1-62 Section 107. Legal Relations and Responsibilities to the Public
107.01 Laws to B e Observed
The Contractor must be familiar with all state and feder al laws, rules, executive orders, regulations, agricultural quarantines, local ordinances, and State Administrative Board resolutions that are current at the date of the advertisement and that supplement the contract or affect the equipment and materials used in the proposed construction, those employed on the work, and the conduct of the work. The Contractor must hold harmless and indemnify the Department and its representatives against any claim arising from any violation. It is the Contractor ’s responsibility to determine what the laws require and then, at the sole expense of the Contractor, to perform the work required by the contract in whatever manner may be necessary to comply with all applicable laws. The Contractor is liable to the Department for fi nes, assessments, remediation, or environmental response costs incurred by the Department because of the Contractor ’s failure to comply with federal, state, and local laws. The Engineer has the authority to shut down affected operations if the Contractor d oes not comply with the applicable laws. The Engineer also has the authority to direct the Contractor to implement immediate remedial action to bring the affected operations into compliance. The Contractor is not entitled to an extension of time or compens ation for delays, inconvenience, or any other cause attributed to the Engineer ’s suspension of the work or directing remedial actions to bring the affected operations into compliance with the applicable laws. Pursuant to the Elliot -Larsen Civil Rights Act (MCL 37.2101 et seq .), the Contractor agrees not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, height, weight, or marital status. Pursuant to the Persons with Disabilities Civil Rights Act (MCL 37.1101 et seq.), the Contractor agrees not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment because of a disability unrelated to the individual ’s ability to perform the duties of a particul ar job or position. Pursuant to the requirements and procedures of the Davis -Bacon and Related Acts in 29 CFR Parts 1, 3, and 5, and Michigan law, the Contractor MDOT Standard Specifications for Construction Section 107 1-63 must comply with all labor compliance provisions in the contract and as specified in the curr ent written Department procedures for prevailing wage compliance oversight.
107.02 Permits and Licenses
The Contractor must obtain and pay for permits and licenses required by the contract and necessary for the lawful prosecution of the work unless otherwise issu ed to or by the Department.
A.Reimbursement of Fees. The Department will reimburse the Contractor for the following:
1.Permit fees required by local government agencies to construct work as required by the contract; and
2.The portion of deposits or cash bonds required by local government agencies charged for inspection fees.
B.Permits. The Contractor must follow the requirements outlined in the permits issued to the Department. If the proposed work or work methods necessitate a change to previously issued permits, the Contractor must provide a written request to the Engineer detailing the proposed changes. This requirement includes, but is not limited to, the following permits:
1.Natural Resources and Environmental Protection Act (MCL 324.101 et seq.):
a.Part 31, Water Resources Protection (Floodplains) ;
b.Part 31, National Pollutant Discharge Elimination System (NPDES);
c.Part 301, Inland Lakes and Streams; and
d.Part 303, Wetlands Protection.
2.U.S. Army Corps of Engineers Section 404, Dredge and Fill , and Section 10, Navigable Waterway.
3.U.S. Coast Guard Section 9, Navigable Waterway.
4.Federal Aviation Administration (FAA) permits. The Contractor must not proceed with the change until the Department provides written approval. The Department ’s approval of the change will require internal coordination, and the Contractor should therefore anticipate some delay. If the Department determines that the requested change is detrimental to the e nvironment, the Department will not submit a permit revision request to the permitting agency . The Contractor is not MDOT Standard Specifications for Construction Section 107 1-64 entitled to an extension of time or compensation for delays, inconvenience, or any other cause attributed to obtaining, or the inability to obtain, the permit changes unless the need for the permit change was the result of a contract revision in accordance with subsection 103.02.
