107LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC

New Hampshire Department of Transportation Standard Specifications – 2016

107.01Laws to be Observed

The Contractor shall keep fully informed with, and observe and comply with all Federal and State l aws, all local laws and ordinances, and regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority, that affect individuals engaged or employed on the Project, or that affects the conduct of the Work on the Project. The C ontractor shall protect, defend, and indemnify the Department and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the Contractor, Subcontractor(s) at any tier, suppliers of materials or services, or others engaged by the Contractor, or their employees. The Engineer is to be notified immediately in writing if any discrep ancy or inconsistency is discovered between the Contract and any law, ordinance, regulation, order, or decree except as noted in 107.04. The Contractor’s attention is called to RSA 275:43, which provides for weekly payment to employees, and to RSA 235:37, which provides requirements relative to w orker’s compensation. The latter statute provides that the Commissioner of Transportation shall require every private Contractor engaged in construction or maintenance work by Contract with the State, a county, a city or town, on any State, State -aid, or town-aid highway or bridge project to file with the Commissioner of Labor and the Commissioner of Transportation of the State a declaration of acceptance of the provisions of RSA Chapter 281 -A, Worker’s Compensation, as amended, before any Work is begun on such project. Bulletin Board Requirements: The Contractor shall erect and maintain a bulletin board on which to post the notices, rates, and related items that are required to be posted. The board shall be a minimum of 4 foot by 8 foot in order to allow sufficient space, without overlapping, for both State and Federal poster/information, as required. Additional work classifications and their rates, requested by the Contractor and subsequently approved by the USDOL, shall also be posted. Bulletin boards shall be an enclosure and the posted documents shall be protected from the elements by glass or Plexiglas. Boards shall be erected on the site of work, be placed in a conspicuous and accessible location where it can be easily seen by all workers. If placing the bulletin board on the site of work is not feasible, either for safety reasons or due to the work taking place, the Contractor may recommend placing it in an adjacent location subject to NHDOT approval. If the NHDOT deems the alternate location as unsuitable (the location is too distant or will not be utilized by all Subcontractors, etc.), the NHDOT may instead require the use of employee bulletin board handouts in accordance with FHWA policy. Contractors have two options for posters: Option 1 - Using “ all-in-one” Federal and State posters; or Option 2 - Arranging posters in a predetermined manner as shown in the Proposal. The bulletin board shall remain the property of the Contractor and shall be removed upon completion of the Work. Except for Work done under items in the Contract, work prescribed in this section will not be paid for separately but will be considered as subsidiary. The Contractor’s attention is further called to RSA 281-A:18, which reads in part: “ 281-A:18 Contractor’s Liability for Subcontractors. A Contractor who subcontracts all or any part of a Contract shall bear the liability of the Subcontractor of that contract for the payment of compensation under this chapter to the employees of the Subcontractor, unless the Subcontractor has secured the payment of compensation as provided for in this chapter. Any Contractor who shall become liable for compensation under this section may recover the amount of the compensation paid and necessary expenses from the Subcontractor . ..” The Contractor’s attention is further called to RSA 266:72, which reads in part: “ 266:72 Spillage of Material.

its load from dropping, sifting, leaking or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be spri nkled on a way in cleaning or maintaining such way. II. No person shall operate on any way any vehicle with any load unless said load and any covering thereon is securely fastened so as to prevent said covering or load from becoming loose, detached, or in any manner a hazard to other users of the way. Without limiting the foregoing provision, no person shall drive on any way any open vehicle loaded with earth, sand, asphalt, stone, gravel, or other particulate substance unless said vehicle is equipped with and said load is entirely covered and secured by a tarpaulin or similar covering which prevents the escape of any substance from said load onto the way. II-a. No person shall operate on any way any open vehicle loaded with light scrap metal, unless the load is covered with and secured by a close -fitting tarpaulin which prevents the escape of any light scrap metal from the load onto the way. For the purposes of this paragraph “ light scrap metal'' means any fragments less than 8 ” wide and no more than 1/8” thick of manufactured metal articles or shredded metal parts rejected or discarded and useful only as material for reprocessing. The provisions of this paragraph shall not apply to truck operators transporting crushed vehicles to shredding facili ties or to transporters of heavy scrap metals to or from metal scrap dealers or remelting facilities.

