70106.10 replaced, and deduct the cost of such removal and replacement from monies due or to become due the Contractor.
106.11 Material Furnished by the Department
The Contractor shall furnish all materials required to complete the Work except those specified to be furnished by the Department. Material furnished by the Department will be delivered or made available to the Contractor at the locations specified in the Contract. The cost of handling and placing materials after delivery to the Contractor shall be included in the Contract price for the Contract item with which they are used. After receipt of the materials, the Contractor shall be responsible for material delivered to him, including shortages, deficiencies, and damages that occur after delivery, and any demurrage charges.
106.12 Critical Materials
Raw or manufactured materials or supplies that are necessary for the fabrication, construction, instal - lation, or completion of any item of work that is or becomes in extremely short supply regionally or nationally as substantiated by recognized public reports such as news media, trade association journals, or government reports, due to catastrophic events of nature, needs of national defense, or industrial conditions beyond the control of the Department or Contractor, will be declared critical materials by the Department. When the supply of materials becomes critical, the provisions of this Section will become applicable to the Contract. When all items of work involving noncritical materials have been completed by the Contractor or have progressed to a point where no further work is practicable prior to receipt of critical materials, a complete suspension of work will be granted by the Department. Requests for partial suspension orders because of delays attributable to non-receipt of critical materials will be considered on the basis of merit in each case. The Department reserves the right to substitute critical materials or methods by means of a change order. Contractors, via their manufacturers or suppliers, that request relief due to critical shortage of materials as specified in this Section shall immediately supply information and other supporting data to permit the Department an opportunity to assess possible alternatives or methods to avoid undue delay or expenditure. SECTION 107— LEGAL RESPONSIBILITIES
107.01 Laws to Be Observed
The Contractor shall keep fully informed of federal, state, and local laws, bylaws, ordinances, orders, decrees, and regulations of governing bodies, courts, and agencies having any jurisdiction or authority that affects those engaged or employed on the Work, the conduct of the Work, or the execution of any documents in connection with the Work. The Contractor shall observe and comply with such laws, 71107.02 ordinances, regulations, orders, or decrees and shall defend, indemnify, and hold harmless the Com - monwealth and its agents, officers, or employees from and against any claim for liability, fine, penalty, or cost, including attorney’ s fees, arising from or based on their violation, whether by himself, his agents, employees, or subcontractors. The Contractor shall execute and file the documents, statements, certi - fications, and affidavits required under any applicable federal or state law or regulation required by or affecting his bid, or the Contract, or prosecution of the Work thereunder. The Contractor shall permit examination of any records made subject to such examination by any federal or state law or by regulations promulgated thereunder by any state or federal agency charged with enforcement of such law. Where the Specifications require the Contractor to interact with government agencies other than the Department, that agency’ s contact information can be found at http://www.virginiadot.org/business/ const/specgovag.asp
107.02 Permits, Certificates, and Licenses
a.General The Contractor shall conform to the permit conditions as shown in the Contract. Construction methods shall conform to the stipulations of the permit or certification conditions, or both. The Contractor shall assume all obligations and costs incurred as a result of complying with the terms and conditions of the permits and certificates. If any of the permits listed below are applicable to the project, the Contract will indicate such and the applicable permit stipulations or conditions will be considered a part of the Contract.
1.Department of the Army, Corps of Engineers Nationwide Permits: A nationwide permit is issued to the Department by the U.S. Army Corps of Engineers to place fill or dredge mate - rial in waters of the United States including wetlands.
2.The State Program General Permit for Linear Transportation Projects (SPGP- 01 2A & B): The SPGP-01 2A & B is a permit issued to the Department by the U.S. Army 75 Corps of Engineers to proceed with linear transportation projects involving work, structures and filling both temporary and permanent, in waters of the United States including wetlands.
3.Letter of Permission (LOP-1): The LOP-1 is a regional permit issued to the Department by the U.S. Army Corps of Engineers to proceed with roadway projects involving work, structures and filling, both temporary and permanent, in waters of the United States including wetlands.