107.03 Patented Processes and Materials
The Contractor must defend all patent infringement suits resulting from the use of designs, devices, material, or processes employed to construct the work as required by the contract. The Contractor must hold harmless and indemnify the Department and its representatives against suits or claims for royalties, damages, and costs. The Contractor is responsible for submitting to the Engineer a written statement from the patentee or licensee for plans not supplied by the Department that embod ies the use of any patented process, device, or design. The statement must set forth the exact terms under which the plans are to be used and the fixed price for which the Contractor may use the plans, processes, devices, or designs without further liability.
107.04 Federal Aid Participation
If any federal laws, rules, or regulations conflict with any provisions of a federally assisted contract, the federal requirements will prevail, take precedence, and be in force over and against such provisions. If the cost of the contract work includes federal participation, the work will be under the supervision of the Department but will be subject to the inspection and approval of the proper officials of the United States Government. Inspections made by authorized federal representatives will not make the United States Government a party to the contract and will not interf ere with the rights of the contract parties. The making or use of false statements by the Contractor relating to documentation is a felony punishable by a fine of no more than $10,000, imprisonment for no more than 5 years, or both. Making or using false claims for obtaining payment against federal funds subjects violators to forfeiture of $10,000 for each violation in accordance with the anti -fraud statute originating from the Federal -Aid Road Act of 1916.
107.05 Sanitary Provisions
The Contractor must provide and maintain, in a neat and sanitary condition, facilities for the Contractor ’s employees to comply with the requirements and regulations of the federal, state, and local health authorities and must take precautions to avoid creating unsanitary conditions. MDOT Standard Specifications for Construction Section 107 1-65 The Contractor must remove temporary sanitary facilities from the project limits before final acceptance. The Contractor must construct, maintain, and remove temporary sanitary facilities at no additional cost to the Department.
107.06 Furni shing Right -of-Way
The Department will be responsible for the following:
A.Securing right -of-way necessary for the project before construction; and
B.Identifying in the contract any right -of-way that the Department has not secured.
107.07 Protection and Restoration o f Property
The Contractor must restore, at no additional cost to the Department, public and private property damaged because of acts or omissions by the Contractor and the employees and agents of the Contractor to a condition equal to that existing before the damage occurred. If the Contractor neglects to make restoration within 7 days of receiving written notice from the Engineer, or as otherwise required by applicable laws or regulations, the Engineer may proceed to make the restoration. The Engineer will deduct the cost of the restoration from monies that are or may become due the Contractor.
107.08 Land Monuments and Property Corners
The Contractor must locate and preserve existing public land survey corners, property -controlling corners, and alignment control points as shown on the plans or as directed by the Engineer. The Contractor must provide a professional surveyor, licensed in the State of Michigan, to perform work necessary to maintain the corners. This work must be completed and will be paid for in acco rdance with section 821.
107.09 Archaeological and Historical Findings
If the Contractor finds what appear to be items of potentially archaeological or historical significance (such as bones, artifacts, or buried foundations), the Contractor must immediately stop operations in that location and notify the Engineer. Any discovered items are the property of the State of Michigan. The Engineer will investigate and contact the Department ’s Archaeologist for consultation and direction. If bones are disc overed and there is no reasonable doubt that they are human bones, the Engineer will immediately call the respective local law enforcement agency according to Michigan law . The Engineer, in consultation with the Department Archaeologist , will direct the Contractor to resume operations or continue the suspension of operations in accordance with subsection 104.01.B. MDOT Standard Specifications for Construction Section 107 1-66 The Contractor must cooperate in the recovery of archeological and historical items, as directed by the Engineer. The Department will pay the Contractor and grant an extension of time for any delay related to the recovery of archeological and historical items as extra work in accordance with subsection 103.02.
107.10 Indemnification, Damage Liability, and Insurance
A.Indemnification. The Contractor must hold harmless, indemnify, and defend in litigation the State, the Commission, the Department, and their agents and employees against claims for damage to public or private property and for injuries to persons arising out of the performance of the work unti l the Contractor achieves satisfactory final inspection in accordance with subsection 109.07.C.1. The Contractor will not be responsible for claims that result from the sole negligence or willful acts or omissions of said indemnitee.