New Hampshire Department of Transportation Standard Specifications – 2016 III. Any person who violates the provisions of this section shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. Any person shall be liable to the state or town for any damage done to the way by spillage. IV. The provisions of paragraphs I, II, II- a, and III of this section shall not apply to a local farmer transporting his or her own farm products or mate rials incidental to a local farming operation where such transporting requires incidental use of a way, provided that such farmer shall not thereby be relieved of his or her duty to exercise reasonable care to prevent hazardous spillage.

highways provided that such equipment or motor vehicle is used within a highway construction zone as prescribed by the commissioner of transportation, provided that the driver of any such vehicle shall not thereby be relieved of the duty to exercise reasonable care;

allowed by the Commissioner will not waive the requirement for covered loads beyond such limits. Projects in this State occur within watersheds under the management of the New Hampshire Department of Environmental Services, Water Division (WD). The purpose of part Env-Ws 1700 of the NH Code of Administrative Rules is to “ establish water quality standards for the State’s surface water uses as set forth in RSA 485-A.” The Contractor’s attention is further called to RSA 146-A Oil Discharge or Spillage in Surface Water or Groundwater. The Contractor must take sufficient precautions to prevent the runoff of fuels, oils, bitumens, calcium chloride, or other polluting materials, harmful to humans, fish, or other life, into the water supplies and surface waters of the State. The Contractor shall have oil spill kits on site and readily available during construction. Unless otherwise permitted by the WD, control measures must be adequate to assure that turbidity in the receiving water due to the runoff of silt and clay will not be increased to more than ten (10) nephelometric turbidity units (NTU) above naturally occurring conditions in Class B waters. Class A waters shall contain no turbidity, unless naturally occurring. Proper planning and scheduling of construction operations are major factors in controlling erosion. Construction of drainage facilities and performance of other Work that will contribute to the control of erosion and sedimentation shall be carried out concurrently with earthwork operations or as soon thereafter as practicable. Where there is a high potential for erosion and subsequent water pollution, the duration of the exposure of the uncompleted construction to the elements shall be kept to a minimum. Fine material placed or exposed during the Work shall be so handled and treated as to minimize the possibility of its reaching any stream or water supply. Diversion channels, dikes, sediment traps, and any other effective measures may be used. Where applicable and unless otherwise permitted where an alternate procedure would be acceptable to the State and the Contractor , before water shall be allowed to run into any ditch or channel, the waterway shall be prepared with permanent erosion control measures so that the waterway will be safe against erosion. Prior to beginning the work, the Contractor shall submit a schedule of operations indicating the special precautions proposed to control erosion. Special precautions shall be taken in the use of construction equipment to minimize erosion. Wheel tracks shall not be left where erosion might begin. Wherever crossing of live streams is necessary, temporary culverts or bridges shall be constructed to allow equipment to cross. Fording of streams shall not be permitted unless approved by the Engineer and appropriate permits have been obtained. Disturbance of lands and waters that are outside the limits of the constru ction as staked will be prohibited except as may be found necessary and ordered. All waterways shall be cleared as soon as practicable of falsework, piling, debris, or other obstructions placed during construction operations and not a part of the finished Project. Prior to suspension of construction operations for appreciable lengths of time, the Contractor shall shape the earthwork in a manner that will permit storm runoff with a minimum of erosion. Temporary erosion and sediment control measures such as berms, dikes, slope drains, or sedimentation basins shall be provided and maintained until permanent drainage facilities and erosion control features have been completed and are operative. The Contractor’s attention is called to RSA 482 -A:3 Excavating and Dredging Permit; Certain Exemptions which reads in part: “ 482-A:3 Excavating and Dredging Permit; Certain Exemptions.

in and adjacent to any waters of the state without a permit from the department. Unless otherwise specified in rules adopted by the commissioner pursuant to RSA 482-A:11, any person seeking to obtain a permit shall submit to the department:

property is located or, if the property is located in more than one municipality, by the city or town clerk of each such municipality, certifying that the municipality has received 4 copies of the form and attachments as provided in subparagraph (a)(2). The town or city clerk shall send a copy of the form and attachments to the local governing

New Hampshire Department of Transportation Standard Specifications – 2016 body, the municipal planning board, if any, and the m unicipal conservation commission, if any, and shall retain one copy to be made reasonably accessible to the public. Applications and fees for projects by agencies of the state may be filed directly with the department, with 4 copies of the application, pla n, and map filed at the same time with the town or city clerk.

may include maps and plans.

dredge, fill, or dock surface area proposed, or a combination thereof, which shall be $2 per square foot for permanent dock surface area; $1 per square foot for seasonal dock surface area; and $.20 per square foot for dredge or fill surface area or both. For projects involving only the repair, reconstruction, or reconfiguration of an existing docking structure, the application fee shall be $200.

application fee for all projects under this chapter which are not covered by subparagraph (b) o r (c) or paragraphs IV-a, V, X through XII, XV, XVI, or XVII through XIX shall be $.20 per square foot of proposed impact, with a minimum fee of $200 for all such projects that impact fewer than 1,000 square feet…. “

