work accomplished through electronic layout methods and/or machine control must meet the same accuracy requirements as the conventional grading construction standards detailed in the Standard Specifications. The contractor shall not use GNSS, GPS, or RTS equipment for a construction activity that requires a greater precision than the machine’s capability as per the manufacturer’s recommendation. 105.6.2.6 Basis of Payment No payment shall be made by the Department for the Contractor’s elected use of electronic methods of project location layout and control. Any delays arising from the operation of GNSS, GPS, or RTS layout or machine control systems will not result in adjustment to the bid price or quantity of any construction items or be justification for granting any type of contract extension. Any costs incurred through incorrect use of GNSS, GPS, or RTS layout or machine control systems or re-work necessary through their use are the sole responsibility of the Contractor. Training of Department project personnel in the use of GNSS, GPS, or RTS will be paid on a reimbursable basis based on submitted invoices, without Contractor markup. 105.6.3 Survey Quality Assurance It is the Department’s prerogative to perform construction survey quality assurance. Construction survey quality assurance is generally defined as an independent check of the Contractor’s construction survey quality control. The construction survey quality assurance process may involve physically checking the Contractor’s construction survey layout using independent survey data, or may involve reviewing the construction survey quality control written documentation. If the Department elects to physically check the Contractor’s survey layout, the Contractor’s designated surveyor may be required to be present. The Department will provide a minimum notice of 48 hours to the Contractor, whenever possible, if the Contractor’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 Department. 105.6.4 Boundary Markers The Contractor shall preserve and protect from 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 claims to re-establish the former location of all such monuments or points, including claims arising from 14 MRSA § 7554-A. For a related provision, see Section 104.3.11 - Responsibility 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 final 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 include 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 Material type(s). Such review shall not relieve the Contractor of responsibility under the Contract, including the overall correctness of Working Drawings, 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 day per drawing, whichever is greater. Second Submission: 10 Days or 1/2 day per drawing, whichever is greater. Each subsequent submission: 10 Days or 1/2 day per drawing, whichever 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 forth above when it determines that the Contractor has divided Working Drawings into 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 and second submission at no cost to the Contractor. For subsequent submissions, the Department will charge the Contractor a rate of $75 per person-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 return of Working Drawings and organize 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 submission will be returned without review and will be recorded as the first submission. When resubmitted, the review time requirements shall be those applicable to a first submission. One set of reviewed Working Drawings will be marked with comme nts and returned to the Contractor. The Contractor shall then revise its Working Drawings accordingly. Except as provided otherwise in the Contract, the Contractor shall 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 pollution 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 bodies or wetland, the Contractor shall notify the Department before Bidding. For a related provision, see Section 102.5.2 - Bidder’s Duty to Notify Department If Ambiguities Discovered. The Contractor is responsible for complying with all Permit co nditions. If the Contractor desires to modify or seek interpretation of any permit 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 appropriate to perform the Work. At the time of application, the Contractor shall provide the Department with notice of all applications for such Permits, licenses, or other permissions, and upon request, a copy of all such applications. For a related provision, see Section 104.3.2 - Furnishing of Other Property Rights, Licenses, and Permits. 105.8.3 Wetland and Waterbody Impacts

no permanent or temporary impacts to water bodies or wetlands identified on the Plans or otherwise known to the Contractor. For a related provision, see Section 656.3.4 – “Water Pollution Control Requirements.”

that can disturb the soil in an area that is outside the Project Limits, but is contiguous or in close proximity to such Limits, the area first must be examined and analyzed by a qualified wetlands specialist in order to determine whether wetlands exist, and if so, to delineate them. The Contractor must notify the Department of all such examinations and analyses and the results thereof. Wetlands so delineated must not be impacted unless properly permitted. Any fill Material generated from this Project shall not be pla ced, stored, or disposed of in a wetland at an off-site location unless the Contractor provides the Department with written evidence that all Permits necessary for such use have been obtained. Such evidence must be signed by the Owner of such site and otherwise acceptable to the Department.