B.Workers ’ Compensation Insurance. The Contractor must carry the necessary workers ’ compensation insurance and must submit a certification that it carries w orkers’ compensation insurance to the Department in accordance with subsection 102.14 .
C.Bodily Injury and Property Damage. The Contractor must carry adequate insurance, satisfactory to the Department, to afford protection against claims for damage to public or private property and injuries to persons arising out of the performance of the work until the Contractor achieves satisf actory final inspection in accordance with subsection
109.07 C.1. If required by the contract, the Contractor must also carry
adequate insurance to protect the owner of premises on or near where construction operations are to be performed. Copies of completed certificates of insurance must be submitted to the Department in accordance with subsection 102.14 .
1.Bodily Injury and Property Damage Other Than Automobile. Unless otherwise required by the contract, the Contractor must provide the following minimum li mits of property damage and bodily injury liability: Bodily Injury and Property Damage Liability: Each Occurrence ......... $1,000,000 Aggregate .................... $2,000,000 This insurance must include coverage for the following:
a.Underground damage to facilities due to drilling and excavating with mechanical equipment; and MDOT Standard Specifications for Construction Section 107 1-67 b. Collapse or structural damage to structures due to blasting or explosion, excavation, tunneling, pile driving, cofferdam work, or the moving or demolition of buildings.
2.Bodily Injury Liability and Property Damage Liability Automobile. Unless otherwise required by the contract, the Contractor must provide the following minimum limits of bodily injury liability and property damage liability: Bodily Injury Liability: Each Person .................. $500,000 Each Occurrence ......... $1,000,000 Property Damage Liability: Each Occurrence ......... $1,000,000 Combined Single Limit for Bodily Injury and Property Damage Liability: Each Occurrence ......... $2,000,000
3.Umbrella Policy. The Contractor may meet the requirements of subsection 107.10.C.1 and subs ection 107.10.C.2 through an umbrella policy.
4.Owners Protective Liability. The Contractor must ensure that the insurer extends bodily injury and property damage protection, including general supervision of work performed, to the State, the Commission, the Department, and their agents and employees and, as indicated by the identity of the contracting parties, to participating political subdivisions and public corporations. The minimum limit will be $1,000,000. Instead of the owners protective liability, the Contractor must add to its bodily injury and p roperty damage policy:
a.Additional Insured. The bodily injury and p roperty damage policy must name as additional insured the State, the Department, and the Commission and all agents and employees t hereof and, where indicated by the identity of the contracting parties, the protection must be extended to all participating political subdivisions and public corporations.
b.Per Project Aggregate. The bodily injury and p roperty damage policy must have an en dorsement that provides the g eneral aggregate limit to each designated construction project.
c.Umbrella Policy. An umbrella policy with a $2,000,000 limit must be provided. MDOT Standard Specifications for Construction Section 107 1-68 D. Notice. The Contractor must ensure that all insurance policies and binders include an endorsement in which the insurer agrees to notify the Department in writing at least 30 days before there is a cancellation or material change in coverage. The Contractor must st op operations if any insurance is canceled or reduced below the specified limits and must not resume operations until new insurance is in force.
E.Damage Claims. The Contractor is responsible for acting on damage claims that occur from execution of the contr act until the Contractor achieves satisfactory final inspection in accordance with subsection
109.07 C.1. The Contractor may act directly with the claimant or through
the claimant ’s insurance carrier.
1.Damage Claim Program. Before beginning construction on the project, the Contractor must submit a written damage claim program plan for approval by the Engineer. The plan must outline the Contractor ’s plan for the investigation and disposition of damage claims. The Contractor must meet with the Engineer to disc uss the damage claim program and develop a mutual understanding of how the Contractor will govern, administer, and enforce the program.
2.Damage Claim Officer. The Contractor must provide written notification to the Engineer of the name and contact informati on for the Contractor ’s Damage Claim Officer. The Damage Claim Officer is the person with the authority and responsibility to administer the Contractor ’s damage claim program.