and RSA 485-A:17 Terrain Alteration which reads in part: “ 485-A:17 Terrain Alteration. I. Any person proposing to dredge, excavate, place fill, mine, transport forest products or undertake construction in or on the border of the surface waters of the state, and any person proposing to significantly alter the characteristics of the terrain, in such a manner as to impede the natural runoff or create an unnatural runoff, shall be directly responsible to submit to the department detailed plans concerning such proposal and any additional relevant information requested by the department, at least 30 days prior to undertaking any such activity. The operations shall not be undertaken unless and until the applicant receives a permit from the department. The department shall have full authority..” In order to prevent the dissemination of harmful or destructive plants or insects, no person shall collect, transport, sell, distribute, propagate, transplant or release any living and viable portion of any plant or any insect species listed in Table 3800.1 of Part AGR 3802 of the New Hampshire Code of Administrative Rules (Statutory Authority RSA 430:55). Complete information may be secured from the NH Department of Agriculture, Markets & Food Division of Plant Industry. The Contractor shall also protect the atmosphere from particulate and gaseous pollutants in conformance with rules promulgated by the New Hampshire Department of Environmental Services, Air Resources Division. The Contractor’s attention is called to Part Env -A 1000 Prevention, Abatement and Control of Open Source Air Pollution; which reads in part: Env-A 1001.04 General Open Burning Requirements . Open burning in any part of the state shall be permissible when the burning:

The Air Resources Division may order unauthorized burning to cease and may order authorized burning creating a nuisance to cease. The order may be issued directly to the Contractor or to the Contractor through the Engineer.

107.02Permits, Licenses, and Taxes

The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, an d give all notices necessary and incidental to the due and lawful prosecution of the Work. The costs for all charges, fees, and taxes shall be included in the unit prices bid for the various items of the Contract. Necessary permits from the proper authorities for the Work as shown on the Plans or indicated in the Proposal in coastal and inland waters and wetlands within the State have been or will be obtained by the Department as described in the Prosecution of Work. It will be the Contractor ’s responsibility to secure permits, variances, or modifications to the permits secured by the Department for additional work not shown on the Plans or work necessary for the Contractor’s method of construction. Additional work shall not begin until permits, variances, or modifications have been obtained. Permit applications for Work within waters of the State are obtainable from the Wetlands Bureau, State of New Hampshire, Department of Environmental Services, 29 Hazen Drive, PO Box 95, Concord, NH 03302- 0095, or fr om their website at www.des.state.nh.us/wetlands. Applications may also be obtained from town and city clerk offices. This permit process may take

New Hampshire Department of Transportation Standard Specifications – 2016 60 days or more to complete. Furthermore, if warranted, additional time should be allowed for a public hearing in accordance with RSA 482-A:8. The Contractor is further notified that if the total project impact to wetlands under the jurisdiction of the United States Army Corps of Engineer (USACOE) (work shown on the Plans plus additional work proposed by the Contractor ) is between 3000 ft 2 and 3 acres, the State permitting process is subject to Federal review. The USACOE will notify the applicant within 30 days after issuance of the State permit if a USACOE i ndividual permit is required. If the total project impact to jurisdictional wetlands exceeds 3 acres, then an USACOE individual permit is required and the application is subject to a Federal public hearing, which may require submission of additional information to the USACOE. The attention of the Contractor is called to RSA Chapter 293 -A, Business Corporation Act, which, among other provisions, requires that out -of-state corporations obtain a certificate of authority to do business in the State from the Se cretary of State; to RSA Chapter 305-A, Registration of Foreign Partnerships, which, among other provisions, requires that every foreign partnership desiring to do business in this State shall register with and obtain a certificate of authority to do busin ess in the State from the Secretary of State; and to RSA Chapter 349, Trade Names, which, among other provisions requires that every sole proprietor doing business in this State under any other name than their own shall register the trade name of such business, and that every person, proprietorship, partnership, or association, engaged in the conduct of any business, enterprise, venture, or activity within the State under a trade name, firm, or style shall, subject to limitations, file in the office of the Secretary of State a certificate signed and sworn to by such person or proprietorship or by members of such partnership or association stating the name under which the business is to be conducted, the principal place of said business, and a brief descripti on of the kind of business to be carried on, with the names and addresses of the principal parties engaged therein. The Contractor’s attention is further called to RSA 72 -B, Excavation Tax and related administrative rules of the Department of Revenue Administration, which among other provisions, levies a tax on earth and excavations as defined in RSA 155 -E. The Contractor is required, on a yearly basis, to file a Notice of Intent to Excavate in each municipality where excavation operations are anticipated. Additionally, the Contractor shall post the Excavation Tax Certificate, received from the Department of Revenue Administration, at the Contractor’s project bulletin board. Bidders with the word “ Engineer” or any form of such word in the name of their business should review RSA 310 -A:20, which prohibits the Secretary of State from issuing a certificate of incorporation to any business or registering a foreign b usiness organization with any derivative of the word “ Engineer” in its name or which practices Engineering until the business organization obtains a certificate of authorization from the State Board of Licensure for Engineers.

