Section 106 Section 106 be delivered or made available to the Contra ctor at the points specified in the Contract. Unless otherwise specified, the cost of handling, placing, and maintaining all materials after they are delivered or made availabl e will be at the Contractor's expense. The Contractor will be held responsible for a ll materials delivered or made available and deductions will be made from monies due for shortages or deficiencies, damages that may occur thereafter, and any demurrage charges.
106.12 Substitute Materials . The Contract will typically specify material generally
used in highway construction. The Department from time to time will approve substitute materials for specific uses. These materials and their uses will be noted on the Department's APL. Contractors proposing to use substitute materials will be responsible for determining if the material has gained Department approval. When an approved substitute material is to be used, the Cont ractor will furnish a certification from the manufacturer that the product is the same ma terial as approved by the Department and that no alterations have been made. Material will be sampled and tested by the Department as necessary for acceptance. Appr oved lists may be obtained from the State Materials Engineer.
106.13 Convict Produced Materials. Materials produced after July 1, 1991, by convict
labor may only be incorporated in a Federal-Aid highway construction project if such materials have been:
1.Produced by convicts who are on parole, supervised release, or probation from a prison or
2.Produced in a qualified prison facility and the cumulative annual production amount of such materials for use in Federal-aid highway construction does not exceed the amount of such materials produce d in such facility for use in Federal- Aid highway construction during the 12-month period ending July 1, 1987. Qualified prison facility means any prison fa cility in which convicts, during the 12-month period ending July 1, 1987, produced materials for use in Federal-Aid highway construction projects. SECTION 107 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
107.01 Laws to Be Observed. The Contractor shall have the authority to and will keep
fully informed and comply with all Federal, State and local laws, ordinances, regulations and all orders and decrees of bodies or tribunals having jurisdiction or authority that affect those engaged or employed on the work or affect the conduct of the work. The Contractor shall protect and indemnify the Stat e and its representatives against all claims or liability arising from or based on the viol ation of such laws, ordinances, regulations, orders or decrees whether by the Contractor, the Contractor’s employees, Subcontractors and employees or agents thereof.
107.02 Permits, Licenses, and Taxes. The Contractor or any Subcontractor shall have
the duty to determine any and all required permits not previously procured by the Department; determine all required licenses; procure all permits not previously acquired by the Department; procure all licenses; pay all charges, fees and taxes; and issue all notices necessary and incidental to the due and lawful prosecution of the work. At any time during the life of this Contract, the Department may audit the Contractor’s or Subcontractor’s compliance with the requirements of this section. The Contractor and/or any Subcontractor is advised that the requirements and penalties contained in the “Mississippi Special Fuel Tax Law”, Section 27-55-501, et seq. and the Mississippi Use Tax Law, Section 27-67-1, et seq., apply to any Contract or subcontract for construction, reconstruction, maintenance or repairs, for Contracts or subcontracts entered into with the State of Mississippi, any political subdivision of the State of Mississippi, or any Department, Agency, Institute of the State of Mississippi or any political subdivision thereof. Prior to commencing work on any Project, the Contractor shall obtain a Material Purchase Certificate number (MPC#) from the Mississippi Department of Revenue, pursuant to Miss. Code Ann. § 27-65-21, and Miss. Admin. Code 35.IV.10.01. Upon receipt of the MPC#, the Contractor must i mmediately provide the MPC# to the Contract Administration Division of the Department. Failure to obtain and submit a MPC# prior to commencing work shall result in the withholding of payment to the Contractor until such time that a MPC# is obtained and submitted to the Department. The Contractor and/or any Subcontractor will be subject to one or more audits by the Department during the life of this Contract to make certain that all applicable fuel taxes, as outlined in Section 27-55-501, et seq., and any sales and/or use taxes, as outlined in Section 27-67-1, et seq. are being paid in compliance with the law. The Department will notify the Mississippi Department of Revenue of the names and addresses of any Contractors or Subcontractors.
107.03 Patented Devices, Materials, and Processes. If the Contractor employs any
design, device, material or process covered by letters of patent or copyright, the Contractor shall provide for such use by agreement with the patentee or owner. However, no highways shall be constructed, reconstructed, or maintained out of any patented paving material, regardless of what kind, on which a direct royalty is paid by the Commission or any Contractor; and the Commission shall not have included in the plans or specifications for constructing, reconstructing, or maintenance of any highway the requirements that any material used or specified shall be laid under any process patented requiring the payment of a direct royalty for use of such process or patent. Attention should be given to Miss. Code Ann. Section 65-1-61, regarding use of patented materials for paving. At any time during the prosecution or after completion of the work, the Contractor and Surety shall indemnify and save harmless the State the Commission, and/or any affected third party or political subdivision from and against any and all claims for infringement in connection with any such patent or copyright.
107.04 Restoration of Su rfaces Opened by Permit. The right to construct or
reconstruct any utility service in the highway or street or to grant permits for same, at any time, is expressly reserved by the Department. The Contractor will not be entitled to any damages from the Commission or the Department for delays or damages due to utility construction or reconstruction by a third party except an adjustment in contract time may be allowed when the Engineer determines a delay prevents the performance of the controlling phase(s) of work. Any individual, firm or corporation wishing to make an opening in the highway must secure a permit from the Department. Th e Contractor shall allow parties bearing approved permits or agreements, and only those parties, to make openings in the highway. When ordered by the Engineer, the Contractor shall make all necessary repairs and will be paid as provided in these specifications or as Extra Work. The repairs will be subject to the same requirem ents as the original work.
107.05 Federal Aid Participation. When the United States Government pays all or any
portion of the cost of a project, the Federal laws and the rules and regulations made pursuant to such laws shall be observed by the Contractor, and the work shall be subject to the inspection of the Federal agency. Such inspection shall in no way make the Government a party to this Contract nor will it interfere with the rights of either party hereunder.
107.06 Sanitary, Health and Safety Provisions. The Contractor shall provide and
maintain adequate sanitation facilities for employee use. The location of such accommodations shall be subject to the prior ap proval of the Engineer. The Contractor shall also provide adequate dust control on the project, haul roads and at other areas of operation. Such accommodations shall be designed and op erated to conform to local and State health regulations. The Contractor shall not require any worker to work in surroundings or under conditions contrary to local, State, and Federal health and safety regulations. All such requirements and regulations shall be as binding upon the Contractor as if they were actually included in these specifications. No direct payment will be made for these provisions.
107.07 Public Convenience and Safety. The Contractor shall conduct the work in a
manner that assures the least possible obstructi on to traffic. The sa fety and convenience of the general public, residents along the highway and protection of persons and property shall be provided as specifi ed under Subsection 104.04. All work on grade separation structures, such as overpasses or underpasses of existing highways, roads or streets, shall be comp leted in a manner that assures the least practicable interference with the public use of the facility. The Contractor shall use reasonable care and precaution to avoid acci dents, damage, unnecessary delay or interference with traffic and will provide competent flaggers to ensure maximum public safety.
107.08 Railway-Highway Provisions. The Department will obtain railroad agreements
as required by the Contract. The agreements will be available for the bidder's review in the Office of the Bridge Engineer when the railroad is at bridge sites, and the District Office for at-grade railroad crossings.
107.08.1 Authority of Railroad Engineer and Highway Engineer. The authorized
representative of the railroad, hereinafter refe rred to as the Railroad Engineer, shall have final authority in all matters affecting the sa fe maintenance of railroad traffic including the adequacy of th e foundation and structure supporting the railroad tracks. The authorized representative of the Department , hereinafter referred to as the Engineer, shall have authority over all other matters.
