107.01 64 SECTION 107 – LEGAL RELATIONS AND RESPONSIBILITY
107.01 Laws to be Observed ................................ ................................ ...... 64
107.02 Load Restrictions on Projects Under Construction ........................ 65
107.03 Permits, Licenses, and Taxes ................................ ......................... 66
107.04 Patented Devices, Materials, and Processes ................................ ... 66
107.05 Restoration of Surfaces Opened by Permit ................................ .... 66
107.06 Federal Aid Provisions ................................ ................................ ... 67
107.07 Bridges over Navigable Waters ................................ ...................... 68
107.08 Environmental Protection ................................ ............................... 68
107.09 Sanitary Provisions ................................ ................................ ........ 73
107.10 Safety ................................ ................................ ............................. 73
107.11 Use of Explosives ................................ ................................ ........... 74
107.12 Promptness of Performance ................................ ........................... 74
107.13 Legal Responsibilities of the Contractor ................................ ........ 75
107.14 Contractor’s Responsibility for Work ................................ ............ 76
107.15 Liability Insurance ................................ ................................ ......... 76
107.16 Right -of-Way ................................ ................................ ................. 76
107.17 Pers onal Liability of Public Officials ................................ ............. 77
107.18 Claims Against the Department ................................ ..................... 77
107.19 No Waiver of Legal Rights ................................ ............................ 77
107.20 Certified Payrolls ................................ ................................ ........... 78
107.21 Quarantine Restrictions – Pest Control ................................ .......... 78
107.01 Laws to be Observed
Keep fully informed and comply with all of the following that affect the conduct of the Work or those engaged or employed on the Work: Federal and State laws, local laws and ordinances, regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority related to the Work. Protect and indemnify the State and its representatives against claims or liability arising from or based on the violation of any such law, ordinance, 107.02 65 regulation, order, or decree, whether by the Contractor, its employees, subcontractors and suppliers, or any others engaged by the Contractor. Should the Contractor’s unapproved activities relating to the performance of the Work be in violation of any of the above laws or regulations and cause fines and/or penalties to be assessed against the Department, the Department may deduct all fines and penalties from monies due the Contrac tor.
107.02 Load Restrictions on Projects Under Construction
A.Delivery of Materials The gross weight of trucks delivering material to construction projects shall be governed by State Law as set forth in Tennessee Code and Federal Law. Conspicuously display the tare weight, the allowable gross weight for State Highways, and the allowable gross weight for the Interstate Syst em on the side of all delivery trucks. Use the Bridge Formula to determine allowable Interstate System gross weights as defined in the FHWA’s publication, Bridge Formula Weights . Do not operate equipment of excessive weight or loading that may cause damage to structures, the roadway, or to any other type of construction. Limit the hauling of materials over the base course or surface course under construction as directed by the Engineer. Do not load a concrete pavement, base, or structure before the expiration of the cure period. Assume responsibility for all damage done by equipment used in construction of the Project. Where it is necessary to haul material over a structure without a posted load limit, limit the gross loads to the weights listed below. Do not exceed the loads posted for structures with weight limitations unless adequate shoring is provided and written permission is granted by the Department’s Division of Structures. Maximum axle load ................................ ................... 20,000 pounds Maximum load per a xle on tandem axles .................. 17,000 pounds Maximum total loa d ................................ ................... 80,000 pounds Place approved temporary guides on the bridge floor, as directed by the Engineer, to position the wheel loads directly over the bridge girders as nearly as possible. Keep the bridge floor free of debris to reduce impact forces. Limit the maximum speed to 15 miles per hour. 107.03 66 Once hauling over the bridge is complete, cl ean the bridge floor, curbs, and rail in a manner acceptable to the Engineer.