The Contractor’s attention is further called to RSA 80:7, RSA 80:7a, RSA 80:7b, and RSA 80:7c, which read: “ 80:7 Contractors’ Taxes. Whenever any person, firm or corporation enters into a Contract or agreement with the state or any political subdivision thereof it shall be a term or condition of such Contract that the state or such political subdivision shall withhold or retain from the Contract price provided for in such Contract such sum or sums as will secure the payment of the taxes levied and assessed against the property of such Contractor or against the property for which such Contractor may be liable for the payment of taxes thereon, until such taxes are paid by such Contractor, or are authorized paid by him from the sums so withheld, provided the collector of taxes or other person responsible for the collection of such taxes notifies the treasurer of the state or political subdivision that such taxes have been assessed but are unpaid. Such notice shall not be given to the treasurer as aforesaid until the expiration of a period of ten days after the collector or other person responsible for the collection of the taxes has presented or sent by first class mail, postage prepaid, addressed to the last known address of such Contractor a tax bill, or a duplicate or copy of the tax bill presented or sent to a Subcontractor or lessee for the payment of whose taxes said Contractor is liable together with a notation to said Contractor stating therein a date certain when said collector or other person responsible for the collection of such taxes will notify the treasurer as aforesaid. If the taxes so assessed are not paid by the person, firm or corporation liable therefore by December first of the year of assessment, the treasurer, upon notice from the collector of taxes that the taxes remain unpaid, shall pay over the amounts withheld to the collector and take his receipt therefore which shall be a full and complete discharge of the treasurer from any further liability for the sum so withheld. If on December first the person, firm or corporation is not entitled to sufficient sums under the Contract from which the treasurer can w ithhold the amount of taxes due, the treasurer as soon thereafter as sufficient sums are available for the purpose shall immediately pay over to the collector the sums so withheld. If the person, firm or corporation shall pay to the collector the taxes fo r which he or it is liable after notice to withhold by the collector to the treasurer, the collector shall immediately notify the treasurer so withholding, and the sum so withheld shall be paid to the person, firm or corporation, if otherwise due. 80:7-a Subcontractors’ Taxes. Whenever a person, firm or corporation enters into a Contract or agreement with the state or any political subdivision thereof and such Contractor employs a Subcontractor to perform any of the work contemplated by such Contract or agreement, it shall be a stated term or condition of such Contract, that said Contractor will be liable for the payment of any taxes assessed in the name of and upon the property of the

New Hampshire Department of Transportation Standard Specifications – 2016 Subcontractor, used by said Subcontractor in the performance of said subcontract if assessed while said Contract is being performed, to the extent of any sum or sums that may be due from the Contractor to the Subcontractor at the time of or after the Contractor has been notified by the collector of taxes in writing that payment of said taxes has been demanded of said Subcontractor but said Subcontractor has failed, neglected or refused to pay the same. Said Contractor may retain from the Contract price the amount for which he is liable hereunder. T he amount of the taxes for which the said Contractor may be liable hereunder may be withheld or retained from the Contract price under the provisions of RSA 80:7. 80:7-b User’s Taxes. Whenever a person, firm or corpor ation enters into a Contract or agreement with the state or any political subdivision thereof and such Contractor has in his possession and uses any taxable property owned by another upon the job to be performed under the Contract or agreement, it shall be a stated term or condition of such Contract that the Contractor having such property in his possession shall be liable for the amount of taxes assessed against such property in the name of the owner of such property while the same is in the possession of such Contractor to the extent of the amount of any sum or sums of money that may be due from said Contractor to the owner of such property for rental or hire thereof at the time of or after the collector of taxes has notified said Contractor in writing that he has made demand upon the owner of such property for payment of the taxes assessed upon said property but that the owner of such property has failed, neglected or refused to pay said taxes. Said Contractor may retain from the sums to be paid for the u se of such property the amount for which he is liable hereunder. The amount of the taxes for which the said Contractor may be liable hereunder may be withheld or retained from the Contract price under the provisions of RSA 80:7. 80:7-c Exemption from Atta chment. The sums so withheld by the treasurer of the state or any political subdivision thereof upon notice from a collector of taxes under the provisions of RSA 80:7 and the sums so withheld and to be withheld by any Cont ractor under the provisions of 80:7- a and 80:7- b shall be exempt from attachment, garnishment and trustee process by any person except in an action or suit brought by the collector of taxes to collect such taxes.”

107.03Patented 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 suitable legal agreement with the patentee or owner. The Contractor and Contract Surety shall defend and indemnify the Department, any affected third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented or copyrighted design, device, material, or process, or any trademark or copyright. The Contractor shall indemnify the Department from costs, expenses, and damages that may be obligated for payment by reason of an infringement during the prosecution of the Work or after the completion of the Project.

107.04Federal Aid Participation

When any Federal laws, rules, or regulations are in conflict with any provisions of a federally assisted Contract, the Federal requirements shall prevail, take precedence, and be in force over and against any such conflicting provisions. If there is Federal participation in the cost of the Contract, the Work shall be under the supervision of the Department but subject to the inspection and approval o f the proper officials of the United States Government. Inspections made by authorized Federal representatives shall not make the United States Government a party to the Contract and will not interfere with the r ights of the Contract parties.