107.08.2 Notice of Starting Work. The Contractor shall not commence any work on
railroad rights-of-way until the following actions have been taken:
a.Written notice given the railroad with a c opy to the Engineer at least ten days in advance of the proposed date to begin work on railroad rights-of-way;
b.Proof obtained from the railroad of liability insurance as required by Subsection
107.14.2 2;
c.Written authorization obtained from the railroad to begin work on railroad rights-of-way. Such authorization may include specific conditions; and
d.Approval of the Engineer and Railroad Engineer, before the commencement of work on any pier or structure adjacent to any track, of seven prints to be submitted by the Contractor of the proposed sheeting and bracing details and the method of installation for protection of the railroad embankment and tracks. These plans shall bear the seal of a regist ered structural or pr ofessional engineer and shall be accompanied by design computations and soil data pertinent to the site, or other acceptable basis used for the design. During construction, the Contractor shall make provisions satisfactory to the Engineer and Railroad Engineer against disturbing, in any manner, the railroad embankment or track(s). The railroad’s written authorization to proceed with the work should include the name, address and telephone number of the railroad's representative to be notified in advance of the work. Where more than one representative is designated, the area of responsibility of each representative should be specified.
107.08.3 Interference with Railroad Operations. The Contractor shall so arrange and
conduct the work in such a manner that th ere will be no interfer ence with railroad operations, including train, signal, telephone and telegraphic services, or damage to the property of the railroad or to poles, wires and other facilities or tenants on the rights-of-way of the railroad. Whenever work is likely to affect the operations or safety of trains, the method of doing such work shall first be submitted to the Railroad Engineer for approval, but such approval shall not relieve the Contractor from liability. Any work to be performed by the Contractor that requires protective service (flagging or inspection) shall be deferred by the Contractor until the protective service is available at the job site. When work within railroad rights-of-way is of such a nature that interference to railroad operations is unavoidable, the Contractor shall schedule and conduct the work so that such interference is held to a minimum. Should conditions arise from the work that require immediate and unusual provisions be made to protect operations and property of the railroad, the Contractor shall provide such provisions. When these provisions are insufficient in the judgment of the Railroad Engineer or the Engineer in the absence of the Railroad Engineer, the Contractor shall provide such provisions as deemed necessary. Any such unusual provisions shall be without cost to the railroad. 107.08.4--Track Clearances. Unless written authorization to the contrary is obtained from the Railroad Engineer, the minimum tr ack clearances shall be as per the most recent edition of the American Railway Engineering and Maintenance-of-Way Association (AREMA) manual or per the governing Railroad’s standards or as shown on the plans, whichever is greater, and shall be maintained by the Contractor at all times during construction operations: However, before undertaking any work within railroad rights-of-way or before placing any obstruction over any track, the Contractor shall:
a.Notify the railroad's representative at least 72 hours in ad vance of the work.
b.Receive assurance from the railroad' s representative that arrangements have been made for any requir ed flagging service.
c.Receive permission from the railroad's representative to pro ceed with the work.
d.Ascertain that the Engineer has receive d copies of notice to the railroad and the railroad's response.
107.08.5 Construction Procedures.
107.08.5 1--General. Construction work on railroad property shall be subject to the
inspection and approval of the railroad re presentative and in accordance with the railroad's outline of specific conditions and these specifications.
107.08.5 2--Excavation. The subgrade of an operated track shall be maintained with
edge of berm at least 10'0" from centerline of track and not more than 24 inches below top of rail. If existing track section is substa ndard, the Contractor will be required only to maintain the existing section. 107.08.5.3--Excavatio n for Structures. When excavating and/or driving piling adjacent to tracks, the Contractor shall take special precaution and care to provide adequate lateral support for the tracks and the loads that they carry, w ithout disturbance of track alignment and grade, and to avoid obstructing track clearances with equipment, tools, or materials. The procedure for doing such work, including the need of and plans for shoring, shall be approved by the Railroad Engineer, but such approval shall not relieve the Contractor from liability.
107.08.5 4--Blasting. The Contractor shall obtain advance approval of the Railroad
Engineer and the Engineer for use of explosiv es on or adjacent to railroad property. If permission is granted, the Contractor will be required to comply with railroad requirements and the following:
a.Blasting shall be done with light charges under the direct supervision of a responsible officer or em ployee of the Contractor.
b.Electric detonating fuses shall not be used because of the possibility of premature explosions resulting from operation of two-way radios.
c.No blasting shall be done without the presence of an authorized representative of the railroad. At least 72 hours advance notice to the person designated in the railroad's notice of authori zation to proceed will be re quired to arrange for the presence of an authorized railroad repr esentative and such flagging as the railroad may require.
d.The Contractor shall have, at the job site, adequate equipment, labor and materials and allow sufficient time to cl ean up debris resulting from the blasting without delay to trains, and shall correct any track misalignment or other damage to railroad property as directed by the railroad's authorized representative. The cost for any delay of trains caused by the Contractor's actions shall be borne by the Contractor. The railroad representative will determine the approximate location of trains and advise the Contractor of the approximate amount of time available for the blasting and clean-up operation. The re presentative has the authority to order discontinuance of blasting if blasting is too hazardous or is not in accord with these specifications.
107.08.5 5--Maintenance of Railroad Facilities. The Contractor shall maintain all
tracks, railroad beds, ditches and drainage structures free of silt or other obstructions, promptly repair eroded areas within railroad rights-of-way, and be responsible to the railroad for repair of any other damage to the property of the railroad or its tenants that is a direct result of the Contractor's operations.
107.08.5 6--Storage of Materials and Equipment. The Contractor shall not store
materials and equipment on the rights-of-wa y of the railroad without obtaining written permission from the Railroad Engineer. Such permission may be with the understanding that the railroad will not be liable for any damages to materials or equipment from any cause and that the Railroad Engineer may move or require the Contractor to move such materials and equipment. All unattended equipment that is left park ed near the track shall be effectively immobilized so that it cannot be moved by unauthorized persons. The Contractor shall protect, defend, indemnify and save the railroad and any associated, controlled or affiliated corporation harmless from and against all loss, costs, expenses, claim or liability for loss of or damage to property or the loss of life or personal injury, due to the Contractor's failure to immobilize said equipment.
107.08.5 7--Cleanup. Upon completion of the work the Contractor shall remove from
within the limits of the railroad rights-of -way all machinery, equipment, surplus materials, falsework, rubbish or temporary buildings, and leave said rights-of-way in a neat condition satisfactory to the Chief Engineer of the Railroad or authorized representative.
107.08.6 Damages. The Contractor shall assume liability for damages to the work, the Contractor's employees, servants, equipment and materials caused by railroad traffic
unless such damages result from negligent operation of the railroad. Any cost incurred by the railroad for repairing damages to railroad property or to property of railroad tenants caused by or resulting from the Contractor's operations shall be the responsibility of the Contractor.
107.08.7 Flagging Services.
107.08.7 1--When Required. The Railroad Engineer has sole authority to determine the
need for flagging. Generally, the requirement of this service will be when Contractor's personnel or equipment are, or are likely to be, working on the railroad's rights-of-way or when the work is likely to disturb a railroad structure, roadbed or grade and alignment of any track to such extent that the movement of trains must be controlled or when booming over track(s) with a crane.