B.Construction Loads Construction loads include all material, component, equipment, and personnel loads applied to the roadway or structure other than those attributable to permane nt elements of the roadway structure in their final state of construction. Do not place any construction loads that are non - essential to the active construction work on roadways or structures. Limit the hauling of materials over the roadway base course o r surface course under construction as directed by the Engineer. Construction loads are not allowed on concrete pavements, base, or structures before the end of the curing period. For concrete structures without posted load limitations, refer to 604.28 for construction loading limitations and requirements applied to these bridges or structures.
107.03 Permits, Licenses , and Taxes
Obtain all permits and licenses, pay all charges, fees, and taxes, and give all notices and submit all paperwork necessary and incidental to the due and lawful prosecution of the Work, except those permits and licenses that the Department is required to obtain.
107.04 Patented Devices, Materials , and Processes
Provide suitable legal agreement with the patentee or owner for any design, device, material, or process covered by letters of patent or copyright used in the construction of the Work. The Contractor and the Surety shall indemnify and save harmless the State, any political subdivision within the State, or any affected third party from any and all claims for infringement by reason of the use of any such patented design, device, material, process, trademark, or copyright. Indemnify the Stat e for costs, expenses, and damages that it may be obligated to pay by reason of an infringement, during the prosecution or after the completion of the Work.
107.05 Restoration of Surfaces Opened by Permit
The right to construct or reconstruct any utility service in the highway, road, or street that is under construction or reconstruction as part of the Project, or to grant permits for same, is expressly reserved to the Department for the proper authorities of the municipality or other governing units in which utility work is done. During the life of the Contract, allow parties bearing such 107.06 67 permits, and only such parties, to make openings in the pavement. Permits, in general, will require the utility companie s to restore the Work to the condition that existed prior to the utility adjustment. When restoration is not made by the utility and when directed by the Engineer, make all necessary repairs due to such openings in a manner acceptable to the Engineer . The Department will make payment for such restoration at the unit prices for Contract items applicable to the work, or as Extra Work as provided for under
104.02 and in accordance with 109.04. The Department will not pay for any
damages associated with the digging up of the street or right -of-way or for any delay occasioned by the restoration.
107.06 Federal Aid Provisions
1.When the United States Government pays for all or any part of the Project cost, observe the Federal laws and the rules and regulations made pursuant to such laws. Allow for the inspection of the Work by appropriate Federal Agencies. Such inspection will not make the Federal Government a party to this Contract, and will in no way interfere with the rights of either party.
2.Comply with Section 106 of the National Historic Preservation Act for all waste and bo rrow areas outside the Project right -of-way. Furnish the Engineer and the Environmental Division with an Archaeological Clearance certified by the State Historic Preservation Office at least thirty (30) calendar days before starting work on all non -commercial material sources requiring excavation or fill.
3.Regardless of prior certification, if prehistoric remains or human burial sites are encountered at any time during construction, suspend operations and immediately notify the Engineer and the State Historic Preservation Office.
4.Comply with Secti on 7 of the Endangered Species Act for all waste and borrow areas outside the Project right-of-way. Furnish the Engineer and the Environmental Division with Threatened and Endangered Species Clearance from the Tennessee Wildlife Resource Agency and the U. S. Fish and Wildlife Service at least thirty (30) calendar days before starting work on all waste and borrow sites located outside the Project right-of-way. 107.07 68 107.07 Bridges over Navigable Waters Conduct all work in or over na vigable waters to not interfere with the free navigation of the waterways and not impair the existing navigable depths except as allowed by permit issued by the U.S. Army Corps of Engineers or the U.S. Coast Guard. Comply with all provisions and requiremen ts set forth in all applicable permits. Direct all required correspondence with the Coast Guard, or such agency as may have jurisdiction, through the office of the Engineer. Provide all Contractor required permits to the Engineer before beginning work in or over navigable waters. Comply fully and faithfully with the various requirements established by the Corps of Engineers, the Coast Guard, and other agencies that may have jurisdiction over the work in and over navigable waters applicable to the Contract, and which may not be covered by existing permits. Such work may include, but not necessarily be limited to, dredging, location and safeguards for cofferdams and temporary falsework, anchorage of barges and construction equipment, temporary restriction o f channel width, lighting during construction, and removal of all temporary construction.