3.Damage Claim Process. The Engineer will submit damage claim forms received by th e Department to the Contractor within 14 days from the first contact with the claimant. The Contractor must act on damage claims within the time frames specified in this subsection and must submit to the Engineer a report on damage claims received that includes information as specified in subsection 107.10.E.5.
a.Claims Less Than or Equal t o $1, 500. The Contractor must reach final disposition and notify the claimant in writing within 60 calendar days of receipt of the damage claim form from the Engineer. If the Contractor fails to reach final disposition and notify the claimant within 60 calendar days, the Engineer will enforce subsection 107.07. In this circumstance, the Department defines restoration as payment to the claimant for alleged damages as document ed on the original damage claim form. If payment is made based on failure to meet the time requirement, the claimant must sign a waiver indicating that payment was made because of a failure to meet the time requirement not because of the merit of the damage claim. Before the 60 calendar days expires, the MDOT Standard Specifications for Construction Section 107 1-69 Contractor may request an extension of no more than 30 calendar days for documented circumstances beyond the Contractor ’s control. The Contractor must make this request in writing to the Engineer on MDOT Form 1100A Extension of Contract Time Request No.
b.Claims Greater Than $1, 500. The Contractor must reach final disposition and notify the claimant in writing within 120 calendar days of receipt of the damage claim form from the Engineer. If the 120 c alendar days expire prior to final acceptance of the project, the Engineer will withhold the amount of the damage claim from payments to the Contractor until the Contractor reaches final disposition and notifies the claimant.
4.Final Disposition. The Department will withhold from the final estimate or monies due or to become due the Contractor an amount not exceeding the aggregate amount of all outstanding and unresolved damage claims until final disposition of all damage claims. Final disposition for damage clai ms of $1,500 or less must include payment, settlement, or denial of the damage claim by the Contractor ’s insurer or the Contractor. Final disposition for damage claims over $1, 500 must include payment, settlement, or denial of the damage claim by the Contr actor ’s insurer or settlement or payment by the Contractor.
5.Documentation Requirements. The Contractor must use the Department ’s standard forms for processing damage claims, unless otherwise approved by the Engineer. The Contractor must submit to the Engineer a report upon final disposition of each damage claim. The report must include the following information:
a.Location of the incident;
b.Specific work activities during the day and time of damage claim;
c.Detailed weather and road conditions;
d.Traffic movements , signing, and equipment in use;
e.Any unusual occurrences;
f.Measurements taken at the time or location of the incident;
g.Records of all contact with Engineer or claimant to discuss disposition;
h.Other documentation pertinent to the damage claim; and
i.Report of final disposition of damage claim. MDOT Standard Specifications for Construction Section 107 1-70 107.11. Contractor ’s Responsibility for the Work Until the Contractor achieves satisfactory final inspection in accordance with subsection 109.07.C.1, the Contractor is responsible for the work and must take every precaution against injury to the public or otherwise and damage to public or private proper ty due to the elements or other causes. The Contractor is responsible for any expense resulting from and of the aforementioned injuries or damages. The Contractor must rebuild, repair, restore, and make good any injury or damage to the work before the Cont ractor achieves satisfactory final inspection in accordance with subsection 109.07.C.1 and at no additional cost to the Department except for injury or damage that is beyond the Contractor ’s control and not the fault of the Contractor including, but not li mited to, the following:
A.Acts of God or of the public enemy;
B.Acts of the g overnment;
C.Geohazards found by the Engineer to have been unavoidable;
D.Ordinary wear and tear on sections of the road opened to traffic as required by the contract or ordered by the Engineer; and
E.Maintenance and third- party damage responsibility for portions of the work that have been granted partial acceptance, or designated for delayed acceptance, by the Department in accordance with subsection 109.07. The Contractor must obtain approval from the Engineer for the use of drainage facilities (existing or proposed according to the contract) belonging to the Department or another state or local government agency. The Engineer and the Contractor must determine the condition of the fac ilities and make arrangements to allow use. Before the Contractor achieves satisfactory final inspection in accordance with subsection 109.07.C.1, the Contractor must restore drainage facilities used or affected by the Contractor ’s operations to a condition that is equal to or better than the condition of the facilities before the Contractor ’s use. Drainage facilities include catch basins, manholes, inlets, sumps, sewers, lift stations, outlets, and open drainage systems. In case of suspension of work, the Contractor is responsible for the proper storage of materials and providing suitable drainage of the project.