107.08.7 2--Scheduling and Notification. Not later than the time that approval is
initially requested to begin work on railroad ri ghts-of-way, the Contractor shall furnish to the railroad and the Department a schedule for all work required to complete the portion of the project within railroad rights-of-way and arrange for a job site meeting between the Contractor, the Department, and the railroad's authorized representative. Work on railroad rights-of-way shall not begin until th e job site meeting has been conducted and the Contractor's work scheduled. The Contractor must give the railroad representative at least ten days of advance written notice of the Contractor’s intent to begin work within railroad rights-of-way in accordance with these specifications. If work is suspended, the Contractor shall give the railroad representative at least three days advance notice before resuming work. Such notices shall include sufficient details of the proposed work to enable the railroad representative to determine if flagging will be required. If such notice is in writing, the Contractor shall furnish the Engineer a copy or if notice is given verbally it shall be confirmed in writing with copy to the Engineer . If flagging is required, no work shall be undertaken until the flagger/flaggers is/are present at the project site. If, after the flagger is assigned to the proj ect site, emergencies arise that require the flagger's presence elsewhere, the Contractor shall delay work on railroad rights-of-way until such time that a flagger is available.
107.08.7 3--Payment. The Contractor will be required to pay all costs for flagging that
are required to accomplish the wo rk required by the Contract.
107.08.8 Haul Across Railroad. Where the plans show or imply that materials must be
hauled across a railroad, the Contractor will be required to make all necessary arrangements with the railroad regarding means of transporting such materials unless the plans clearly show that the Department has included arrangements for such haul in its agreement with the railroad. The Department will reimburse the railroad for the costs of flagging, and the Contractor will be required to bear all other costs incidental to such crossings whether services are performed by the Contractor or by railroad personnel. No crossing may be established for transporting materials or equipment across a railroad unless specific authority for its installation, maintenance, protective services and removal is first obtained from the Railroad Engineer.
107.08.9 Railroad Services for Benefit of the Contractor. Railroad services
(including flagging and inspection) needed for any work that is for the benefit of the Contractor or due to work that is the fault of the Contractor shall be at the Contractor's expense. The Contractor shall make specific arrangements for such work including basis of payment with the railroad. Prior to final acceptance, the C ontractor shall furnish to the Department satisfactory evidence that the ra ilroad has acknowledged receipt of payment for any such services.
107.08.10 Cooperation and Delays. It shall be the Contractor's responsibility to
arrange a schedule with the railroad for acco mplishing stage construction involving work by the railroad or tenants of the railroad. In arranging the schedule, the Contractor shall ascertain, from the railroad, the lead time required for assembling crews and materials and make due allowance. No charge or claims of the Contractor against either the Department or the railroad will be allowed for hindrance or delay on account of railroad traffic, work by the railroad or other delays incident to or necessary for safe maintenance of railroad traffic or any delays due to compliance with these specifications.
107.08.11 Trainman's Walkways. Along the outer side of each exterior track of
multiple operated track and on each side of single operated trac k, an unobstructed continuous space suitable for trainman's use in walking along trains, extending to a line not less than ten feet from centerline of track, shall be maintained. Any temporary impediments to walkways and track drainage encroachments or obstructions allowed during work hours while railroad's protective service is provided shall be removed before the close of each work day. If there is an y excavation near the walkway, a handrail with 10-foot minimum clearance from center line of track shall be installed.
107.08.12 Insurance. The Contractor shall be required to carry insurance in accordance with Subsection 107.14.2.
107.08.13 Failure to Comply. In the event the Contractor violates or fails to comply
with any of the requirements of these specifications, the Railroad Engineer may require that the Contractor vacate the railroad property. Any such orders shall remain in effect until the Contractor has remedied the situation to the satisfaction of the Railroad Engineer and the Engineer.
107.09 Construction Over or Adjacen t to Navigable Waters and Wetlands. All
work on, over or adjacent to navigable waters or wetlands shall be conducted in accordance with permits issued by the controlling authority. The Department will obtain permits for work over navigable waters and wetlands, and bidders are advised to closely examine the pr ovisions of such permits relative to spoil disposal and water quality considerations a nd the necessary construction of retention basins, settling ponds, temporary navigation lights, etc. Copies of the permits will be included in the contract documents or available for review at the Jackson and District Offices of the Department. The Contractor shall conform to all provisions and conditions of the permits. The permits will only cover work shown on the plans. Should temporary construction be proposed for the Contractor’s convenience in the areas set out in the permits, the Contractor shall apply for and furnish a copy of the required permits to the Engineer before proceeding with th e temporary construction.
107.10 Barricades, Warning Signs and Flaggers . The Contractor shall provide, erect
and maintain all necessary barricades, lights, danger signals, signs and other traffic control devices, shall provide qualified flaggers where necessary to dir ect the traffic, and shall take all necessary precautions for the protection of the work and the safety of the public. Highways or parts of the work closed to through traffic shall be protected by effective barricades. Suitable warning signs shall be provided to properly control and direct traffic. The Contractor shall erect warning signs in advance of all places on the project where operations may interfere with traffic and at all intermediate points where the work crosses or coincides with the existing roadway. Such warning signs shall be constructed and erected in accordance with the provisions of the Contract. All barricades, warning signs, lights, temporary signals, other protective devices, flaggers and signaling devices shall meet or exceed the minimum requirements contained in the MUTCD that is current at the time bids are received. All traffic control devices on an existing highway, road or street are understood to be public property under the provisions of Subsection 107.12. On all sections of a project that coincide with an existing highway, ro ad, or street and are open to traffic, the Contractor shall be fully responsible for the protection, maintenance, and replacement of all existing signs, route markers, traffic control signals, and other traffic service features from the beginning of contract time or beginning of work, whichever occurs earlier, until final completion of the work. The Contractor shall restore or replace in kind, under the provisions of Subsection 107.12, all devices damaged, destroyed or lost by the Contractor. On or about the effective date of the Notice to Proceed, the Engineer will make an inventory of all traffic service devices with adequate description of each sign, post, message, signal and other devices as a basis for replacement in kind. A copy of the inventory - dated, identified, and signed - will be forwarded to the District and Contractor. Near completion of the work, the Engineer will make another inventory of the traffic control devices and distribute as indicated for the earlier inventory. A list and detailed description of the traffic control devices that have been damaged, destroyed or lost and must be replaced in kind by the Contractor will be attached to the inventory. The Engineer will confirm in writing the completi on of sign replacement by the Contractor. Prior to performing work on the project, the Contractor shall make the necessary arrangements to prevent damage or loss of signs and other traffic control devices. Those that cannot be left in their existing positions shall be removed, stored, or reinstalled at locations approved by the Engineer. As soon as work in conflict with the original position of each device has been performed, the de vice shall be reinstalled at the original position or modified position as approved by the Engineer. The Contractor shall maintain in position only those signs that are appropriate for existing conditions and those that are not or have served their purpose shall be removed or covered as approved by the Engineer. Sign coverings shall be of such material and so placed that the information cont ained thereon will not be legibl e during day or night. If the Contractor has a routine daytime operation and is not working at night, the signs shall be covered or removed during the nighttime when there is no work activity. Likewise, if the Contractor has a routine nighttime operation and is not working during the daytime, the signs shall be covered or removed during the daytime when there is no work activity. The Contractor shall not allow vegetation, co nstruction materials, equipment, etc. to obscure an applicable traffic control device. No change in posted regulatory speed signs may be made without the written authority of the Department. However, advisory speed plates conforming to the current MUTCD may be used in conjunction with the other standard warning signs provided each posted advisory speed is appropriate for the individual hazard created by construction. All proposed changes in regulatory speeds shall be submitted through the District Engineer and forwarded with any recommendations to the State Traffic E ngineer for further handling and consideration by the proper authority. Unless otherwise provided in the Contract, no measurement for payment will be made for materials or work under this subsection, it being understood that the cost thereof is included in the price bid for Maintenance of Traffic or other contract items. The location and spacing of signs, shown in th e traffic control plans, are approximate and may be adjusted as necessary to meet field conditions. All plastic drums used on high speed facilities shall have a crash-tested ballasting collar made from recycled truck tires of other suitable material. All post lengths for signs shall be verified in the field prior to fabrication. Unless otherwise provided for in the Contract, roadway signs that are in conflict with construction of the project shall be removed and relocated by the Contractor as directed by the Engineer. The cost of which shall be absorbed in other items bid. Erection dates shall be legibly written on the back of all signs with a waterproof formula permanent marking stock.