107.08 Environmental Protection
A.Protection of Streams, Lakes and Reservoirs Exercise every reasonable precaution throughout the life of the Project to prevent silting of rivers, streams, and impoundments (la kes, reservoirs, and similar). Construct drainage facilities as well as other Contract work that will help control siltation in conjunction with earthwork operations or as soon thereafter as is practicable. Before suspending construction operations for an y appreciable length of time, shape the top of earthwork to allow the runoff of water, and construct temporary earth berms along the top edges of embankments to intercept runoff water. Construct temporary erosion and sediment control measures deemed neces sary by the Engineer in the immediate vicinity of rivers, streams, or impoundments. Comply with the provisions and requirements of all the applicable permits. Maintain these temporary measures, which may include berms, dikes, slope drains constructed of concrete, metal, or wood, or stabilized by paving or covering with waterproof materials, or sedimentation basins, until the 107.08 69 permanent drainage facilities and erosion control features are complete and operative. Obtain necessary permits related to operation s not covered by the Plans, including use of waste and borrow sites. Obtain necessary permits for offsite staging areas. Determine if additional permits or modifications to existing permits are required to complete the Work as shown on the Plans. All costs associated with any support activities including obtaining permission from landowners, permits, and compliance are to be included in the bid cost for the project. The Department will acquire the necessary permits related to waters of the United States as defined in 33 CFR Part 323 or waters of the State as defined in TCA §69 -3-103 for construction indicated on the Plans. These per mits will govern the Contractor’ s method of construction. Permit modifications will be allowed only when required to complete the Work shown on the P lans. Permit modification will not be allowed for Contractor convenience. The Department may assist in the acquisition of additional permits or permit modification s when deemed necessary to complete the Work shown on the Plans. Unless otherwise approved in writing by the Engineer, restrict construction operations in rivers, streams , and impoundments to permitted areas necessary to complete the Work as indicated on the Plans and in the field Stormwater Pollution Prevention Plan (SWPPP). Comply with the provisions and requirements of all the applicable permits. Do not perform in -stream work where a channel change is required until after the new channel has been com pleted and the water diverted to the new channel. As soon as practicable, clear rivers, streams, and impoundments of all falsework, temporary piling, debris, or other obstructions placed therein or caused by the construction operations. Provide temporary bridges or other structures in accordance with all permits when crossing live streams with construction equipment. The location , permitting, and use of waste and borrow sites , other than commercially operated sources, shall be subject to the requirements of the Department’s manual Procedures for Providing Offsite Waste and Borrow on TDOT Construction Projects . Exercise every reasonable precaution throughout the life of the Project to prevent the discharge of any substanc e into the waters of the United States and waters of the State or to plac e or cause any substance to be 107.08 70 placed where it , either by itself or in combination with other substances, may cause harm, potential harm, or detriment or damages by alteration of the physical, chemical, biological, bact eriological, or radiological properties of such waters. Prevent changes in temperature, taste, color, turbidity, or odor as will result or likely result in harm, potential harm, or detriment to the public health, safety, or welfare, or the foregoing to the health of animals, birds, fish or aquatic life, or render or will likely render such waters potentially less useful for domestic, municipal, individual, agricultural, recreational, or other reasonable uses, or leave or will leave such waters in such cond ition as to violate any Federal, State, and local standards of water quality. Do not discharge pollutants such as chemicals, fuels, lubricants, bitumens, raw sewag e, and other harmful materials into or alongside of rivers, streams, and impoundments or into natural or manmade channels leading thereto. If a discharge as described above occurs, stop the Work, notify the Engineer, and the Tennessee Department of Environment and Conservation, Division of Water Resources, and take immediate actions to contain a nd remediate the discharge. Perform containment and remediation work at no cost to the Department. Conduct and schedule operations to not interfere with the movement and habitat of species