107.05Sanitary, Health, and Safety Provisions

The rules and regulations of Federal, State, and local health officials shall be observed. No employees of the Contractor or Subcontractor(s) shall be required to work in surroundings, or under conditions that are unsanitary, hazardous, or dangerous to their health or safety. Any inspector of the OSHA or other legally responsible agency involved in safety and health administration shall be admitted without delay and without presentation of an inspection warrant to all areas of the Work and Project upon presentation of proper credentials. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of its employees and Department representatives as may be necessary to comply with the requirements of the State Board of Health, or of other bodies or tribunals having jurisdiction. Except as provided under Section 698, this work shall be subsidiary. The Federal occupational safety and health standards comprise Part 1910 and Part 1926 respectively of Title 29 of the Code of Federal Regulations and are amended periodically in the Federal Register. In case any revisions in the Code of Federal Regulations are published, such revisions will be deemed to supersede the appropriate Part 1910 and Part 1926, and be effecti ve as of the date set forth in the revised regulation. The Contractor’s attention is directed to RSA Chapter 277, Safety and Health of Employees, which among other provisions, states rules regarding elevators and scaffolding at construction sites.

New Hampshire Department of Transportation Standard Specifications – 2016 In protecting employees from hazardous or toxic exposure, RSA Chapter 277- A, Toxic Substances In The Workplace, states that the employees have the right to know of possible toxic substances in the workplace, and RSA 277 -A:5, in part, states that employers shall inform employees as to possible contact with toxic materials and conduct education and training programs.

107.06Public Convenience and Safety

Construction shall be conducted in a manner so that obstructions to traffic are minimized. The safety and convenience of the public and the protection of persons and property shall be provided as specified under 104.03. The safety provisions of all laws, rules, codes, and regulations applicable to the class of work being performed shall be followed. No footways, gutters, sewer inlets, or portions of highways adjoining the highway under construction shall be obstructed more than is necessary. Fire hydrants and water holes for fire protection on or adjacent to the highway shall be kept accessible to the fire apparatus at all times and no obstructions shall be placed within ten feet of any such facility. The Contractor shall be responsible for proper and timely notification to local residents prior to any interruptions of their access or services. In the event that all or part of the highway is officially closed to traffic during construction, the Contractor shall provide and maintain safe and adequate traffic accommodations for residences and businesses along and adjacent to the highway so closed. Except for work done under items in the Contract, work prescribed herein will not be paid for separately but will be considered as subsidiary.

107.07Barricades and Warning Signs

The Contractor shall provide, erect, and maintain barriers, barricades, lights, signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the Work and safety of the public. Highway sections closed to traffic shall be protected by effective barriers and barricades. Obstructions shall be illuminated during darkness. Warning signs shall be provided to control and direct traffic. The Contractor shall erect warning signs in advance of operations that may interfere with the use of the road by traffic and where the new work crosses or coincides with an existing road. Warning signs shall be placed according to the Traffic Contro l Plan and maintained in accordance with the Contract. Signs, barriers, barricades, lights, or other protective devices shall not be dismantled or removed without permission of the Engineer. The Contractor will be held responsible for all damage to the Work from tra ffic, pedestrians, animals, or any other cause due to lack of adequate protective devices. All barricades, warning signs, lights, temporary signals, and other protective devices shall conform with the MUTCD and Section 619.

107.08Use of Explosives

All laws, ordinances, and regulations, including the rules of the Director of State Police as well as Part 1926 - Safety and Health Regulations for Construction (OSHA) of Title 29 of the Code of Federal Regulations and the appropriate parts of Title 30, whichever is the most restrictive, shall be followed in the use, handling, loading, transporting, and storing of explosives and blasting agents. The Contractor’s attention is called to RSA Chapter 158, which gives the Director of the Division of State Police the authority to regulate the sale, storage, handling, transportation, inspection, administration, and use of explosives or explosive subst ances. Explosives used in the prosecution of the Work shall not endanger life, property, or new work. The Contractor shall be liable for all property damage, injury, or death resulting from the use of explosives. The Contractor shall notify each property owner and public utility company havin g structures or facilities close to the Work of any intention to use explosives. The notice shall be given sufficiently in advance to enable the owners to protect their property. All explosives shall be stored in a secure manner. All storage places shall be clearly marked. Explosives shall be stored in a magazine which shall be located in respect to buildings, railways, and highways in a manner as required by the Director of St ate Police. Explosives shall be used only during daylight hours, shall be handled only by competent workers, and particular care shall be taken to ensure that no unexploded charges remain in the Work. All persons within the danger zone of blasting operations as determined by the blasting Contractor (per 203.3) shall be warned and no blasting shall be done until the zone has been cleared. Sufficient flaggers shall be stationed outside the danger zone to stop all approaching traffic during blasting operations.

107.09Protection and Restoration of Property and Landscape

Public and private property shall be preserved in the prosecution of the Work. Land monuments and property ma rkers shall not be moved, disturbed, or damaged until the Engineer has witnessed or referenced their location. The Contractor is responsible for damage to public and private property resulting from any act, omission, neglect, misconduct in the Contractor ’s method of executing the work, defective work or materials, or failure to perform the Contract. This responsibility shall not be released until Completion and Acceptance.