prohibited without proper permitting or modification to existing Permits. Temporary Structures in a waterbody must comply with any Contract provisions regarding Instream Work. 105.8.4 Hazardous Materials If the Contractor encounters any condition that indicates the presence of uncontrolled petroleum or hazardous Materials, the Contractor shall immediately stop Work, notify the Department, treat any such conditions with extreme caution, and secure the area of potential hazard to minimize health risks to workers and the public, and to prevent additional releases of contaminants into the environment. Such conditions include the presence of barrels, tanks, unexpected odors, discoloration of soil or water, an oily sheen on soil or water, excessively hot earth, smoke, or any other condition indicating uncontrolled petroleum or hazardous Materials. The Contractor shall continue Work in other areas of the Project unless otherwise directed by the Department. The Contractor shall utilize approved vendors and comply with all federal, State, and local laws concerning the handling, storage, treatment, and disposal of uncontrolled petroleum or hazardous Material. If the condition meets the definition of a Differing Site Condition under Section 109.4.1, the Contractor may be eligible for an Equitable Adjustment. 105.8.5 Dredge Spoils (Dredge Materials) Unless otherwise pro vided in the Contract, dredge spoils may not be used as fill within the Project Limits. Any use or disposal of dredge spoils must be in accordance with all applicable federal and State laws. 105.8.6 Pit or Quarry Requirements General Pits or quarries that are sources of Material for the Project, including loam fields, shall meet the requirements of this Section 105.8.6. The Contractor must procure an Agreement from the Owners of such sources stating that the Owners will comply with these requirements. If requested by the Department, the Contractor will provide the Department with a copy of such Agreement. The Contractor shall provide the Resident with the center of the source GPS coordinate pairs (latitude and longitude) in decimal degrees (DD.DDDDDD), name, and town in which the source is located. Excavation Requirements Surface Material stripped from the pit shall be stored to allow for restoration of the pit. The Contractor shall not excavate from pit faces that are vertical or have an overhang. The Contractor must stop excavating within a 2 horizontal to 1 vertical slope 10 feet inside of a property line of a deposit, even though the Material within the pit may have a steeper angle of repose, except when an additional Agreement is reached with an adjacent property Owner to allow the extension of a pit onto the adjacent property Owner’s land. The Contractor must insure that hazards such as steep pit faces and ponds are protected by flattening slopes or by erecting suitable fencing.Rehabilitation If the pit is licensed by MDEP or LURC, the Contractor shall follow the rehabilitation provisions of said license. In the absence of such license requirements, the Contractor shall follow local Municipal Land Use Ordinances pursuant to Gravel Pit Operations. In the absence of such Ordinances, or if the Ordinances do not address rehabilitation of pits, the Contractor and Landowner shall agree, in writing, to the scope of rehabilitation of the pit. This agreement shall be signed by both parties. A copy of the agreement shall be submitted to the Resident.

105.8.7 Environmental Non-compliance - Remedies and Costs The Contractor shall be in non-compliance if it, or Subcontractors at any tier, fail to comply with the terms of this Contract or, pursuant to Section 104.3.7 - Laws To Be Observed, any applicable environmental or land use law or regulation, including Project specific permit conditions. If the Contractor is in non-compliance, the Department may, at its discretion:

Contractor is in non-compliance;

deduct all costs incurred by the Department from Progress Payments. Such costs include direct costs, Project Engineering costs, and Contractor costs from amounts otherwise due the Contractor, and/or

suspension shall continue until the Contractor has addressed all non-compliance issues as directed by the Department. The Contractor shall be responsible for any fines and penalties assessed by environmental or land use regulatory agencies due to such non-compliance. Such penalties may be withheld from amounts otherwise due the Contractor. For related provisions, see Sections 108.5 - Right to Withhold Payments and 108.9.3 - Amounts Due the Department.