107.11 Use of Explosives. The use of explosives is not permissible under any condition
or on any project unless approved in writing by the Engineer. When using explosives, the Contractor shall exercise utmost care not to endanger life and property including the new work. The Contractor shall be responsible for all damage resulting from the use of explosives and shall indemnify and hold harmless the Commission, the Department, and any of its officers or employees. The Contractor shall comply with all laws and ordinances as well as Title 29 Code of Federal Regulations Part 1926, Safety and Health Regulations for Construction (OSHA), with respect to the use, handling, loading, transportation and storage of explosives and blasting agents. The Contractor shall notify each property owner and pub lic utility company having structures or facilities in pr oximity of the explosive wo rk and shall notify all known owners or operators of shortwave radio equipment in the area. Such notice shall be given at least five (5) days in advance to enable those involved to take steps to protect their property.
107.12 Protection and Restoration of Property and Landscape. The Contractor shall
be responsible for the preservation of public and private property and shall protect from disturbance or damage all land monuments, historical markers, and property marks and shall not move them until the Engineer has witnessed or otherwise referenced their location. The Contractor shall be responsible for all damage or injury to public or private property of any character resulting from any act, omi ssion, neglect, misconduct, inefficiency, method of executing the work or non-execution thereof or due to defective work or materials and shall indemnify and hold harmless the Commission, the Department and any of its officers and/or employees for any such actions or omissions. The Contractor shall take sufficient precaution to prevent pollution of streams, lakes and reservoirs with any harmful materials including but not limited to fuels, oils, bitumens, calcium chloride, and poisons. The Contr actor shall schedule and conduct grading operations, production of materials from material pits or quarry sites exclusive of commercially operated sources, construction of haul roads, hauling operations and other operations so as to prevent or minimize the pollution of adjacent property, ditches, streams, lakes and reservoirs with mineral or organic sediment. Pollution causing injury or damage within the intent of this subsection shall be subject to the restoration requirements and provisions herein set forth. The Contractor shall restore the property, at no additional costs to the Commission, to a condition equal to that existing before the damage or injury, or shall make good such damage or injury in an acceptable manner. In case of failure on the part of the Contractor to restore or make good such damage or injury, the Engineer may, upon forty-eight hours wr itten notice, proceed to repair, rebuild or otherwise restore such property and the cost thereof shall be deducted from monies due or that may become due the Contractor. In the event no such moni es are available, the amount shall be charged against the Contractor's Surety. Nothing within this subsection shall be construed to relieve the Contractor from the responsibilities under the requirements of Subsection 107.01.
107.13 Forest Protection. In carrying out work within or adjacent to State or National
Forests or other forest areas, the Contractor sh all comply with all regulations of the State Fire Marshall, Forestry Commission, Forest Service and any other authority having jurisdiction of the forests and shall observe all sanitary laws and regulations with respect to the performance of work in forest areas. The Contractor shall keep the areas in an orderly condition, dispose of all refuse, and obtain permits for the construction and maintenance of all construction camps, stores, warehouses, residences, latrines, cesspools, septic tanks and other structures in accordance with the requirements of the Forest Supervisor. The Contractor shall take all reasonable precaution to prevent and suppress forest fires. The Contractor's employees and subcontractors shall be required to take all reasonable steps within their power to prevent and suppress forest fires and to notify at the earliest possible moment a Forest Supervisor or other appropriate official of the location and extent of any fire seen by them.
107.14 Damage Claims and Insurance.
107.14.1 Responsibility for Damage Claims. The Contractor shall indemnify and save
harmless the Department and the Commission and their officers a nd employees from all suits, actions or claims of any character br ought for any of the following, non-inclusive reasons: (a) because of any and all injuries or damage received or sustained by person(s) or property resulting in any way from the Contractor’s operations; (b) as the result of any neglect in safeguarding the work; (c) because of any claims or amounts recovered from infringements of patent, trademark, or copyright; and (d) from claims or amounts arising out of or recovered under the "Workmen's Compensation Act" or any other law, ordinance, order or decree. Money due the Contractor may be retained for the use of the State or Commission or in case no money is due, the Contractor’s Surety or insurance carrier may be called upon to ensure such suits, actions or claims for injuries or damages have been settled. Suitable evidence of the resolution of any suit, action or claim must be furnished to the Department. Money due the Contractor will not be withheld when satisfactory evidence is produced that the Contractor is adequately protected by general liability and property damage liability insurance.
107.14.2 Liability Insurance.
107.14.2 1--General. The Contractor shall carry commercial general liability, including
subcontractors and contractual, with limits not less than: $500,000 each occurrence; $1,000,000 aggregate; auto mobile liability - $500,000 combined single limit - each accident; Workers' Compensati on and Employers' Liability - Statutory & $100,000 each accident; $100,000 each employee; $500,000 policy lim it. Each policy shall be signed or countersigned by a Mississippi Agent or Qua lified Nonresident Agent of the Insurance Company. The Contractor shall have ce rtificates furnished to the Department from the insurance companies providing the required coverage. The certificates shall be on the form furnished by the Department and must show the types and limits of coverage. 107.14.2.2--Railroad Protective. The following provisions are applicable to all work performed under a Contract on, over or und er the rights-of-way of each railroad shown on the plans. The Contractor shall assume all liability for any and all damages to work, employees, servants, equipment and material s caused by railroad traffic. Prior to starting any work on railroad property , the Contractor shall furnish satisfactory evidence to the Department that insurance in the forms and amounts set out herein in paragraphs (a) and (b) has been obtained. Also, the Contractor shall furnish similar evidence to the railroad that in surance has been obtained in accordance with the Standard Provisions for General Liability Policies and the Railroad Protective Liability Form as published in the 23 CFR 646, Subpart A. Evidence to the railroad shall be in the form of a Certificate of Insurance for coverages required in paragraph (b), and the original policy of the Railroad Protective Liability Insurance for coverage required in paragraph (a). All insurance herein specified shall be carried until the Contract is satisfactorily complete as evidenced by a full release of maintenance from the Department. The railroad shall be given at least 30-day notice prior to cancellation of the Railroad Protective Liability Insurance policy. For work within the limits set out in Subsection 107.18 and this subsection, the Contractor shall provide insurance for bodily injury liability, property damage liability and physical damage to property with coverages and limits no less than shown in paragraphs (a) and (b). Bodily injury includes bodily injury, sickness, or disease, including death at any time resulting therefrom. Property damage includes damages because of physical injury to or destruction of property, including loss of use of any property due to such injury or destruction. Physical damage includes direct and accidental loss of or damage to rolling stock and their cont ents, mechanical construction equipment or motive power equipment.