such as mussels, fish, and birds as indicated in plans or permits. Comply with the provisions and requirements of all applicable permits and United States Fish and Wildlife Service Biological Opinion. Exercise every reasonable precaution to prevent fish kills while performing any Work activity in waters of the United St ates and waters of the State. Pay any costs incurred by the Tennessee Wildlife Resources Agency to monitor for fish kills during blasting or demolition of structures. If a discharge or change described above results in a fish kill, pay any fines or costs related to the fish kill. If the Work involves painting or texturing bridges over the waters of the State, before starting such work, submit to the Engineer for approval a proposed remedial plan to contain and remove accidental discharges into the water. On the receipt of this proposed plan, the Department will assign an Inspector to ensure adherence to these Contract requirements. The Inspector will have full authority to suspend any work that is not in compliance with the Contract. Unless otherwise pro vided for in the Contract, the work described herein will be considered incidental to various Contract items. 107.08 71 B. Forest Protection In carrying out work within or adjacent to State or National Forests, or other wooded areas, comply with all regulations of the State Fire Marshal, Division of Fire Prevention , Department of Commerce and Insurance of the State, or other authority having jurisdiction, governing the protection of forests and work within forests, and observe all sani tary laws and regulations when performing work in forest areas. Keep the areas in an orderly condition, dispose of all refuse, obtain permits for the construction and maintenance of all construction camps, stores, warehouses, residences, latrines, cesspoo ls, septic tanks, and other structures in accordance with the requirements of the Forest Supervisor. Take all reasonable precautions to prevent and suppress forest fires and require employees and subcontractors, both independently and at the request of For est officials, to do all that is reasonably within their power to prevent and suppress and to assist in preventing and suppressing forest fires. Make every effort to immediately notify a Forest official of the location and extent of any fire discovered.
C.Hazardous or Toxic Waste When the Contractor’s operations encounter or expose any abnormal condition that may indicate the presence of hazardous or toxic waste, discontinue such operations in the vicinity of the abnormal condition and immediately notify the Engineer in accordance with 104.03. The presence of barrels; discolored earth, metal, wood, and similar ; visible fumes; abnormal odors; excessively hot earth; smoke; or other conditions that appear abnormal may be indicators of hazardous or toxic was tes and shall be treated with extraordinary caution. Do not resume operations until so directed by the Engineer. Dispose of all hazardous or toxic waste encountered during construction in accordance with the requirements and regulations of the applicable Federal, State, and local laws. For necessary work performed to dispose of hazardous or toxic waste, the Department will make payment at the unit prices for Contract items applicable to such work, or as Extra Work under 104.02 and in accordance with 109.04. 107.08 72 D. Air Pollution Responsibilities Comply with all Federal, State, and local air pollution control rules, regulations, ordinances, and statutes that apply to work performed pursuant to the Contract, including, but not limited to, applicable air pollution control rules, regulations, ordinances, and statutes specified in the Tennessee Department of Environment and Conservation’s (TDEC) Air Pollution Control Regulations and mun icipal regulations pertaining to air pollution. Notify the TDEC Division of Air Quality Control a minimum of ten
10.days prior to demolition of any bridge or major structure.
E.Migratory Birds The following procedure will be automatic ally implemented by TDOT, unless FWS approves in writing deviations due to special circumstances, or for a specific variance. Cliff swallow and barn swallow nests, eggs, or birds (young and adults) will not be disturbed between April 15 and July 31. From August 1 to April 14, nests can be removed or destroyed, and measures implemented to prevent future nest building at the site (i.e., closing off area using netting). Exceptions:
1.If there are no eggs in the nests prior to April 15, TDOT will be allowed to destroy the nests and prevent further nest building at the site, by installing netting. Net openings shall be ½ inch or smaller after installation, and shall be installed securely and in such a manner that it will not pose a safety hazard. Absence of eggs prior to net installation must be documented by using appropriate means for determination, such as, but not limited to, site visits and photographs.