4.Virginia Marine Resources Commission – Virginia General Permit (VGP-1): A VGP-1 permit is issued to the Department by the Virginia Marine Resources Commission and is required on projects that cross in, on, or over state-owned land which is submerged below low water (channelward of the mean low water line), in tidal areas, including tidal wetlands, or below ordinary high water anywhere in the Commonwealth of Virginia.
5.Virginia Water Protection Permit (VWPP): The VWPP is issued to the Department by the Virginia Department of Environmental Quality, Water Division and is required for activities that result in a discharge to surface waters and wetlands. The VWPP is issued as an individual or general permit. 72107.02
6.Virginia Department of Environmental Quality – VPDES General Permit For Discharge of Stormwater From Construction Activities (VPDES Construction Permit): All construction activities undertaken by or for VDOT involving land disturbances equal to or exceeding one acre must be covered by the VPDES Construction Permit. According to IIM-LD-242 and Section 107.16, VDOT is responsible for securing VPDES Construction Permit coverage for all applicable land disturbing activities performed on VDOT rights of way or easements, including off-site support facilities that are located on VDOT rights of way or easements that directly relate to the construction site activity. The Contractor shall be responsi - ble for securing VPDES Construction Permit coverage for support facilities that are not located on VDOT rights of way or easements. The Contractor shall be responsible for all costs to obtain VPDES Construction Permit cover - age for all support facilities (both on-site and off-site) not included in the construction plans or Contract for the project. The Department will not be responsible for any inconvenience, delay, or loss experienced by the Contractor as a result of his failure to gain access to any support facility areas at the time contemplated.
7.Coastal Zone Management (CZM) Consistency Concurrence: This clearance is issued to the Department by the Virginia Department of Environmental Quality for projects in navigable waters requiring a U.S. Coast Guard bridge permit.
8.Tennessee Valley Authority (TV A) Permit: The TV A Section 26a permit is issued to the Department by the Tennessee Valley Authority and is required for construction activities in or along the Tennessee River or its tributaries.
9.U.S. C o a s t G u a r d B r i d g e P e r m i t : This permit is required for bridge projects over navigable waters. The Department is responsible for acquiring these permits.
10.Other Permits, Certificates and Licenses: Except as otherwise specified herein, the Contractor shall procure all necessary permits, certificates or licenses that have not been obtained by the Department. The Contractor shall pay all charges, fees, and taxes and shall comply with all conditions of the permits, certificates or licenses.
b.The Contractor shall not stockpile materials (including fill, construction debris, and excavated and woody materials) within the waterway or wetlands. The Contractor shall construct cofferdams, stream channel retaining structures, and all necessary dikes using non-erodible materials or, if specified in the permit(s), faced with coarse non-erodible materials. If faced with non-erodible material, filter cloth shall be placed between the granular fill and riprap in accordance with Sections 204, 245, 303.03, and 414. Temporary structures shall be removed from the waterway with minimal disturbance of the streambed. Discharge of dredge or fill material shall be placed in accordance with the best management practice, project permits, and all applicable laws and regulations. Dredged or fill material shall be removed to an approved, contained, upland location in accordance with Section 106.04. The disposal area will be of sufficient size and capacity to properly contain the dredge material, to allow for adequate dewatering and settling of sediment, and to prevent overtopping. The disposal area shall be stabilized prior to placement of dredge material.
c.The Contractor’ s activities shall not substantially disrupt the movement of those species of aquatic life indigenous to the water body including those species that normally migrate through the area. The Contractor, to the maximum extent practicable, shall not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water. The Contractor shall avoid and minimize all temporary disturbances to surface waters during construction. The Contractor shall remove any tempo - 73107.02 rary fill in its entirety and return the affected areas to their preexisting elevation conditions within 30 days of completing work, which shall include re-establishing pre-construction contours and planting or seed - ing with appropriate wetland vegetation according to cover type (emergent, scrub/shrub, or forested). The Contractor shall perform all work activities during low-flow conditions and shall isolate the construc - tion area via the implementation of non-erodible cofferdams, sheet piling, stream diversions, or similar structures.