a.Railroad Protective Liability Insurance shall be purchased on behalf of the railroad with limits of $5,000,000 each occurrence and $10,000 ,000 aggregate applying separately to each annual period for lines w ithout passenger trains. If the line carries passenger train(s), railroad protective liability in surance shall be purchased on behalf of the railroad with limits of $5,000,000 each occurrence and $10,000,000 aggregate applying separately to each annual period. Coverage shall be limited to damage suffered by the railroad on account of occurrences arising out of the work of the Contractor on or about the railroad right-of-way, independent of the railroad's general supervision or control, except as noted in paragraph 4 below. Coverage shall include:
1.death of or bodily injury to passengers of the railroad and employees of the railroad not covered by State workmen's compensation laws;
2.personal property owned by or in the care, custody or control of the railroads;
3.the Contractor, or any of the Contr actor’s agents or employees who suffer bodily injury or death as a result of acts of the railroad or its agents, regardless of the negligence of the railroads; and
4.negligence of only the following classes of railroad employees:
i.any supervisory employee of the railroad at the project site (ii) any employee of the railroad while operating, attached to, or engaged on, work trains or other railroad equipment at the project site that are assigned exclusively to the Contractor, or (iii) any employee of the railroad no t within (i) or (ii) above who is specifically loaned or assigned to the work of the Contractor for prevention of accidents or protection or property, the cost of whose services is borne specifically by the Contractor or Governmental authority.
b.Contractor's Liability - Railroad, including subcontractors, XCU and railroad contractual with limits of $1,000,000 each occurrence; $2,00 0,000 aggregate. Automobile with limits of $1,000,000 combined sing le limit any one accident; Workers’ Compensation and Employer's Liability - statutory and $100,000 each accident; $100,000 each employee; $500, 000 policy limit. Excess/Umbrella Liability - $5,000,000 each occurrence; $5,000, 000 aggregate. All coverage to be issued in the name of the Contractor shall be written so as to furnish protection to the Contractor in connection with the Contractor’s operations in performing work covered by the Contract. Coverage shall include protection from damages arising out of bodily injury or death and damage or destruction of property that may be suffered by persons other than the Contractor's own employees. In addition, the Contractor shall provide fo r and on behalf of each subcontractor by means of a separate and individual liability and property damage policy to cover like liability imposed upon the subcontractor as a result of the subcontractor's operations in the same amounts as contained above; or, in the alternative, each subcontractor shall provide same.
107.15 Third Party Beneficiary Clause. It is not intended by any of the provisions of
the Contract to create a third pa rty beneficiary in the public or any member thereof or to authorize any one not a party to the Contract to maintain a suit for personal injury or property damage pursuant to the provisions of the Contract. The duties, obligations and responsibilities of the parties to the Contract with respect to third parties shall remain as imposed by law.
107.16 Opening Sections of Project To Traffic. If the project is not already open to
traffic in accordance with the provisions of Subsection 104.04, then at the option of the Executive Director, all or any part may be open ed to traffic. The Department will install the traffic control devices necessary for th e safety and convenience of traffic. Maintenance of traffic expense will be borne by the Department, or the Contractor will be compensated in accordance with Subsection 109.04 if ordered to provide maintenance of traffic. Opening sections of a project to traffic in accordance with this subsection will be in writing and will not constitute acceptance of the work, or any part th ereof, or a waiver of any provision of the Contract. All damage to the highway, including damage or defacement of traffic control devices furnished and erected by the Department, that is the fault of the Contractor shall be repaired or replaced at the expense of the Contractor. If the Contractor is dilatory in completing shoulders or other features of work, the Executive Director may order all or a portion of the project open to traffic as set out herein; however, the Contractor shall not be relieved of liability and responsibility during the period the work is so opened prior to release of maintenance. The remainder of the Contractor’s construction operations shall be conducted in a manner that will cause the least obstruction to the safe and convenient movement of traffic.
107.17 Contractor's Re sponsibility for Work. Until release of maintenance in
accordance with Subsection 105.20, the Contractor shall have the charge and care of the work and shall take every precaution against injury or damage by action of the elements or from any other cause, whether arising from the execution or the non-execution of the work. The Contractor shall rebuild, repair, restore and make good, in accordance with the requirements of the Contract, all injuries or damages to the work before release of maintenance and shall bear the expense thereof. If the Engineer determines the work has been properly prosecuted, constructed, protected and maintained and significant damage to the work is determined to be caused by unforeseeable occurrences beyond the control of and without the fault or negligence of the Contractor, including but not limited to acts of nature, of the public enemy or of governmental authorities, the Contractor will be paid for repairing such damage at the contract unit prices for applicable items involved in making repairs. When contract items are not applicable to repair of work damaged from such cause, a Supplemental Agreement may be entered into or such repairs may be accomplished under the provisions of Subsection 109.04, Extra and Force Account Work. If the Engineer determines that such repair work has not been properly prosecuted and maintained or determines that the Contractor has not taken all reasonable measures to provide adequate protection for partially completed or completed repair work, payment for repairs will not be made. Damage to items of construction, caused by the traveling public on a project or section(s) of a project open to traffic, shall be repaired by the Contractor. The Contractor will be paid for repairing such damage to the belo w acceptably installed items of construction at the contract unit price(s) for the applicable item(s) used in the repair. An acceptably installed item shall be complete-in-place meeti ng the requirements of the specifications. The acceptably installed items of construction eligible to receive payment for repair of damage caused by the traveling public shall be items used for signing, safety and traffic control. The eligible permanent items shall be limited to traffic signal systems, changeable message signs, roadway signs and sign supports, lighting items, guard rail items, delineators, impact attenuators, median barriers, bridge railing or pavement markings. The eligible temporary items shall be limited to changeable message signs, guard rail items, or median barriers. If damage to the above items necessitate only minor repairs, in lieu of total replacement, the work shall be performed in accordance with Subsection 109.04, or as directed by the Engineer. Damage not meeting the requirements to qualify for repair payment shall be repaired at no additional cost to the Department. In the case of suspension of work from any cause whatsoever, the Contractor shall be responsible for the work and shall take the precautions necessary to prevent damage to the work, provide for normal drainage, erect necessary temporary structures, signs or other facilities, maintain the work in such a manner as to fully carry out the responsibility for maintaining traffic as required under the Contract, properly and continuously maintain in an acceptable growing condition all living material in newly established plantings, seedings, and soddings furnished under the Contract, and take adequate precautions to protect new tree growth and other vegetative growth against injury. Except when the suspension is ordered by the Engineer for the sole benefit of the Department, all such protection and maintenance shall be performed by the Contractor without additional cost to the State.
107.18 Contractor's Re sponsibility for Utility Property and Services. Where the
Contractor's operations are adjacent to or coincide with properties of railroad, telegraph, telephone, power companies and other utility services and damage to said utility might result in considerable expense, loss or inconvenience, work shall not commence until all arrangements necessary for the protection thereof have been made. At least 48 hours prior to any excavation on the project, the Contractor shall contact MS 811 and advise them to mark all known utilities in the area of the excavation. All work to be performed within 50 feet eith er side of the centerlin e of any railroad track shall be executed in such manner and at such time that interference with the movements of trains or traffic upon the tracks of the railroad is minimal. The Contractor must use all reasonable care and proper precautions to avoi d accidents, damage, or unnecessary delays that would interfere with the railr oad’s trains or other property. The Contractor shall cooperate with the ow ners of all underground and overhead utility lines in the removal and rearrangement operations so that these operations may progress in a reasonable manner, duplication of rearrangement work may be reduced to a minimum and services rendered will not be unnecessarily interrupted. In the event of interruption to utility services as a result of accidental breakage or as a result of being exposed or unsupported, the Contractor shall promptly notify the proper authorities and cooperate in the restoration of service. No work shall be undertaken around fire hydrants without approval of the local fire authority. The Contractor is advised of Miss. Code Ann., Section 45-15-1, et seq., regarding the performance of work in the proximity of high voltage overhead power lines. It is the Contractor’s responsibility to comply with those statutory requirements.
