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104.10 RIGHTS IN AND USE OF MATERIALS FOUND ON THE PROJECT . The Contractor,
with the approval of the Engineer, may use on the project such stone, gravel, sand, or other material determined suitable by the Engineer, as may be found in the excavation and will be paid both for the excavation of such materials at the corresponding Contract unit price and for the pay item for which the excavated material is used. The Contractor shall replace at its own expense with other acceptable material all of that portion of the excavation material so removed and used which was needed for use in the embankments, backfills, approaches, or otherwise. No charge for the materials so used will be made against the Contractor. The Contractor shall not excavate or remove any material from within the highway location which is not within the grading limits, as indicated by the slope and grade lines, without prior written authorization from the Engineer.
104.11 FINAL CLEANING-UP . Prior to any inspections performed subsequent to the
Contractor’s “Notice of Substantial Completion,” all areas occupied by the Contractor in connection with the work shall be cleaned of all rubbish, excess materials, temporary structures, and equipment. All parts of the work shall be left in an acceptable condition. The cost of the final clean-up shall be incidental to other items of work and no separate payment shall be made. The Contractor shall remove its equipment, materials and other obstacles from the project right-of-way and from property adjacent to the project site which is not owned or controlled by the Contractor within thirty (30) days after completion of the Project. The Contractor shall clean and remove all cement streaks or drippings, paint smears or drippings, rust stains, oil, grease, bituminous materials, dirt, and other foreign materials on or in any structure, curb, gutter, median or gore marker due to its operation.
104.12 RAILWAY-HIGHWAY PROVISIONS . If the Contract requires that materials be hauled
across the tracks of any railway, the Department will arrange with the railway for new crossings or for the use of any existing crossings. If the Contractor elects to use crossings other than those specified in the Contract, the Contractor shall make arrangements for the use of the crossings. Work to be performed by the Contractor on the railway Right-of-Way shall be performed to avoid interference with the movement of trains or traffic of the railway company. The Contractor shall avoid accidents, damage, or unnecessary delay or interference with railway trains and other property.
104.13 CONSTRUCTION OVER OR ADJACENT TO NAVIGABLE WATERS . Work over, on,
or adjacent to navigable waters shall be so conducted so that free navigation of the waterways will not be interfered with and that the existing navigable depths will not be impaired except as allowed by permit issued by the U.S. Coast Guar d or the U.S. Army Corps of Engineers, as applicable. 1−30
104.14 CONTRACTOR'S RESPONSIBILITY FOR THE WORK . Until substantially complete,
the Contractor shall be responsible and shall pr otect all work against injury or damage from all causes whether arising from the execution or the non-execution of the work. At the Contractor's expense, the Contractor shall rebuild, repair, restore, and make good all losses, injuries, or damages to any portion of the work from any cause except those beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God, such as earthquake, tidal wave, tornado, hurricane, or other cataclysmic phenomenon of nature, or acts of the public enemy or of governmental authorities. In case of suspension of work from any cause whatsoever, the Contractor shall be responsible for the project and shall take such precaution as may be necessary to prevent damage to the project, provide for normal drai nage and shall erect any necessary temporary structures, signs, or other facilities at its expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established plantings, seedings, and soddings furnished under his Contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. All costs associated with the work described in this Subsection shall be borne by the Contractor, unless otherwise provided, under Subsection 104.03; Differing Site Conditions .
104.15 ENVIRONMENTAL PROTECTION. The Contractor shall comply with any and all
Federal, State and Local laws, rules, regulations, permits, approvals and Contract Provisions controlling pollution and protection of the environment, such that the Contractor does not pollute Freshwater and or Coastal Wetlands, (including but not limited to surface water features such as rivers, streams, lakes, ponds, reservoirs, tidal waters, etc.) and all other regulated natural resource areas, (including but not limited to, waters of the state and or federal jurisdiction, wellhead protections areas, groundwater recharge/discharge areas, critical habitats, natural heritage areas, forestland, cultural/historic resources etc.) with sediment, fuels, oils, bitumens, chemicals, solid and or liquid waste or other harmful or hazardous or foreign materials, and the atmosphere with particulate and gaseous matter. The Contractor shall read, become familiar with and aggressively and expeditiously adhere to environmental permits and approvals, c ontract provisions, Standard Specifications controlling pollution and protection of the environment. The contractor shall ensure that all employees, and all employees of each sub-contra ctor, avoid pollution of the environment. The contractor shall be responsible to ensure that all employees, and all employees of each sub-contractor, aggressively and expeditiously comply with any and all Federal, State and Local laws, rules, regulations, permits, approvals and Contract Provisions controlling pollution and protection of the environment. When work areas or pits in or adjacent to any drainage system components, flowing body of water, surface water, tidal water or State or Federally regulated waters, such work areas shall be separated from the main water body by a dike or barrier to keep sediment and or pollutants from exiting the work area.