d.The Contractor shall accomplish all construction, construction access (e.g., cofferdams, sheet piling, and causeways) and demolition activities associated with this project in a manner that minimizes construction or waste materials from entering surface waters. Access roads and associated bridges or culverts shall be constructed to minimize the adverse effects on surface waters. Access roads con - structed above preconstruction contours and elevations in surface waters must be bridged or culverted to maintain surface flows. All utility line work in surface waters shall be performed in a manner that minimizes disturbance, and the area shall be returned to its original contours and restored within 30 days of completing work in the area.
e.The Contractor shall 1) stockpile excavated material in a manner that prevents reentry into the stream,
2.restore original streambed and streambank contours, 3) revegetate barren areas, and 4) implement strict erosion and sediment control measures throughout the project period.
f.The Contractor shall provide fill material that is clean and free of contaminants in toxic concentrations or amounts in accordance with all applicable laws and regulations. The Contractor shall comply with all applicable FEMA-approved state or local floodplain management requirements.
g.The Contractor shall adhere to any time-of-year restriction conditions as required by state and federal permitting agencies. No in-stream work shall be permitted during in-stream time-of-year restriction.
h.The Contractor shall prohibit wet or uncured concrete from entry into surface waters. The Contractor shall not dispose of excess or waste concrete in surface waters and prevent wash water from discharg - ing into surface waters. The Contractor shall employ measures to prevent spills of fuels or lubricants into state waters. All pollution prevention measures and practices proposed by the Contractor shall be identified in the Contractor’ s Pollution Prevention Plan as required by the Specifications, other Con - tract documents and/or the VPDES General Permit for Discharge of Stormwater from Construction Activities.
i.The Contractor shall not violate the water quality standards as a result of the construction activities. The Contractor shall not alter the physical, chemical, or biological properties of surface waters and wetlands or make them detrimental to the public health, to animal or aquatic life, to the uses of such waters for domestic or industrial consumption, for recreation, or for other uses.
j.The Contractor shall not proceed with work covered by a permit until the work is released in writing by the Engineer.
k.If the Department has not released work covered by a U.S. Army Corps of Engineers permit and the Contractor has completed all other work within the limits of the project, the Contractor shall so ad - vise the Engineer in writing. Upon receipt of the notification, the Engineer will evaluate the status of the project and advise the Contractor within 45 days of the portion of the project that is acceptable under Section 108.09. If the Engineer determines that all of the work except that encumbered by the permit application is acceptable under Section 108.09, the Contractor will be notified accordingly. The Department or the Contractor may then elect to continue or terminate the remaining portion of the Contract. 74107.02
l.The party electing to terminate the Contract shall so advise the other party in writing after the 45-day period. The terms of Contract termination will be in accordance with Section 108.08. No compensa - tion will be made for delays encountered or for work not performed except for an extension of time as determined in accordance with Section 108.04.
m.The Contractor shall submit a request to the Engineer in writing if he wants to deviate from the plans or change his proposed method(s) regarding any proposed work located in waterways or wetlands. Such work may require additional environmental permits. If the Engineer determines that the activities are necessary for completion of the work, the Contractor shall furnish the Engineer all necessary infor - mation pertaining to the activity. The Contractor shall be responsible for designing and supplying all plans, sketches and notes necessary to acquire any permit modification required for changes in the proposed construction methods. Such information shall be furnished at least 180 days prior to the date the proposed changed activity is to begin. For other than the VPDES General Permit for Discharge of Stormwater from Construction Activities, the District Environmental Manager will apply for the necessary permits modifications to the permits obtained by the Department. The Contractor shall not begin the activity until directed to do so by the Engineer. Additional compensation will not be made for delay to the work or change in the Contractor’ s proposed methods that result from jurisdiction agency review or disapproval of the Contractor’ s proposed methods.
n.If additional permits are required to perform dredging for flotation of construction equipment or for other permanent or temporary work as indicated in the Contractor’ s accepted plan of operation, but have not been obtained by the Department, the Contractor shall furnish the Engineer, at least 75 days prior to the proposed activity, all necessary information pertaining to the proposed activity in order for the Department to apply for the permits. The Contractor shall not begin the proposed activity until the additional permits have been secured and the Engineer has advised the Contractor that the proposed activity may proceed.
o.The Contractor shall permit representatives of state and federal environmental regulatory agencies to make inspections at any time in order to insure that the activity being performed under authority of the permit(s) is in accordance with the terms and conditions prescribed herein.