107.19 Furnishing Rights-of-Way. The Department will be responsible for securing
all necessary rights-of-way in advance of construction. Any exceptions will be indicated in the Contract.
107.20 Personal Liability of Public Officials. In carrying out the provisions of the Contract or exercising the auth ority granted by or within the scope of the Contract, there
shall be no liability upon the Department, the Commission, the Engineer or authorized representative or any officers or employees of the Department or the Commission, either personally or as officials of the State. It is understood that in all such matters the referenced entities/individuals act solely as agents and representatives of the State.
107.21 No Waiver of Legal Rights. The Department and/or the Commission shall not
be precluded or estopped by any measurement, estimate or certificate made either before or after the completion and acceptance of th e work and payment th erefor from showing the true amount and character of the work performed and materials furnished by the Contractor, nor from showing that any such m easurement, estimate or certificate is untrue or is incorrectly made, nor that the work or materials do not in fact conform to the Contract. The Department and/or the Commission shall not be precluded or estopped, notwithstanding any such m easurement, estimate or certificate and payment in accordance therewith, from recove ring from the Contractor or the Contractor’s Sureties, or both, within the provisions of the laws of the State of Mississippi such damage as may be sustained by reason of the failure to comply with any of the terms of the Contract. Neither the acceptance by the Commission or the Department or any representative thereof, nor any payment for or acceptance in whole or in part of the work, nor any extension of Contract time, nor any possession taken by the Department shall operate as a waiver of any portion of the Contract or of any power herein reserved or of any right to damages. A waiver of any breach of the Contr act shall not be held to be a waiver of any other subsequent breach. The Commission reserves the right to correct an error contained in any estimate that has been paid and to adjust the estimate to meet the requirements of the Contract and specifications. Upon conclusive proof of error or collusion or dishonesty between the Contractor or the Contractor’s agents and th e Engineer or the Engineer’s representative that is discovered after final payment has been made, the Commission reserves the right to claim and recover by process of law, any sums that may be sufficient to correct the error or make good the defects in the work resulting from such errors, dishonesty or collusion.
107.22 Environmental Protection. In addition to the applicable provisions of
Subsections 107.01 and 107.12, occupancy by the Contractor of any lands, whether on or off the right-of-way, for the performance of any work under the Cont ract, or preparation therefore, shall be contingent upon provisions being made and carried out for the prevention or minimization of siltation, pollution from soil erosion, and air pollution. Accordingly, it is the intent of the Contract that erosion be prevented by the establishment of all necessary temporary and permanent erosion control features as the work progresses from beginning to comple tion. The primary objective shall be to establish and maintain all permanent erosion c ontrol features as soon as possible. Until such time, each operation shall include th e effective use of temporary measures as necessary to maintain ground surface conditions so as to pr event or minimize siltation or pollution. 107.22.1--Contractor's Erosion Control Plan (ECP). At the preconstruction conference or prior to starting any work on the project, the Contractor shall submit to the Project Engineer for concurrence a compre hensive erosion and siltation control plan (ECP). The ECP shall utilize temporary measur es and permanent erosion control features to provide acceptable controls during all stages of construction. If an early Notice to Proceed is desired, the Contractor’s ECP should be submitted to the Engineer as soon as possible after award since an approved erosion control plan is required for an early Notice to Proceed. The time between the Notice of Award and Notice to Pro ceed/Beginning of Contract Time in the proposal, has been allowed for the submittal and concurrence of the Contractor’s ECP, MDOT’s review of the plan, and any revisions that may be necessary. The original contract time shall not be adjusted unless delays are caused solely by the Department for the submission, review, and concurrence of the Contractor’s ECP. As a minimum, the ECP sha ll include the following:
1.ECP sheets or the plan profile sheets, 11” x 17” or larger , of all areas within the rights-of-way from the Beginning of the Project (BOP) to the End of the Project (EOP) showing the location of all temporary erosion control devices. Erosion control devices should be identified by exact type, temporary or permanent, configuration, and placemen t of each item to prevent erosion and siltation. A narrative of the Contractor’s temporary erosion control plan shall be submitted in a format similar to the form below, but must include the heading and sub-heading information. The narrative should include, at a minimum, the following: A detailed description, including locations (station numbers) of the Contractor’s proposed sequence of operations including, but not limited to, clearing and grubbing, excavati on, drainage, and structures. A detailed description, including locations, and best management practices (BMP) that will be used to prevent siltation and erosion from occurring during the Contractor’s proposed sequence of operations.
2.A copy of the certification for the Contractor’s Certified Erosion Control Person whose primary duty shall be monitoring and maintaining the effectiveness of the ECP, BMPs, and compliance with the NPDES permit requirements.
3.A plan for the disposal of waste material s on the project right-of-way that includes but should not be limited to the following: containment and disposal of materials resulting from the cleaning (washing out) of concrete trucks that are delivering concrete to the project site. containment and disposal of fuel / petr oleum materials at staging areas on the project. The ECP must be maintained on the project site at all times, updated as work progresses to show changes due to revisions in the sequences of construction operations, replacement of inadequate BMPs, and the main tenance of BMPs. Work shall not start until an ECP has been concurred with by the Department. The Engineer has the authority to suspend all work and/or withhold payments for failure of the Contractor to carry out provisions of MDEQ’s Storm Water Construc tion General Permit, the ECP, updates to the ECP, and /or proper maintenance of the BMPs. As soon as the ECP has been approved, a copy of the SWPPP (Narrative, ECP with updates) shall be available at the project at all times. The Contractor shall provide and install a weatherproof enclosure, such as a mailbox, at the project at a readily accessible location to the Engineer or others who may want to review the ECP. The cost of installing and maintaining this enclosure shall be included in the prices bid for the various erosion control pay items and no direct payment will be made for this work. EXAMPLE MISSISSIPPI DEPARTMENT OF TRANSPORTATION Storm Water Pollution Prevention Plan (SWPPP) Narrative General Permit Coverage No: MSR Project Number: County: Route: SITE INFORMATION This project consists of grading and installing drainage structures necessary to construct approximately 6 miles of parallel lanes on SR 31 between the Hinds County Line and the Rankin County Line. SEDIMENT AND EROSION CONTROLS VEGETATIVE CONTROLS: Clearing and grubbing areas will be minimized to comply with the buffer zones (minimum of 15 feet along the ROW lines and 5 feet along creeks) as per the contract documents. A combination of temporary and permanent grassing will be used to protect slopes as construction progresses. Should a disturbed area be left undisturbed for 14 days or more, temporary BMPs (seeding & mulching, silt fences, basins, ditch checks, slope drains, etc.) or permanent erosion control measures (seeding & mulching, riprap, paved ditch, flumes, etc.) will be placed within 7 calendar days. STRUCTURAL CONTROLS: Gravel construction entrance/exit will be installed near Stations 145+50, 159+50, 164+50 & 172+50. Riprap ditch checks will be constructed at Stations 144+50, 151+75, 162+00 & 166+25. The Concrete washout area will be at Stations 140+25, 152+00 & 168+50. HOUSEKEEPING PRACTICES: Structural BPM’s will be cleaned out when sediment reaches 1/3 to 1/2 of the height of the BMP. Maintenance and repair of equipment will be performed off-site, material wash out will occur either off-site or within designated wash out areas. POST-CONSTRUCTION CONTROL MEASURES: As construction is completed, permanent vegetative growth will be established on disturbed soils to improve soil stability and provide a buffer zone for loose ma terial. Paved ditches and flumes will be placed as specified in the ECP to reduce eros ion in concentrated flow areas and rip rap will be placed as specified to dissipate flow energy and reduce flow velocity. IMPLEMENTATION SEQUENCE Perimeter controls will be installed first. Clearing and grubbing will be performed in 19-acre sections beginning at the BOP and tempor ary grassing will be installed as needed. Temporary erosion control BMP’s will be installe d at the drainage structures prior/during construction of the drainage structures. Grading activities will commence at the BOP and proceed towards the EOP, fill slopes will be permanently grassed in stages for fill heights that exceed 5 feet. Base materials w ill be installed on completed grading sections with the paving to follow. MAINTENANCE PLAN All erosion and sediment control practices will be checked for stability and operation following every rainfall but in no case less than once every week. Any needed repairs will be made immediately to maintain all practices as designed. Sediment basins will be cleaned out when the level of sediment reach es 2.0 feet below the top of the riser. Sediment will be removed from behind BMP’s when it becomes about 1/3 to 1/2 height of BMP. Prime Contractor’s Signature Date Printed Name Title