105.9Historic and Archaeological Considerations Unless otherwise provided in the

contract, the Contractor is approved to construct the project in accordance with the contract plans. This in accordance with Section 106 of the National Historic Preservation Act (16 U.S.C. § 470 f), the Regulation (36 CFR Part 800), and the 2004 Section 106 Maine Programmatic Agreement. Changes during construction that vary from the project contract plans must be approved by the Department. These changes could have adverse effects to Historic Resources, as well as jeopardize federal funding. If the Contractor or any subcontractor discovers any object of potential historic archaeological or other historic interest, all Work that could disturb the object will immediately cease and will not resume until investigation of the object and related deposits have been completed, and if necessary recovered. The Contractor will notify the Department immediately if any such object is discovered. (The first indications of such an object may be burial grounds or campsites of Native Americans that reveal the bones of the dead and implements. Also the exposure of marine fossils or shells found mainly in clay deposits, as well as, exposure of dumps in landfill areas, abandoned campfire sites, and building foundations.) Any Delay of the Contractor’s operations resulting from the above discoveries will be analyzed in accordance with the Department Standard Specification Section 109.5 – Adjustment for Delay, except that in no event will such Delay be a Compensable Delay. The Contractor is notified of 27 MRSA § 371, which provides that the State owns all artifacts, specimens, and material that are found on, in, or beneath State-controlled lands.

105.10Equal Opportunity and Civil Rights

.1.1 Disadvantaged Business Enterprises Program The Department has

established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the United States Department of Transportation (USDOT), 49 CFR Part 26. The Department receives federal financial assistance from USDOT, and as a condition of receiving this assistance, the Department has signed an assurance that it will comply with 49 CFR Part 26. The Department is responsible for determining the eligibility of and certifying DBE firms in Maine. A DBE is defined as a for-profit business that is owned and controlled by one or more socially and economically disadvantaged person(s). For the purpose of this definition:

citizen or lawful permanent resident of the United States and who is Black, Hispanic, Native American, Asian, Female; or a member of another group or an individual found to be disadvantaged by the Small Business Administration pursuant to Section 3 of the Small Business Act.

a disadvantaged person.

ownership interests legitimately are held by a disadvantaged person(s).

51% of the beneficial ownership interests legitimately are held by a disadvantaged person(s). The disadvantaged group owner(s) or stockholder(s) must possess control over management, interest in capital, and interest in earnings commensurate with the percentage of ownership. If the disadvantaged group ownership interests are real, substantial, and continuing and not created solely to meet the requirements of this program, a firm is considered a bona fide DBE.

.1.2 Commercially Useful Function The Department will count expenditures

of a DBE contractor toward the DBE Goal only if the DBE is performing a commercially useful function (“CUF”) on that Contract. A DBE performs a CUF when it is responsible for execution of the Work of the Contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. Credit will be given only when the DBE meets all conditions for a CUF. Credit for labor will be given in accordance with the responsibilities outlined in the Contract. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the Contract, for negotiating price, determining quality and quantity, ordering the materials, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, industry practices, whether the amount the DBE firm is to be paid under the Contract is commensurate with the work it is actually performing and DBE credit claimed for its performance of the work, and other relevant factors. If, while the DBE is performing under the Contract, the DBE purchases supplies or rents equipment from the Contractor, the costs of such supplies or rentals do not count toward the DBE goal as defined in Section 105.10.1.3. A current listing of certified DBEs that may wish to participate in the highway construction program and the scope of work for which they are certified can be found at http://www.maine.gov/mainedot/civilrights/dbe.htm. Credit will be given for the value described by a DBE performing as:

that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Contractor. Brokers and packagers shall not be regarded as manufacturers.

firm that owns, operates, or maintains a store, warehouse or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public. For purposes of this provision a “Broker” is a DBE that has entered into a legally binding relationship to provide goods or services delivered or performed by a third party. Brokers and packagers shall not be regarded as regular dealers.

services include professional, technical, consultant, or managerial, services and assistance in the procurement of essential personnel, facilities, equipment, materials, or supplies required for the performance of the contract. Eligible services also include services provided by agencies providing bonding and insurance specifically required for the performance of the contract.

trucks are owned, operated, licensed, and insured by the DBE and used on the contract and, if applicable, includes the cost of the self-supplied materials and supplies. 100% of expenditures committed when the DBE leases trucks from another DBE firm, including an owner-operator. 100% of reasonable fees or commissions the DBE receives as a result of a lease arrangement for trucks from a non-DBE, including an owner-operator.