107.03 Federal-Aid Provisions
When the U.S. government pays all or any portion of the cost of a project, the Contractor shall comply with the federal laws and rules and regulations made pursuant to such laws applicable to the project. The Work shall be subject to inspection by the appropriate federal agency. Such inspection shall in no sense make the federal government a party of the Contract and will in no way interfere with the rights of either party to the Contract. For Federally-aided projects, the provisions contained in Form FHWA- 1273 and other federal provisions incorporated into the Contract must be made a part of, and physically incorporated into all subcontracts so as to be binding in those agreements.
107.04 Furnishing Right of Way
The Department will secure necessary rights of way and easements in advance of construction. The Department will not be responsible for any delay in the acquisition of a right of way other than consider - ation of an extension of time. The Department will provide notification of known delays in the proposal for work to assist bidders in planning the work and composing their bids. Easements for temporary uses and detours requested by the Contractor and approved by the Department in lieu of a detour within the right of way or easement area shall be acquired by the Contractor without the Department being a party to the agreement. 75107.08
107.05 Patented Devices, Materials, and Processes
If the Contractor employs any design, device, material, or process covered by a patent or copyright outside the Contract requirements he shall provide for its use by obtaining a legal agreement with the patentee or owner. The Contractor and the surety shall defend, indemnify, and save harmless the Commonwealth, any affected third party, or political subdivision from and against any and all claims, lawsuits, or legal actions for infringement because of such use. The Contractor shall indemnify the Commonwealth for costs, expenses, or damages, including attorneys’ fees, resulting from infringement during prosecution or after completion of the Work.
107.06 Personal Liability of Public Officials
In carrying out any of the provisions of these Specifications or in exercising any power or authority granted to them by or within the scope of the Contract, there shall be no liability upon the Board, Commissioner, Engineer, or their authorized representatives, either personally or as officials of the Commonwealth. In all such matters, they act solely as agents and representatives of the Commonwealth.
107.07 No Waiver of Legal Rights
The Department shall not be precluded or estopped by any measurement, estimate, approval, acceptance, or certificate made either before or after final acceptance of the Work, or payment therefor, from showing
1.the true amount and character of the work performed and materials furnished by the Contractor, (2) that any such measurement, estimate, acceptance, certificate or payment is untrue or incorrectly made, or (3) that the work or materials do not comply with the Contract requirements. The Department shall not be precluded or estopped, notwithstanding any such measurement, estimate, approval, acceptance, certificate, or payment in accordance therewith, from recovering from the Contractor or his surety, or both, such cost or damage as the Department may sustain by reason of the Contractor’ s failure to comply with the Contract requirements. The Department’ s acceptance of the whole or any part of the Work, or the Department’ s payment for the whole or any part of the Work, or the Department’ s granting of any extension of time, or the Department’ s taking any possession of any part of the Work, shall not operate as a waiver of any portion of the Contract or of any right or power herein reserved, or of any right to costs or damages. The Department’ s express written waiver of any breach of the Contract shall not be held to be a waiver of any other or subsequent breach.
107.08 Protecting and Restoring Property and Landscape
Work unless their removal or destruction is specified in the Contract. The Contractor shall use suitable precautions to prevent damage to such property. When the Contractor finds it necessary to enter on private property, beyond the limits of the construction easement shown on the plans, he shall secure from the owner or lessee a written permit for such entry prior to moving thereon. An executed copy of this permit shall be furnished to the Engineer. The Contractor shall be responsible for any damage or injury to property during the prosecution of the work resulting from any act, omission, neglect, or misconduct in the Contractor’ s method of executing the work or attributable to defective work or materials. This responsibility shall not be released until final acceptance of the project and a written release from the owner or lessee of the property is obtained. 76107.08 When direct or indirect damage is done to property by or on account of any act, omission, neglect, or misconduct in the Contractor’ s method of executing the Work or in consequence of the non-execution thereof on the part of the Contractor, the Contractor shall restore such property to a condition similar or equal to that existing before such damage was done by repairing, rebuilding, or restoring, as may be directed by the Engineer, or shall make a settlement with the property owner for such property damage. The Contractor shall secure from the owner a written release from any claim against the Department without additional compensation therefor. A copy of this release shall be furnished the Engineer.