New Hampshire Department of Transportation Standard Specifications – 2016 Damaged property shall be restored to a condition similar or equal to that existing before the damage or injury occurred. The repairing, restoring, rebuilding, or making good of such damage or injury shall be at the Contractor’s expense. If the Contractor fails to repair , restore, rebuild, or make good such damage or injury, the Engineer, after 48 hours’ notice , may proceed to do so, and the cost thereof will be deducted from any money due or which may become due the Contractor under the Contract.

.1 Cultural Resources

When construction operations encounter possible historic or potential Native American artifacts of archeological significance, operations shall be immediately suspended in the area and the Engineer notified. The Engineer will contact the Department’s Cultural Resource Manager (603-271-3226) and the State archaeologist who with the Project Manager will determine the disposition of the site. It may be necessary for others to conduct investigations to determine the extent of importance of the site and to recover the remains prior to commencement of the project within the defined boundaries of the site. Compensation and time extensions for this work shall be determined in accordance with 104.02. When construction operations encounter human remains, operations in the immediate area shall be temporarily discontinued and the Contractor shall notify the Engineer who will notify state and local police and the Department’s Cultural Resource Manager. The County Medical Exam iner will determine whether the remains require a criminal or archaeological investigation. A buffer zone will be defined for the burial sites; no work will be performed within that zone until after removal of the remains by others. The Contractor will be directed to continue work in the area when the investigation is completed. Compensation and time extensions for this work shall be determined in accordance with 104.02. The Contractor shall maintain a 25-foot buffer zone around known cemeteries. If the Contract specifies work within this buffer zone or cemetery, contact the NHDOT Cultural Resource Manager two (2) weeks prior to beginning work in that area. The Contractor’s attention is directed to RSA 227 -C:8 a-g, RSA 290, RSA 635, and Federal Regulations 36 -CFR-800 dealing with cemeteries and human remains.

107.10Forest Protection

Work within or adjacent to State or National Forests shall be accomplished under the rules and regulations of the State Fire Marshal, State Forest Fire Control Supervisor, Department of Resources and Economic Development, Department of Fish and Game, National Forest Supervisor, or other authority having jurisdiction governing the prote ction of forests. Sanitary laws and regulations regarding the performance of work within or adjacent to State or National Forests must be obeyed. The Contractor shall keep the project site 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 regulations and instructions issued by the Forest Supervisor. Forest fires shall be prevented and suppressed. The Contractor shall require employees and Subcontractors, both independently and at the request of forest officials, to prevent and suppress and to assist in preventing and suppressing for est fires and to notify a forest official of the location and extent of any fire. The requirements as to burning are as follows: No open burning shall be done by the Contractor without advance written approval from the New Hampshire Department of Environmental Services, Air Resources Division (see 107.01). The Contractor shall abide by such rules and directions as are prescribed by the local forest fire warden or the forest ranger of the New Hampshire Department of Resources and Economic Development, Division of Forest and Lands, or both.

107.11Responsibility for Damage Claims

The Contractor shall indemnify, defend, and save -harmless the State; adjoining states, cities, or towns; the railroad where operations will affect railroad property; and all of their officers, agents, and employees from and against an y and all claims, liabilities, suits, or penalties arising out of (or which may be claimed to arise out of) acts or omissions of the Contractor or Subcontractors in the performance of work covered by the Contract. This responsibility shall survive the ter mination of the Contract. Notwithstanding the foregoing, nothing herein contained shall be deemed to constitute a waiver of the sovereign immunity of the State, which immunity is hereby reserved by the State.

maintained by the Contractor . The insurance obtained shall cover all operations under the Contract whether p erformed by the Contractor or Subcontractor of any tier and shall be maintained until Acceptance.

form employed in the State of New Hampshire by underwriters licensed or approved by the Department of Insurance shall be furnished evidencing the required coverages and conditions. In addition, the underwriters must have a rating of no less then B+ based on the current A.M. Best rating guide. The Contractor shall have a continuing duty to provide new certificates of insurance as policies are amended or renewed. The minimum required insurance coverages and conditions are as follows:

New Hampshire Department of Transportation Standard Specifications – 2016

Limits of Liability: $100,000 each accident; $500,000 disease - policy. limit; $100,000 disease - each employee. Deductible, if applicable, to be shown on certificate.

Explosion, Collapse and Underground coverages. Limits of Liability: $1,000,000 Each Occurrence Bodily Injury & Property Damage; $2,000,000 General Aggregate-Include Per Project Aggregate Endorsement; $2,000,000 Products/Completed Operations Aggregate; or Comprehensive General Liability Form; to include Premises/Operations, Independent Contractors, Products/Completed Operations, Personal Injury, Contractual Liability (see Indemnification Clause), Collapse and Underground, Medical Payment coverages (Broad Form Comprehensive GL Endorsement) $1,000,000 Combined Single Limit of Liability for Bodily Injury & Property Damage. Note: If blasting or demolition or both is required by the Contract, the Contractor or Subcontractor shall obtain the respective coverage and shall furnish to the Engineer a Certificate of Insurance evidencing the required coverages prior to commencement of any operations involving blasting or demolition or both.