.1.3 Race-neutral Goals The Department is required to set an annual goal

(approved on a three year basis) for DBE participation in Federal-aid projects (the “DBE Goal”) pursent to 49 CFR 26.53. In order to fulfill that goal, bidders are encouraged to utilize DBE businesses certified by the Department. The Department seeks to meet the established DBE goal solely through race-neutral means. Race-neutral DBE participation occurs when a DBE is awarded a prime contract through customary competitive procurement procedures, is awarded a subcontract on a contract that does not carry a DBE contract goal, or wins a subcontract from a Contractor that did not consider its DBE status in making the award. A DBE/subcontractor Utilization Proposed Form is required to be included in bid documents. The Department will analyze each project and create a Project Availability Target (PAT), based on a number of factors, including project scope, available DBE firms, and firms certified in particular project work. Each bid will request that the contractor attempt to meet the PAT. This PAT is developed to assist contractors to better understand what the Department expectations are for a specific project. The PAT is not a mandate but an assessment of what each project can bear for DBE participation. The Department anticipates that each contractor will make the best effort to reach or exceed this PAT for the project.

.1.4 Race-conscious Project Goals If it is determined by the Department that

the annual DBE goal will not be met through race-neutral means, the Department may implement race-conscious contract goals on some projects. Race-conscious contract goals are goals that are enforceable by the Department and require that the Contractor use good faith effort as defined in 49 CFR 26.53 (“Good Faith Efforts”) to achieve the goal set by the Department for that particular project. If race-conscious means are implemented on a project, the Contractor must comply with the requirements of 49 CFR 26.51 and 26.53. At the time of the bid opening, all Bidders shall submit with their bid a Disadvantaged Business Enterprise (DBE) Commitment Form provided by the Department. This form will list the DBE and non-DBE firms that are proposed to be used during the execution of the Work. The list shall show the name of the firm, the item/material/type of work involved, and the dollar amount of work to be performed. The dollar total of each commitment shall be totaled and a percentage determined. If the project goal is not met, acceptable documentation showing all Good Faith Efforts (“GFE”)made to obtain participation may be required in order to award the project. Failure to provide the required listing with the dollar participation total or acceptable documentation of GFE to obtain DBE participation within 3 Days after the bid opening date will be considered a lack of responsiveness on the part of the low bidder. Rejection of the low bid under these circumstances will require the low bidder to surrender the Proposal Guaranty to the Department. The submission and approval of the above forms does not constitute a formal subcontract. If for any reason during the progress of the Work the Contractor finds that DBEs included on the list are unable to perform the proposed work, the Contractor, with written release by the committed DBE or approval of the Department, may substitute other DBE firms for those named on the list. If the Contractor is able to clearly document its inability to find qualified substitute firms to meet the project goal, the Contractor may request in writing approval to substitute the DBE with a non-DBE firm. If at any time during the life of the Contract the Department determines that the Contractor is not fulfilling the goal or commitment(s) and is not making a GFE to fulfill the DBE requirement, the Department may withhold progress payments. Fulfillment of the goal percentage shall be determined by dividing the dollars committed to the DBEs by the actual contract dollars. These requirements are in addition to all other Equal Employment Opportunity requirements on Federal-aid contracts.

.1.5 Certification of DBE attainment on Contracts The Department must

certify that it has conducted post-award monitoring of all contracts to ensure that DBEs have done the work for which credit was claimed. The Department will certify these contracts through review of CUF forms, Elations sub-contract payment tracking as well as occasional on-site reviews of projects and through the project’s final closeout documentation provided by our Contracts Section.

.1.6 Bidders’ List Survey Pursuant to 49 CFR § 26.11 the Department is

required to “create and maintain” a bidders list and gather bidder information on our construction/consultant projects. Contractors are required to maintain information on all subcontract bids submitted by DBE and Non-DBE firms and provide that information to the Department. The following information is required: Firm name Firm address Firm status (DBE or non-DBE) Age of firm (years) Annual gross receipts amount as indicated by defined brackets on the survey form, i.e., $500,000 to $800,000 This information critical in determining the availability of DBE businesses relative to other businesses that do similar work. In addition, FHWA requires that the Department obtain this information.