107.12 Contractor ’s Responsibility for Utility Property and Services
The Contractor must comply with the MISS DIG Underground Facility Damage Prevention and Safety Act (MCL 460.721 et seq. ). Compliance does not relieve the Contractor of the responsibility to notify u tility owners identified in the contract that are not part of MISS DIG Systems, Inc. MDOT Standard Specifications for Construction Section 107 1-71 The Department ’s freeway lighting system, Intelligent Transportation System s (ITS), and miscellaneous electrical systems are not part of MISS DIG Systems, Inc. The Contractor must contact the maintenance representative at the MDOT Region Office before starting w ork near lighting systems, ITS, and traffic systems. The Contractor must not start this w ork until the Department has staked the lighting systems, ITS, and traffic systems. The Contractor must not start work until arrangements are made for the protection of adjacent utilities or other property where damage might result in expenses, loss, or inconvenience. The Contractor must cooperate with the utility owner in removal, relocation, and reinstallation work.
107.13 Personal Liability of Public Officials
The Commission, Director, Engineer, and their authorized representatives are not liable, either personally or as officials of the State, for exercising the authorities granted to them by the contract. It is understood that they act solely as agents and representatives of the State.
107.14 No Waiver of Legal Rights
The Department and the Commission are not precluded or estopped by measurements, estimates, or certificates made before or after the completion, acceptance, and payment for the work, from showing the true amount and character of the work performed and materials provided by the Contractor or from showing that these measurements, estimates, or certificates are untrue or incorrectly made or that the work or materials do not conform to the contract. The Department and the Commission are not precluded or estopped, notwithstanding measurements, estimates, or certificates and payments , from recovering from the Contractor and the surety overpayment that may have been caused by the erroneous measurement, estimate, or certification and damages it may have sustained by reason of the Contractor ’s failure to comply with the terms of the contract. Neither the acceptance by the Direc tor or by the Director ’s representative, nor payment for or acceptance of the whole or part of the work, nor extensions of time, nor possessions taken by the Department will operate as a waiver of portions of the contract or of power reserved or right to damages provided. A waiver of any breach of the contract is not a waiver of any other or subsequent breach.
107.15 Compliance with Laws; Environmental Protection
The Contractor must take the measures during the performance of the work that are necessary to comply with federal, state, and local laws and regulations for the protection of the public health, safety, welfare, and environment. Unless the contract provides otherwise, the costs related to MDOT Standard Specifications for Construction Section 107 1-72 complying with these laws and regulations are included in the contract unit prices for related items of work. The following are requirements specific to environmental protection matters.
A.Control of Air Pollution
1.Dust Control. During the construction of a project, the Contractor must maintain adequate dust control measures to prevent any detriment to the safety, health, welfare, or comfort of any person or damage to property, residence, or business. If the contract does not contain a pay item for dust control, the cost of the dust control is included in the contract unit pri ce for other pay items.
2.Hot Mix Asphalt (HMA) Plants, Concrete Plants, and Crushing Plants. All HMA plants, concrete batch plants, and crushing plants must be in compliance with the Natural Resources and Environmental Protection Act (MCL 324.101 et seq. ), including, but not limited to, Part 55, Air Pollution Control , of the Natural Resources a nd Environmental Protection Act (MCL 324.5501 et seq. ) and the rules of the Michigan Department of Environment, Great Lakes, and Energy (EGLE ). All portable HMA plants, portable concrete batch plants , and portable crushing plants are required to have an EGLE permit to install.