Transportation. Limits of Liability: $2,000,000 Each Occurrence; $3,000,000 Aggregate. or $2,000,000 Bodily Injury & Property Damage per occurrence (1973 form).

non-owned vehicles. Limits of Liability: $1,000,000 Combined Single Limit for Bodily Injury & Property Damage.

Limits of Liability: $1,000,000 Each Occurrence; $1,000,000 Aggregate.

the railroad, on behalf of and payable to the railroad company and, if applicable, to the owner of the railroad corridor specified in the Prosecution of Work. Combined Single Limit of Liability for Bodily Injury and Property Damage. Limits of Liability: $2,000,000 per Occurrence; $6,000,000 Aggregate

10 days in cases of non-payment of premium, after written notice thereof has been received by the Department.

on one hundred percent (100%) completed value basis of all building construction. This coverage shall specifically insure all landscape plantings on a one hundred percent (100%) completed value basis. Coverage need not include work involving parking areas, driveways, roads or bridges. Builder’s Risk coverage shall include materials located on-site, in-transit, and at any temporary site. The policy by its own terms or by endorsement shall specifically permit partial or beneficiary occupancy prior to completion or acceptance of the entire work. The policies shall be in the names of the State Agency and the Contractor. The policies shall provide for the inclusion of the names of all other Contractors, Subcontractors, and others employed on the premises as insureds. The policies shall stipulate that the insurance companies shall have no right of subrogation against any Contractors, Subcontractors or other parties employed on the premises.

New Hampshire Department of Transportation Standard Specifications – 2016 Insurance requirements described above shall be the responsibility of the Contractor . The Contractor may require Subcontractors to maintain similar coverage.

107.12No Third Party Beneficiary

It is specifically agreed between the parties executing this Contract that it is not intended by the Contract provisions to m ake the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to the Contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the Contract. The duties, obligations , and responsibilities of the parties to this Contract with respect to third parties shall remain as imposed by law.

107.13Personal Liability of Public Officials

The Department’s authorized representatives are acting solely as agents and representatives of the Department when carrying out and exercising the power or authority granted to them under the Contract. There shall not be any liability either personally or as employees of the Department. No part of this Contract shall be understood to waive the sovereign immunity of the State.

107.14No Waiver of Legal Rights

Acceptance will not prevent the Department from correcting any measurement, estimate, or certificate made before or after completion of the Contract. The Department will not be prevented from recovering, from the Contractor or Surety or both, overpayments sustained for failure to f ulfill the obligations under the Contract. A waiver on the part of the Department of any breach of any part of the Contract shall not be held to be a waiver of any other or subsequent breach. The Contractor is liable to the Department for latent defects, fraud or such gross mistakes as may amount to fraud, or as regards the Department’s rights under any warranty or guaranty without prejudice to the terms of the Contract.

107.15Civil Rights

The Contractor shall comply with Federal, State and local laws, rules, and regulations that set forth unlawful employment practices including that of discrimination because of race, religion, color, sex, or national origin, and that define actions required for Affirmative Action and Disadvantaged Business Enterprise programs.

107.16Assignment Provision

The Contractor hereby agrees that it will assign to the State all causes of action that it may acquire under the antitrust laws of New Hampshire and the United States as the result of conspiracies, combinations, or Contracts in restraint of trade which aff ect the price of goods or services obtained by the State under this Contract if so requested by the State.

107.17Hazardous Materials

The Contractor shall be aware of laws and regulations relating to hazardous materials that may be encountered during construction operations, either within project limits or at material sites off the project. The health and safety of employees, the general public, and the potential for damage to the overall environment is possible if hazardous materials are not recog nized, reported, and the appropriate action taken to dispose of, remove from the site, or otherwise contain the possible contaminants. State laws such as RSA141 -E, Asbestos Management and Control, RSA 147- A, Hazardous Waste Management, and RSA 149-M, Solid Waste Management, identify the major areas of concern. Parts Env -Wm 100-110, Env-Wm 101-300, 2100-3700, and Env-Wm 3900 of the New Hampshire Code of Administrative Rules identify various contaminants related to hazardous waste, solid waste, and asbestos and their management, respectively. If any abnormal condition is encountered or exposed that indicates the presence of a hazardous material or toxic waste, construction operations shall be immediately suspended in the area and the Engineer notified. No further work shall be conducted in the area of the contaminated material until the site has been investigated and the Department has given approval to continue the work in the area. The Contractor shall fully cooperate with the Engineer and perform any remedial work as directed. Work shall continue in other areas of the Project unless otherwise directed. Exposure to hazardous materials may result from contact with, but not necessarily limited to, such items as drums, barrels, other containers, and waste such as cars, batteries, and building construction debris. Containers leaking unknown chemicals or liquids, abandoned cars leaking petroleum products, batteries leaking acid, construction debris that may include asbestos, or any other source of suspected hazardous material found within excavation areas or stockpiled on land within construction limits shall be referred to the Department of Environmental Services so that a proper identification of the materials may be made and disposal procedures initiated as required. Disposition of the hazardous material or toxic waste shall be made under the requirements and regulations of the Department of Environmental Services. Work required to dispose of these materials shall be performed under Contract item(s), or Supplemental Agreement; compensation and time adjustment shall be as provided for in 104.02. If the waste material disposal requires special procedures, the Department will make arrangements to dispose of the material.