2.If there are no birds (young or adult) left in any of the nests at a specific site prior to July 3 1, the nests can be removed or destroyed. Absence of birds must be documented by using appropriate means for determination, such as, but not limited to, site visits, photographs, and observations of no birds using the nests. 107.09 73 Osprey, Double Crested Cormora nts, Great Horned Owls, Barn Owls, Black Vulture, and Eastern Phoebes: if these avian species are encountered on a bridge project, TDOT Ecology should be contacted immediately for further assistance. The Contractor will be assessed the amount of any and all fines and penalties assessed against and cost incurred by TDOT which are the result of the Contractor’s failure to comply with this specification. TDOT will not be responsible for any delays or costs due to the Contractor’s failure to comply. Additional compensation or contract time due to noncompliance will not be granted. All costs incurred with this specification will not be measured or paid for separately, but will be considered included in the contract unit prices bid for other items of the cont ract.
107.09 Sanitary Provisions
Provide and maintain in a neat, sanitary condition accommodations for employees as may be necessary to comply with the requirements of the State and local Boards of Health, or of other bodies or tribunals having jurisdiction.
107.10 Safety
A.Public Convenience and Safety Conduct the Work at all times to ensure the least possible obstruction to traffic. Provide for the safety and convenience of the general public and the residents along the highway, and for the protection of persons and property as specified in 104.04, 104.05, 104.06, and 104.08.
B.Employee Safety and Health Program The Contractor is responsible for wo rk site safety and conducting all operations to protect the workers engaged in duties connected with the Work. Provide an Employee Safety and Health Program (ESHP) at the preconstruction conference that meets or exceeds all Federal, State, and local safet y and health standards and is certified by the safety professional responsible for developing the ESHP. Certification of the ESHP is required before any work can begin. Maintain an original copy of the ESHP and provide to the Department upon request. 107.11 74 The Contractor is responsible for implementing, monitoring, updating, and revising the ESHP. Describe in detail how the ESHP is implemented and monitored. Provide guidelines for protecting personnel from hazards associated with project operations and activ ities. Establish the policies and procedures for safety practices that are necessary for the Work to be in compliance with the requirements of TOSHA, the MUTCD, and other State and Federal regulatory agencies with jurisdiction, rules, regulations, standar ds, or guidelines in effect at the time the Work is in progress. If an incident occurs that requires hospitalization or TOSHA Citation to be submitted, send notification of the incident to the Engineer and forward to the Regional Safety Coordinator. All workers within the right -of-way shall wear head protection meeting current ANSI requirements. Also, all workers within the right -of-way shall wear high -visibility safety apparel. High -visibility apparel shall be considered personal protective clothing tha t meets performance Class 2 or Class 3 of the ANSI/ISEA 107 -2004 publication. Class 3 apparel shall be required for night work.
107.11 Use of Explosives
When using explosives, exercise the utmost care not to endanger life or property, and comply with applicable Federal, State, and local laws regarding the use of explosives, including new work. Assume responsibility for all damage resulting from the use of explosives. As required by State law, notify each property owner and public utili ty company having structures or facilities in proximity to the Work before using explosives. Provide such notice sufficiently in advance to allow owners to protect their property from damage.
107.12 Promptness of Performance
These Specifications, and orders issued by the Engineer, describe actions, which in many cases, if not performed promptly by the Contractor, may result in danger to life or property, loss to the Department, or delay to the Work. If the Contractor fai ls to act with appropriate or required promptness, the Engineer may, with written notice, have the necessary act performed by others. In such case, the Department will deduct the costs involved from monies due or to become due the Contractor or may proceed in accordanc e with 108.10. 107.13 75 107.13 Legal Responsibilities of the Contractor In addition to the specific legal responsibilities set forth in 107.01 through 107.11, the Contractor is charged with other broad legal responsibilities under these Specifications. These responsibilities include but are not limited to various areas as follows:
1.To perform the Work in accordance with all Contract terms.