.2 Requirements Applicable to All Contracts Unless expr essly provided

otherwise in the Bid Documents, the provisions contained in this Section 105.10.1 apply to this Contract.

comply with the provisions of Maine’s Code of Fair Practices and Affirmative Action, 5 MRSA § 781, et seq., and all regulations promulgated thereunder. This Code, found at 5 MRSA § 784(2), reads as follows. “During the performance of this Contract, the Contractor agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religious creed, sex, national origin, ancestry, age, sexual orientation, physical and/or mental disability. Such action shall include, but not be limited to, the following: Employment, upgrading, demotions, transfers, recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, State that all qualified applicants will receive consideration for employment without regard to race, color, sexual orientation, religious creed, sex, national origin, ancestry, age, physical handicap, or mental handicap. 3) The Contractor will send to each labor union or representa tive of the workers with which he has a collective or bargaining Agreement, or other Contract or understanding, whereby he is furnished with labor for the performances of [sic] his Contract, a notice, to be provided by the Contracting Department or agency, advising the said labor union or workers’ representative of the Contractor’s commitment under this Section and shall post copies of the notice in conspicuous places available to employees and to applicants for employment. 4) The Contractor will cause the foregoing provisions to be inserted in all Contracts for any Work covered by this Agreement so that such provisions will be binding upon each Subcontractor. 5) Contractors and subcontractors with contracts in excess of $50,000 will also pursue in good faith affirmative action programs.”

Maine's Human Rights Act, 5 MRSA § 4551, et seq., and all regulations promulgated thereunder. This Act provides, among other things, that it is unlawful discrimination for any employer to fail or refuse to hire or otherwise discriminate against any applicant for employment because of race or color, sex, physical or mental disability, religion, age, ancestry or national origin, or sexual orientation except when based on a bona fide occupational qualification.

by Maine’s Code of Fair Practices and Affirmative Action or by federal law to notify a labor union or a representative of workers with whom the Contractor or the Subcontractor has a collective bargaining agreement, contract, or understanding through which labor is furnished must provide notice on the letter shown on this page below. The letter must be written on the Contractor’s or Subcontractor’s letterhead stationery. A list of Maine Department of Labor Career Center Job Service Centers follows the form below. To:_____________________________________________________________________ ( U n i on, employment agency or employee’s representative) ________________________________________________________________________ (Address) Subject: Equal Employment Opportunities on State Project No.: _________________________ _________________ Federal Aid Project No.: _______________________________ ___________ Location: __________________________________________ Description of Work: ___________________________________ _______ For Work related to the construction of the above listed Projec t to be performed under State Contract No.: _____________________________, I have pledged to provide equal employment opportunities without regard to race, color, religion, sex, nat ional origin, sexual orientation, or disability. This pledge applies to all employees and applicants for employment in connection with:  Hiring, Placement, Upgrading, Transfer or Demotion  Recruitment, Advertising or Solicitation for Employment  Treatment During Employment  Rates of Pay or Other Forms of Compensation  Selection for Training, Including Apprenticeship  Layoff or Termination Inquiries and complaints should be addressed to: President’s Committee on Equal Employment Opportunity Washington, D.C. 20425 S i g n e d : ____________________________ ____________________________ (Title) F o r : ____________________________ (Contractor) ____________________________ ____________________________ (Address) ____________________________ (Dated) Maine Department of Labor Career Centers & Job Service Centers Augusta Career Center P r e s q u e I s l e C a r e e r C e n t e r 21 Enterprise Drive, Suite 2 66 Spruce Street, Suite 1 109 State House Station P r e s q u e I s l e , M a i n e 04769-3222 Augusta, ME 04333-0109 Toll Free Phone: 1-800-760-1572 Toll Free Phone: 1-800-760-1573 L o c a l : ( 207) 474-4914 Local Phone: (207) 624-5120 F a x ( 207) 760-6350 Fax No: (207) 287-6236 T T Y U s e r s C a l l M a i n e R e l ay 711 TTY Users Call Maine Relay 711 Email: presqueisle.careercenter@maine.gov Email: augusta.careercenter@maine.gov Bangor Career Center Skowhegan Career Center 45 Oak Street, Suite 3 98 North Ave Bangor, ME 04401-7902 S k o w h e g a n, ME 04976-1923 Toll Free Phone: 1-888-828-0568 T o l l F r e e Phone: 1-800-760-1572 Local Phone: (207) 561-4050 L o c a l P hone: (207) 474-4950 Fax No: (207) 561-4066 F a x N o : ( 207) 474-4914 TTY Users Call Maine Relay 711 TTY Users Call Maine Relay 711 Email: bangor.careercenter@maine.gov Email:skowhegan.careercenter@maine.gov C a l a i s C a r e e r C e n t e r Springvale Career Center 1 C o l l e g e D r i v e 9 B o d w e l l C o u r t Calais, ME 04619-0415 S p r i ngvale, ME 04083 Toll Free Phone: 1-800-543-0303 T o l l F r e e : 1-800-343-0151 Local Phone: (207) 454-7551 L o c a l : ( 207) 324-5460 Fax No: (207) 454-0349 F a x : ( 207) 324-7069 TTY Users Call Maine Relay 711 TTY Users Call Main e Relay 711 Email: calais.careercenter@maine.gov E m a i l :springvale.careercenter@maine.gov Lewiston Career Center W ilton Career Center 5 Mollison Way 865 US Route 2E Lewiston, ME 04240-5805 W ilton, ME 04294-6649 Toll Free Phone: 1-800-741-2991 T o l l F r e e Phone: 1-800-982-4311 Local Phone: (207) 753-9001 F a x N o : ( 207) 645-2093 Fax No: (207) 783-5301 T T Y U s e r s C a l l M a i n e R e l ay 711 TTY Users Call Maine Relay 711 Email: wilton.careercenter@maine.gov Email: lewiston.careercenter@maine.gov