3.Open Burning. The Contractor must obtain the Engineer ’s approval before burning trees, brush, or stumps at the site of land-clearing operations within the project limits. The Contractor must burn at least 1,400 feet from the limits of any incorporated municipality and must comply with any local ordinances or st ate regulations. Adequate control measures must be maintained to prevent any detriment to the safety, health, welfare, or comfort of any person or damage to property, residence, or business. Note that a burn permit from the Michigan Department of Natural R esources (MDNR) is required for any open burning whenever the ground is not snow covered. A burn permit may also be required from the local unit of government. Any individuals who allow a fire to escape will be in violation of the Natural Resources and Env ironmental Protection Act (MCL 324.101 et seq. ) and will be required to reimburse the costs of suppressing the fire.
4.Demolition or Renovation Notification. The Contractor must not begin demolition of any building or structure without first submitting the appropriate notifications as required by the contract. The Contractor must provide copies of all notifications to the Engineer prior to beginning demolition or before remov ing any regulated asbestos -containing material. MDOT Standard Specifications for Construction Section 107 1-73 B. Construction Site Sto rm Water Runoff. The Contractor must perform the work in a manner that will prevent sediment from entering watercourses, streams, lakes, and wetlands. In addition to the soil erosion and sedimentation control requirements of section 208, the Contractor must employ good housekeeping and pollution prevention practices to prevent construction-related pollutants from entering the storm water drainage system or being carried outside the project limits by storm water runoff. Potential sources of storm water pollutants include, but are not limited to, the following:
1.Materials storage areas ;
2.Equipment maintenance and refueling areas ;
3.Construction waste receptacles ;
4.Concrete truck clean -out areas ;
5.Sanitary facilities ; and
6.Field office sites.
C.Control of Hazardous and Polluting Materials. The Contractor must use, store, and dispose of hazardous materials, hazardous waste, toxic materials, and/or polluting materials in accordance with applicable federal, state, and local laws and regulations.
1.Fueling and Eq uipment Maintenance Area. The Contractor must store fuel, perform equipment maintenance, and clean or wash vehicles and equipment, including concrete trucks, in an area equipped as follows:
a.Located at least 50 feet from storm drainage systems, wetlands , or watercourses;
b.Paved or lined with a surface that will protect the soil, ground water, and surface water;
c.Surrounded by a containment berm; and
d.Equipped with a sump to collect and properly dispose of waste material. The Contractor may propose a written plan to provide alternat ive protective measures for fueling and equipment maintenance areas to the Engineer for approval. The Contractor must rest ore these areas in accordance with the project clean- up requirements in section 209. MDOT Standard Specifications for Construction Section 107 1-74 2. Equipment Cleaning and Washi ng. The Contractor must:
a.Limit vehicle and equipment cleaning or washing within the project limits to that necessary to control vehicle tracking;
b.Notify the Engineer before cleaning or washing vehicles or equipment within the project limits with soap, solv ents, or steam;
c.Contain any resulting waste and recycle or dispose of the waste in accordance with state and federal regulations;
d.Not use materials containing petroleum distillates to clean vehicles or equipment ; minimize the use of solvents for this purpose;
e.Inspect sumps regularly and remove liquids and sediments as necessary;
f.Use as little water as possible if washing vehicles or equipment with water; and
g.Equip hoses with positive shutoff valves.
3.Storage of Materials On or Under Bridges and Structures. The Contractor must not store equipment or materials with the following U.S. Department of Transportation Material Class Designations under or within 50 feet of Department or l ocal agency -owned bridges and structu res:
a.Class 1 – Explosives;
b.Class 2 – Gases: Flammable, non-flammable, poisonous , or toxic ;
c.Class 3 – Flammable liquids ;
d.Class 4 – Flammable solids ;
e.Class 5 – Oxidizing substances; organic peroxides ;
f.Class 6 – Poisonous (toxic) material; infectious substances ;
g.Class 7 – Radioactive material ;
h.Class 8 – Corrosive s; and
i.Class 9 – Miscellaneous dangerous goods The Contractor must not store plastic, polyethylene, or other petroleum -based products or other flammable or combustible materials under or within 50 feet of bridges and structures owned by the Department or local agencies. Staging and storage of construction equipment using these materials will be allowed on the bridge decks relate d to the Contractor ’s active MDOT Standard Specifications for Construction Section 107 1-75 construction operations. The Engineer will approve appropriate protective measures for fueling and maintenance of equipment on bridge decks.