2.To maintain traffic in accordance with 104.04, including the use of all proper and necessary protective devices and procedures.
3.To conduct all operations to protect the members of the general public, residents near the Project, workmen engaged in or on the Work, and representatives of the State, the Federal Government and railroads, while they are engaged in duties connected with the Work. This responsibility also extends to the protection of public and private propert y under all circumstances.
4.To hold harmless and defend against all claims of any nature arising out of or resulting from the performance of the Work, the State, any political subdivision thereof, and all employees of the State, and the Federal Governmen t, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, or anyone directly employed by them for whose acts they may be liable . This responsibility generally extends to innocent third parties.
5.To pay just claims for materials, supplies, equipment, tools, labor, injury or damage to persons or property, and all other items, against the Contractor or any subcontractor or supplier in connection with the Work. Be fully familiar with these responsibilities and with the many others that are stated in the Contract; and make cert ain that all things required to be performed are performed to fulfill the responsibilities involved and that all appropriate and required precautions are taken at all times. 107.14 76 107.14 Contractor’s Responsibility for Work Until final written acceptance of the Project by the Engineer, maintain charge and care of the Work, and take every precaution against injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from t he execution or the non -execution of the Work. Rebuild, repair, restore, and make good all injuries or damages to the Work occasioned by any of the above causes before final acceptance, and bear the expense thereof, except for damage to the Work due to un foreseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not limited to, acts of nature, the public enemy, or governmental authorities. For damage to acceptably installed items of Work caused by the trav eling public on sections of the Project open to traffic, the Contractor shall repair the Work at the applicable Contract unit price. An acceptably installed item shall be complete in place meeting the required specifications. For this purpose, limit the acceptably installed items of Work to the following items used for safety and traffic control: traffic signal systems, signs, lighting, guardrail, impact attenuators, median barriers, parapet rails, and permanent pavement markings. If the damage to the a bove items necessitates only minor repairs, perform the work in accordance with 109.04.C or as directed by the Engineer.
107.15 Liability Insurance
In addition to any other forms of bonds or guaranties or insurance required under the Contract, when any part of the Work is to be constructed on railroad-owned property, procure and maintain liability insurance coverage of the kinds and amounts, and in th e manner stipulated in the Special Provisions of the Contract. If a Special Provision is not stipulated in the Contract, coordinate with the railroad to determine the disposition of railroad protective insurance and any associated flagging. The costs inv olved in furnishing the insurance specified will not be paid for directly but will be incidental to other items of Work.
107.16 Right-of-Way
The Department will secure all necessary right-of-way in advance of construction unless specified in the Contract with an availability date. The Contractor shall waive any and all claims for interference, delay, or da mage if it accepts a limited work order or unconditional work order to proceed with 107.17 77 the construction knowing that the rights-of-way have been only partially secured or that the right-of-way are still encumbered.
107.17 Personal Liability of Public Officials
In carrying out any of the provisions of these Specifications, or in exercising any power of authority granted to them by or within the scope of the Contract, the Commissioner, Engineer, or their authorized representatives have no liability either personally or as officials of the State. It is understood that in all such matters they act s olely as agents and representatives of the State.
107.18 Claims Against the Department
No claims against the Department will be considered except those filed in accordance with 105.16.
107.19 No Waiver of Legal Rights
The Department will not be precluded or estopped from correcting any measurement, estimate, or certificate made either before or after the completion of the Work or by final acceptance of the Work in accordance with 105.15, nor from showing that the Work or materials do not in fact conform to the Contract. The Department may recover from the Contractor or its Sureties, or both, such overpayment or damages as it may sustain or damages due to the Contractor’s failure to comp ly with the terms of the Contract. The Department will retain and apply monies owed to the Contractor under any contract or claim , and will recover by process of law such sums in order to correct any error or make good any defects in the Work or materials . The following Department actions do not operate as a waiver of the Department’s rights or powers under the Contract or rights to damages or other relief:
1.Acceptance by the Department, or any representative of the Department ;
2.Payment for or acceptan ce of the whole or any part of the Work ;
3.Extension of Contract time ; or
4.Possession of the Work taken by the Department . A waiver by the Department of any breach of the Contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the Contract, shall be liable to the Department for 107.20 78 latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Department’s rights under a warranty or guarantee.