107.22.2 Clearing and Gru bbing, Haul Roads, Waste Areas, Plant Sites or Other
Areas Occupied by the Contractor. Clearing and grubbing on erodible areas, construction and maintenance of haul roads, plant sites or other areas occupied by the Contractor in connection with the work shall include adequate protection for preventing excessive erodible material from entering water or waterways on land not occupied by the Contractor and pr eventing dust created by hauling equipment. Temporary measures shall be employed as necessary by the Contractor from the beginning of the work. These measures may consist of the expeditious use of brush, vegetation or other residue from clearing and grubbing, temporary or permanent terraces, berms, dikes, dams, sediment basins or other effective means of containing sediment. All temporary or permanent erosion control featur es shall be maintained in an effective manner so long as essential to the abatement of siltation. After temporary features are no longer useful or needed, such features shall be removed and the area restored or prepared for subsequent work. All temporary protection shall be the responsibility of the Contractor, and measurement for direct payment will not be made unless otherwise provided in the Contract. Unless otherwise determined by the Engineer from a study of overall job conditions, the exposed surface area of erodible material at any one time on this project shall not exceed 19 acres without prior ap proval by the Engineer. In addition to the applicable requirements of the MDEQ, Office of Pollution Control, the burning of waste vegetation resulting from site or right-of-way clearing shall meet the following requirements:
a.Starter and auxiliary fuels must not cause excessive visible emissions. Rubber tires, etc. are prohibited.
b.The burning must be permitted by local ordinance. (c) The burning must be conducted at l east 500 yards from an occupied dwelling, but may be reduced to 50 yards if forced draft air is provided for combustion.
d.The burning must be conducted at least 500 yards from commercial airport property, private airfields or marked aircraft approach corridors except when a lesser distance is authorized by the airport authority.
e.The burning must not produce a traffic hazard.
f.Burning will not be allowed during a High Fire Danger Alert issued by the Mississippi Forestry Commission or an Emergency Air Pollution Episode Alert issued by MDEQ , Office of Pollution Control. In response to the MDEQ concern of the air quality (ground-level ozone) in DeSoto, Hancock, Harrison, Hinds, Madison, Rankin, and Jackson Counties, the Department has agreed to place certain restrictions on open burning of la nd-clearing debris. The Contractor is advised that no open burning of land-clearing debris will be permitted to begin during ozone action days as designated by MDEQ. An ozone action day is defined as a 24-hour period when the ozone concentration reaches an unacceptable pre- determined level. Usually, an ozone action day has a duration of one (1) day. It is estimated that 3 to 15 ozone action days could occur from April through October. During open burning operations, the Project Engineer should check the 1, 2, and 3-day ozone forecasts made available each day by MD EQ on its web site, www.deq.state.ms.us, and should e-mail or FAX the forecasts to th e Contractor. The Contractor shall provide the Project Engineer sufficient time to mon itor the ozone forecasts prior to commencing any open burning oper ation. The Contractor cannot be gin open burning until the forecast for the next three (3) days are non-ozone action days. However, when the Contractor is permitted to begin open burning, that day’s burning shall continue regardless of the ozone forecasts when checked on the following day. For exampl e, if the Project Engineer checks the forecast on Monday morning and finds that Monday, Tuesday and Wednesday are non-ozone action days, the Contractor may begin open burning. If the Project Engineer checks the forecasts on Tuesday and finds that Wednesday has been designated as an ozone action day, the open burning that was started on Monday may continue, but the Contractor cannot begin any new burning until the next 3-day forecasts indicate non- ozone action days. Restrictions on open burning as set forth above will not be a basis for additional time or compensation.
107.22.3 Pit Operations. The Contractor shall schedule, arrange and conduct pit
operations in such a manner that prevents siltation or pollution of ditches, streams, lakes, reservoirs and adjacent property with sedi ment, fuels, oils or other objectionable materials.
107.22.4 Structures, Grading, and Other Construction. The Contractor shall perform
all work required under the C ontract in such a manner and w ith such protective features that controls and contain siltation within th e limits of the work. Performance in the designated or directed sequence and the providing of all erosion protection for which pay items are not included in the Contract shall be considered as included in prices bid for other items of work. The Contractor shall prevent or minimize undesirable siltation in connection with excavation, construction and backfill of structures. Such temporary measures as indicated herein for clearing and grubbing or other measures such as covering of excavated materials, lining ch annels, constructing bulkheads or other effective measures shall be employed. The Engineer should limit the areas of excavation, borrow, and embankment operations commensurate with the Contractor's capability and progress in keeping the finish grading, seeding, mulching, and other such permanent erosion control measures current. If seasonal limitations make such coordination unrealistic, temporary erosion control measures may be used to the extent feasible and justified. The exposed surface area of erodible material at any one time for each grading operati on should not exceed 19 acres without prior approval by the Engineer. The Engineer may increase or decrease the areas of erodible material to be exposed at any one time by clearing and grubbing, excavation, borrow and fill operations as determined by analysis of project conditions. It is the intent of these specifications that the work shall proceed in a manner and sequence to ensure the earliest possible esta blishment of permanent erosion control items.
107.22.5 Special Temporary Erosion Control. The plans may designate special
temporary erosion control work such as fast growing grasses or other designated temporary features for problem areas during grading, paving or other construction work. Unless otherwise provided, quantities for such temporary features shown on the plans will be included in items for which bids are to be received. The Contractor shall perform all designated temporary work as indicated on the plans or provided in the Contract or as directed by the Engineer at the time and in the manner deemed to provide the most effective deterrent to siltation. Any emergency temporary erosion control will be authorized and used only under conditions or causes created solely by the State or unforeseeable causes beyond the control of the Contractor. The Engineer shall be the sole judge as to the use and payment of emergency temporary erosion control work . Unforeseen special emergency erosion control features not contemplated in the plans or contract documents and determined by the Engineer to be essential for the prevention of siltation and pollution for conditions or causes created solely by the State or unfo reseeable causes beyond the control of the Contractor shall be performed as Extra Work. 107.22.6--All Operations. It shall be fully understood that nothing in this subsection shall be construed in any manner to relieve the Contractor from any of the responsibilities for the establishment of permanent roadside development items and other permanent work specified for erosion control in the sequence and manner included in other provisions and requirements of the Contract.