parties have a right to Work in an environment free from harassment, including sexual harassment. Maine State Law and the Department prohibit any and all forms of sexual harassment in the Workplace, on the job site, or that may have an effect on the Work environment. THEREFORE: The Contractor hereby agrees to the following requirements in order to provide and promote a non-discriminatory Workplace free of sexual harassment.

unwanted verbal or physical advances, sexually explicit derogatory statements, or sexually discriminatory remarks that cause discomfort, humiliation, or are in any way offensive to the recipient, or that interfere with the quality of any employee’s Work environment in any way. Furthermore, no one on any job shall threaten or insinuate either explicitly or implicitly that any employee’s submission to or rejection of sexual advances will have any effect on that person’s employment, job assignment, training, evaluation, promotion, wages, or any other term or condition of employment or future job opportunity. Under Maine State Law, Contractors are responsible for ensuring and maintaining a Work environment that is free from sexual harassment.

subject to disciplinary action. Contractors that fail to adequately and expeditiously investigate sexual harassment claims will be subject to enforcement proceedings and such sanctions as are authorized by law. Contractors are required to provide detailed written reports to the Department when so requested that shall describe the investigation and corrective actions taken by Contractors in all instances of sexual harassment allegations. Contractors shall also be responsible for ensuring that no ret aliation, reprisal, or intimidation be directed against any complainant or other employee who provides information to any person or agency investigating an allegation or complaint of sexual harassment.

of its knowledge and belief, that the Contractor has made and will continue to make a good- faith effort to comply with all applicable State requirements on equal employment opportunity, non-discrimination, and affirmative action, including employment of women, minorities, and disadvantaged as journeyed trade workers. Contractors not having achieved company-wide trade employment goals of 6.9% for females and 0.5% for minorities will, where indicated by Contract and to the maximum extent practical, comply with Section 660 - On-the-Job Training.

105.11Other Federal Requirements Prior to payment by the Dep artment, the

Contractor shall provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of the Buy America provisions of 23 CFR § 635.410, as amended. Such certification shall also include (1) a statement that the iron or steel product or component was produced entirely within the United States, or (2) a statement that the iron or steel product or component was produced within the United States, except for minimal quantities of foreign steel and iron valued at $ (actual value). All manufacturing processes must take place within the United States. Manufacturing begins with the initial melting and mixing, and continues through the coating stage. Any process that modifies the chemical content, the physical size and shape, or the final finish is considered a manufacturing process, including rolling, extruding, machining, bending, grinding, drilling, and coating. “Coating” includes epoxy coating, galvanizing, painting, or any other coating that protects or enhances the value of the material. A “Buy America” Certification is required from each manufacturer, fabricator, supplier, subcontractor that engages in “manufacturing” as defined above. “Buy America” does not apply to raw materials (iron ore and alloys), scrap, pig iron, or processed, pelletized, and reduced iron ore.