107.20 Certified P ayrolls
As specified by Minimum Wage Scales for Federal -Aid and State Funded Construction contract provisions, submit certified payrolls for Contractor and subcontractor workforce to the Engineer weekly for each week in which any work is pe rformed. Once construction begins, if in any week the Contractor or subcontractor does not perform work, submit the following statement to the Engineer: “No work performed by (c ontractor name) for the week ending _______________.”
107.21 Quarantine Res trictions – Pest Control
Agricultural pests such as Soybean Cyst Nematode, Fire Ant, and Japanese Beetle have infested certain areas in several southeastern states including Tennessee. The Plant Pest Control Division of the U.S. Depart ment of Agriculture and the Tennessee Department of Agriculture restrict the movement of certain items from infested areas to prevent the spread of these pests to non -infested areas. For all hay, straw, or other baled plant material coming from Imported Fi re Ant (IFA) Quarantine areas in Tennessee or from states other than Tennessee, provide a permit from that state’s Department of Agriculture or other appropriate regulatory agencies. The permit shall state that material has been inspected and found to be free of IFA. Soil and construction equipment operating in regulated areas are subject to plant quarantine regulations. In general, these regulations provide for the cleaning of equipment before it is moved from regulated areas. Complete information may b e secured from State or Federal plant pest control inspectors. It will be the responsibility of the Contractor to comply with all rules and regulations established by the Tennessee Department of Agriculture. Contractors working in quarantine areas should contact the above agency at an early date in order not to delay the inspection and movement of equipment from an infested area. 108.01 79 SECTION 108 – PROSECUTION AND PROGRESS
108.01 Subletting of Contract ................................ ................................ .... 79
108.02 Beginning of Construction ................................ ............................. 81
108.03 Prosecution of Construction ................................ ........................... 81
108.04 Character of Workers; Methods and Equipment ............................ 89
108.05 Temporary Suspension of Construction ................................ ......... 90
108.06 Determination of Time for Completion ................................ ......... 91
108.07 Determination of Contract Time Extensions and Excusable
Delays ................................ ................................ ............................ 91
108.08 Final Acceptance ................................ ................................ ............ 94
108.09 Failure to Complete the Work on Time ................................ ......... 94
108.10 Termination of the Contract ................................ ........................... 95
108.01 Subletting of Contract
Do not sublet, allow second tier sublet, sell, transfer, assign, or otherwise dispose of the Contract or any portion t hereof or a right, title, or interest in the Contract without the Engineer’s written consent. If the Engineer consents to subletting or second tier subletting a portion of the Contract, the Contractor shall self-perform work amounting to not less than 30% of the total original Contract cost. For items designated in the Contract as “specialty items,” the Contractor may sublet or second tier sublet this work and deduct the cost of such specialty items from the total original cost before computing the amount of the Work required to be self -performed by the Contractor with its own organization. As stated above, unless there is a Special Provision 108A in the proposal, the following items are designated as Specialty Items: Item 105-01 – Construction Stakes, Lin es and Grades Item 202-01.02 – Removal of Asbestos Item 209 – EPSC Item 411-12.** Shoulder Scoring Item 501-03.12 – Concrete Shoulder Rumble Strip Item 602-03 – Steel Structures Item 602-04 – Steel Structures Item 602-10.13 / .14 – Navigational Lighting Item 602-10.81 – Heat Straightening
Source: Tennessee Standard Specifications for Road and Bridge Construction, 2021 Edition. Pages 73–87 of 1,072.