New Hampshire Department of Transportation Standard Specifications – 2016

108.01Subletting of Contract

The Contractor shall not sublet, sell, transfer, assign, or dispose of any portion of the Contract or Contracts without written consent of the Department. The Contractor’s organization shall perform work amounting to not less than 50 percent of the Contract Amount unless a higher percentage is specified in the Contract. Items designated in the Contract as “ specialty items” may be subcontracted and the cost of specialty items performed by subcontract may be deducted from the Contract Amount before computing the amount of work required to be performed by the Contractor ’s own organization. Any subcontracts , or transfer of Contract, shall not relieve the Contractor, or its Surety of liability under the Contract and Bonds. For proposed Subcontractor or lower-tier Subcontractor approval, the Contractor shall file all required forms and a copy of the executed subcontract with the Bureau administering the Contract at least five working days prior to the requested subcontract work being started. Retroactive subcontract or lower-tier subcontract agreements will not be allowed. In accordance with New Hampshire law (RSA 228:4-b), prior to any on- site work being performed on any highway, bridge, or other construction, reconstruction, alteration, or maintenance project funded by the Department, each Contractor, Subcontractor, lower-tier Subcontractor, must submit a “ Work Certificate” with supporting documentation and obtain approval from the Bureau administering the project. The Contractor shall not knowingly sublet, sell, transfer, assign, or dispose of any portion of the Contract or Contracts with any person or entity which, under any federal or state law or regulation, or by voluntary agreement, is currently debarred or disqualified from bidding for construction Contracts or participating in construction projects in any jurisdiction of the United States, unless after disclosure of such ineligibility, such participation is authorized by appropriate federal and State autho rities, including the Engineer. No payment will be made for work performed by any such Contractor . Transmittal requests (OFC Form 15) shall indicate either subcontract work or lower-tier subcontract work and shall include a copy of the subcontract agreement attached to a certification that all required Contract provisions, notices and report forms are a part of each subcontract. If, during the course of the Work, a Subcontractor or lower-tier Subcontractor fails to complete or perform satisfactory work, the Contractor shall complete the Work itself or with another approved Subcontractor. The Contractor shall not substitute another Subcontractor for an approved Subcontractor except for reasons acceptable to the Department, nor shall an approved Subcontractor be allowed to perform work not prescribed in the executed agreement on file without prior consent by the Department. No payment will be made for work performed by any Subcontractor , lower-tier Subcontractor, or Independent Contractor performing work without consent by the Department. Consent will be contingent upon submittal of all required forms including a “ Work Certificate ”. Any Subcontractor, lower -tier Subcontractor, or Independent Contractor that fails to comply with this requirement may be reported to the New Hampshire Department of Labor for review under RSA 228:4- b.

108.02Notice to Proceed

The Notice to Proceed will stipulate the date on which it is expected the Contractor will begin the construction and the date from which Contract Time will be charged. Commencement of work by the Contractor , prior to the Notice to Proceed, shall constitute the beginning of construction and the date from which Contract Time will be charged.

108.03Pre-Construction Activities

Prior to commencement of any major work on the Project, a pre-construction conference shall be held to review the proposed project schedule and coordinate the Work of the Contractor , utilities, and Subcontractors. The Contractor shall be prepared to discuss in detail the proposed schedule; the Storm Water Pollution Prevention Plan (SWPPP), and the Traffic Control Plan particularly as these relate to coordination with schedules of the utilities and Subcontractors. In addition, the Contractor shall be prepared to provide details on the sources and delivery of materials. If required the Contractor shall submit a written SWPPP and Traffic Control Plan to the Engineer for approval in accordance with 105.02. The Contractor shall submit a Progress Schedule to the Engineer for documentation in accordance with 105.02; the Engineer reserves the right to return the Progress Schedule for revision based on the form, compliance with the Contract and good scheduling practice. No work shall proceed on the project, other than mobilizing, installation of the permanent construction signs, and installing the field office, until the Progress schedule has been submitted and accepted for documentation. The Progress Schedule submission shall include at a minimum a paper copy and an electronic file. The New Hampshire Department of Transportation has adopted Micro soft Project Scheduler as the official Department scheduling software. All electronic submissions shall be compatible with MS Project.