107.16 Forest Protection
If performing work within or adjacent to state or n ational forests, the Contractor must comply with relevant regulations of state and f ederal agencies. In national forests, the Contractor must contact the United States Department of Agricultur e Forest Service Forest Supervisor for the appropriate section of the sta te regarding the work the Contractor will be performing within or adjacent to the forest land. In state forests, the Contractor must contact the local Unit Manager, Forest Resources Division, MDNR, regarding the work to be performed within or adjacent to t he forest land. The Contractor must observe sanitary laws and regulations with respect to the performance of work in forest areas. The Contractor must keep the forest areas in an orderly condition, dispose of refuse, and obtain permits for the construction and maintenance of construction camps, stores, warehouses, residences, latrines, cesspools, septic tanks, and other structures according to the requirements of the Forest Supervisor or State Forester. The Contractor must obtain permits before burning forest debris from clearing and grubbing operations and require that employees and subcontractors take all precautions reasonably within their power to prevent and suppress forest fires including:
A.Assist ing in preventing and suppressing forest fires at the request of forest officials; and
B.Making every possible effort to notify a f orest official at the earliest possible moment of the location and extent of any fire observed in the area.
107.17 Use of Explosives
Before using explosives on the project, the Contractor mus t obtain prior written approval from the Engineer. Such approval does not relieve the Contractor of liability or responsibility for damages resulting from the use of explosives. The Contractor must comply with all laws, regulations, and ordinances and exer cise the utmost care not to endanger life or property, including new work.
107.18 Work over Navigable Waters
The Contractor must perform work on or over navigable waters in accordance with any permits issued by the controlling authority. MDOT Standard Specifications for Construction Section 107 1-76 107.19. Hauling on Local Roads an d Streets The Contractor must ensure that haul loads are within the legal load limits established by the local government agency. The Contractor is responsible for preventing the tracking of material onto local roads and streets and must remove such materi al at no additional cost to the Department.
107.20 Private Railroad Crossing for Haul Purposes
If a temporary railroad crossing is necessary, the Contractor is responsible for the following:
A.Requesting that the railroad company construct the temporary crossings and notifying the railroad company in advance of the Contractor ’s use of the temporary crossings. This is subject to the Contractor ’s meeting the railroad company ’s requirements, including executing agreements and providing insurance coverage.
B.Determining and complying with the requirements of the railroad company covering the location, installation, protection, maintenance, use, and removal of the temporary crossing. Unless otherwise required by the contract, the costs related to the temporary crossing, including but not limited to the following, are included in the contract unit prices for other pay items:
1.Installation, protection, maintenance, and removal of the temporary crossing;
2.Flaggers;
3.Construction engineering inspection by the railroad company;
4.Contractual liability insurance for the temporary crossing and any other insurance required by the railroad company; and
5.Incidental work, such as drainage facilities and the removal, alteration, and replacement of railroad fences.