107.22.7 Quarantine Information. At the request of the U. S. Department of
Agriculture, plant pest control information co ncerning domestic quarantines is cited as follows: The entire state of Mississippi has been quarantined for the Imported Fire Ants. Soil and soil-moving equipment operating in the state will be subject to plant quarantine regulations. In general, these regulations provide for cleaning soil from equipment before it is moved from the state. Complete information may be secured from the State of Mississippi Department of Agriculture and Commerce, Bureau of Plant Industry, P. O. Box 5207, Mississippi State, Mississippi 39762-5207, Telephone 662-325-3390 or United States Department of Agriculture, State Plant Health Director, at 662-323-1291. IMPORTED FIRE ANT QUARANTINES The following regulated articles require a certificate or permit for movement:
1.Soil, separately or with other things, except soil samples shipped to approved laboratories*. Potting soil is exempt, if commercially prepared, packaged and shipped in original containers.
2.Plants with roots with soil attached, except houseplants maintained indoors and not for sale.
3.Grass sod.
4.Baled hay and straw that have been stored in contact with the soil.
5.Used soil-moving equipment.
6.Any other products, articles, or m eans of conveyance of any character whatsoever not covered by the above, when it is determined by an inspector that they present a hazard of spread of the imported fire ant and the person in possession thereof has been so notified. * Information as to designated laboratories, facilities, gins, oil mills, and processing plants may be obtained from an inspector. Conditions of Movement. Counties entirely colored are completely regulated. Regulated Area. Restrictions are imposed on the movement of regulated articles as follows: From colored areas into or through other areas. Contractors should consult their State or Federal plant protection inspector or County Agent for assistance regarding exact areas u nder regulation and requirements for moving regulated articles. For detailed information, see 7 CFR 301.81 for quarantine and regulations.
107.22.8 Gopher Tortoises . The Contractor will be required to make special
considerations regarding gopher tortoises on projects in Clarke, Covington, Forrest, George, Greene, Hancock, Harrison, Jackson, Jasper, Jefferson Davis, Jones, Lamar, Marion, Pearl River, Perry, Smith, Stone, Walth all, and Wayne Counties that require the use of a borrow or disposal land areas. In addition to the normal required documentation associated with borrow pits, the Contractor sh all, for each site used to obtain or dispose of materials associated with this project, provide the Engineer with a letter from a qualified biologist certifying that the site was inspected prior to any clearing of vegetation or disposal of project materials and that the site is not inhabited by gopher tortoises, or appropriate avoidance measures have been installed. No individual lacking the proper State or Federal license shall touch or otherwise harass a gopher tortoise.
107.23 Material Pits. The Contractor is reminded of the Mississippi Surface Mining
and Reclamation Act and the Rules and Regulations adopted to implement this act. Questions or problems concerning the Act or the Rules and Regulations should be directed to the MDEQ, Office of Geology, Jackson, Mississippi. Prior to opening a new pit or enlarging an existing pit, the Contractor will furnish the Engineer either a copy of the "Notification of Exempt Operations" or a copy of the (permanent or temporary) Class II Permit approval from the MDEQ Office of Geology. The Contractor shall also obtain a letter stating that the pit site is satisfactory from an archaeological and historical standpoint from the Mississippi Department of Archives and History, Historic Preservation Division, Jackson, Mississippi. All costs involved in obtaining clearance shall be borne by the C ontractor. Delays encountered in obtaining clearance will not be a reason for extension of contract time. This requirement is not applicable to commercial sources. When the Contract requires the Contractor to dispose of excavated material, the Contractor shall, prior to removal, furnish the Engineer with a copy of a letter from the land owner stating that the Contractor has the right to place material on said property. The Contractor shall also furnish the Engineer with a letter stating that the property is not in a wetland. Delays encountered in obtaining this information will not be a reason for extension of contract time. This requiremen t is not applicable to commercial sources. The Contractor is further reminded of and shall comply with the requirements of the Clean Water Act Amendments requiring National Pollutant Discharge Elimination System (NPDES) permits for discharges composed entirely of storm water from active or inactive surface mining operations, excluding work areas covered by a U. S. Army Corps of Engineers Clean Water Act Section 404 Permit. Questions or problems concerning NPDES permits should be directed to the MDEQ, Office of Pollution Control, Industrial Branch, Jackson, Mississippi. The Contractor shall, before a regulated area is opened or enlarged as a material pit, obtain from MDEQ the necessary Mining Storm Water NPDES Permit(s) authorizing the discharge of storm water subject to the terms and conditions of said permit. The Contractor shall furnish the Engineer a copy of the MDEQ NPDES permit. All costs involved in obtaining the permit(s) shall be borne by the Contractor. Delays encountered in obtaining the permit(s) will not be a reason for extension of contract time. For regulated commercial sources, the owner(s) shall bear the responsibility for meeting the requirements of the NPDES permitting process.
107.24 Construction Noise Abatement. The Contractor shall co mply with all state and
local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engi ne, used for any purpose on the work or related to the work, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operat ed on the project w ithout such muffler.
107.25 Hazardous and/or Toxic Waste Procedures. No matter how extensive a field
investigation, the possibility exists that haza rdous and/or toxic wastes on a site will go undetected until excavation is initiated. If underground storage tank (UST), buried containers, hazardous and/or toxic substances are uncovered, or even suspected, during construction, work in this area shall be immediately discontinued and measures taken to protect susceptible nearby wetlands or ground-water sources, and the Engineer shall be immediately notified. It is essential that the suspect ed hazardous substances be left in place until they have been identified. The Contractor shall make every effort to preven t the Contractor’s personnel, State personnel and the general public from becoming exposed to substances that may be hazardous or toxic. Once contaminated soil or debris has been removed from the ground and leaves the site, it is considered a hazardous waste if the concentration exceeds regulatory levels. In such cases, the Cont ractor becomes a hazard ous waste generator. Disposition of USTs, containers , hazardous and/or toxic wa ste shall be in accordance with current rules and regulations of the MDEQ, Office of Pollution Control. The Contractor shall report to the Engine er and the Office of Pollution Control any evidence or conditions that ma y cause suspicion that a wast e site of hazardous or toxic materials and/or containers or USTs has been located within right-of-way limits of the project. Work shall cease immediately at such suspected site and shall not resume until directed by the Engineer. When the Contractor is required to perform additional work to dispose of such waste, containers and/or USTs, payment will be made at contract unit prices applicable to the work and/or as provided in Subsection 109.04 when the Contract does not include appropriate pay items. The Department reserves the right to use othe r forces for explorator y work to identify and determine the extent of hazardous and/or toxic waste. Should the disposition of such material require special procedures by cer tified personnel, the Department will make arrangements with qualified persons to dispose of the material. When the existence of USTs are known in advance of construction activity, the Contractor shall give the Office of Pollution Control written notification 30 days in advance of removal. When a UST contains or has been used for containment of a regulated substance and the Contractor is required to remove such tank in accordance with the provisions of Subsection 104.05, the Contractor shall not use "flotation" as a method of removal. SECTION 108 - PROSECUTION AND PROGRESS
108.01 Subletting of Contract.
108.01.1 General. The total value of all work performed by the Contractor's own
organization shall be no less than 40 percent of the value of the remaining work after subtracting the Contract value of the specialty items from the value of the original Contract.
Source: Mississippi Standard Specifications for Road and Bridge Construction, 2017 Edition. Pages 62–85 of 1,113.