107.21 Open to Traffic
The Contractor must not open the p roject or sections thereof to traffic until approved by the Engineer. The Engineer ’s approval of the project or section thereof for traffic does not constitute partial or final acceptance of the p roject or any part of it or a waiver of any provision of the contract. The Contractor is not responsible for the costs of maintaining the section of the p roject opened for traffic. If the Engineer approves the entire p roject or any section thereof for traffic and the Contractor opens it to traffic before final acceptance and final payment, the Contractor must perform the remainder of the work in a manner MDOT Standard Specifications for Construction Section 107 1-77 that causes the least obstruction to traffic. The Contractor must make provisi ons for the safety of traffic as required by the contract. Legal weight restrictions in the Michigan Vehicle Code (MCL 257.1 et seq. ), local ordinances, and legal posting s apply to sections of the p roject opened to traffic. Before the seasonal suspension, the Engineer will determine the w ork the Contractor must complete to bring the p roject to an acceptable condition for traffic and winter maintenance, including necessary traffic and erosion control measures. Until the Contractor completes this w ork, the Engineer will not designate the p roject as approved for traffic. On sections of the p roject opened to traffic, the Contractor must correct damage due to defective materials, faulty workmanship, negligent acts of the Contractor, and natural causes (except as provided in subsection 107.11) at no additional cost to the Department.
107.22 Construction Staging Areas
The Contractor must not use any public recreation area as a staging area, marshalling yard, or storage facility or for any other construction su pport unless it is specified in the contract. Public recreation areas include parks, trails, game areas, wildlife and waterfowl refuges, playgrounds, golf courses, athletic fields , and similar areas that are publicly owned by public school districts or local, state, or federal governments. Any agreements negotiated between the Contractor and the owner of a public recreation area before or after the a ward of the contract will not be considered valid by the Department. If the Engineer determines that the Cont ractor is in noncompliance with this subsection, the Engineer may terminate the c ontract in accordance with subsection 108.12. This will include the immediate restoration of the public recreation area at the Contractor ’s cost.
107.23 National Pollutant Discharge Elimination System Inspection and
Response Part 31, Water Resources Protection , of the Natural Resources a nd Environmental Protection Act (MCL 324.3101 et seq. ) and Part 21, Wastewater Discharge Permit Rules/National Pollutant Discharge Elimination System (NPDES), of the Natural Resources a nd Environmental Protection Act (MCL 324.21101 et seq. ) apply to p rojects with a potential for disturbance of land totaling 5 acres or gre ater during construction. The Department will f ile a Notice of Coverage with the EGLE for these p rojects. MDOT Standard Specifications for Construction Section 107 1-78 The Engineer will assign a Storm Water Management -Construction Site or Soil Erosion and Sedimentation Comprehensive Inspector to perform p roject revie ws for NPDES compliance. All deficiencies will be brought to the attention of the Contractor. The project will be inspected every 7 days or within 24 hours of a precipitation event that results in discharge from the site, including weekends regardless of w hether the Contractor is working. A discharge is defined as storm water runoff that does not infiltrate the ground and leaves the construction site or enters w aters of the state after a precipitation event. The Contractor has 5 calendar days in which to co mplete, or have completed, all corrective actions except those of an emergency nature that are required as a result of the NPDES inspection. Corrective actions of an emergency nature will be determined by the Engineer and will include sedimentation that occurs on or in any project facilities, waters of the state, and erosion that affects the support of the roadbed or the safety of the public. Emergency corrective actions must be completed in an acceptable manner by the Contractor within 24 hours after notification.
107.24 Federal Aviation Administration Notification for Structure Work
The Contractor is required to noti fy the FAA and/or local airport zoning authority if any proposed permanent structures or temporary structures, including, but not limited to, temporary scaffolding, forms, poles, and crane booms, exceed the criteria listed below, no matter the duration and must acquire any necessary permit s if the proposed construction or alteration of permanent or temporary structures meets any of the following criteria:
A.Anything over 200 feet above ground level at the project site, including temporary construction and/or equipment;
B.Any changes or variat ions that exceed the heights or locations set forth in permits included in the contract; or
C.Any changes or variations that exceed the height set forth in the contract if permits are not included in the contract. The Contractor must schedule operations to allow for the maximum 45-day FAA review period. Extensions of time will not be granted for failure to submit the FAA notifications 45 days prior to commencement of construction activities subject to notification requirements. The Department will include a copy of any permits , such as FAA, Michigan Tall Structure , and local or municipal airport zoning, obtained by the Department.
Source: Michigan Standard Specifications for Construction, 2020 Edition. Pages 74–90 of 1,146.