107.09 Contractor’s Responsibility for Utility Property and Services
At points where the Contractor’ s operations are on or adjacent to the properties of any utility, including railroads, and damage to which might result in expense, loss, or inconvenience, work shall not commence until arrangements necessary for the protection thereof have been completed. The Contractor shall cooperate with owners of utilities so that removal and adjustment operations may progress in a timely, responsible, and reasonable manner, duplication of adjustment work may be reduced to a minimum, and services rendered by those parties will not be unnecessarily interrupted. If any utility service is interrupted as a result of accidental breakage or of being exposed or unsupported, the Contractor shall promptly notify the proper authority and shall cooperate fully with the authority in the restoration of service. If utility service is interrupted, repair work shall be continuous until service is restored. No work shall be undertaken around fire hydrants until provisions for continued service have been approved by the local fire authority. When the Contractor’ s work operations require the disconnection of “in service” fire hydrants, the Contractor shall notify the locality’ s fire department or communication center at least 24 hours prior to disconnection. In addition, the Contractor shall notify the locality’ s fire department or communications center no later than 24 hours after reconnection of such hydrants. The Con - tractor shall be responsible for any damage to utilities that, in the investigation and determination of the Engineer, is found to be attributable to the Contractor’ s neglect, means or methods of performing the work. Nothing in this Section shall be construed to be in conflict with Section 107.08. The Contractor shall comply with all requirements of the Virginia Underground Utility Damage Prevention Act (the Miss Utility law). The Contractor shall not make or begin any excavation or demo - lition without first notifying the Miss Utility notification center for the area where the project is located. The Contractor shall wait to begin its excavation or demolition until 7:00 a.m. on the third working day following the Contractor’ s notice to the notification center, unless the underground utilities cannot be marked within that time due to extraordinary circumstances. The Contractor may commence excavation or demolition work only if confirmed through the Ticket Information Exchange (TIE) System, or the Contractor is notified directly, that all applicable utilities have either marked their underground line locations or reported that no lines are present in the work vicinity.
107.10 Restoration of Work Performed by Others
The Department may construct or reconstruct any utility service within the construction limits or grant a permit for the same at any time. The Contractor shall not be entitled to any damages occasioned thereby other than a consideration of an extension of time, unless the Contractor’ s Work is damaged, altered or impeded by the condition. When authorized by the Engineer, the Contractor shall allow any person, firm, or corporation to make an opening in the highway within the limits of the project upon presentation of a duly executed permit from 77107.12 the Department or any municipality for sections within its corporate limits. When directed by the Engi - neer, the Contractor shall satisfactorily repair portions of the work disturbed by the openings. The work for such repairs as authorized and directed by the Engineer will be paid for in accordance with Section
109.05 and shall be subject to the same conditions as the original work performed.
107.11 Use of Explosives
Explosives shall be stored and used in a safe and secure manner in compliance with federal, state, and local laws and ordinances. Prior to prosecuting the Work, the Contractor shall conduct an on-site review of the work involved and develop a plan of operations for performing excavation work. Where feasible, the Contractor shall explore other means of loosening and or reducing the size of the excavation without blasting. When blasting becomes necessary, the Contractor’ s plan of operations shall include a blasting plan detailing the blasting techniques to be used during excavation operations requiring the use of explo - sives. Both plans shall be submitted to the Engineer for review prior to commencing blasting operations. The Contractor shall be responsible for damage resulting from the use of explosives. The Contractor shall notify each property and utility owner having a building, structure, or other installation above or below ground in proximity to the site of the Work of his intention to use explosives. Notice shall be given sufficiently in advance of the start of blasting operations to enable the owners to take steps to protect their property. The review of the Contractor’ s plan of operations, blasting plan, and the notifica - tion of property owners shall in no way relieve the Contractor of his responsibility for damage resulting from his blasting operations.
107.12 Responsibility for Damage Claims
a.The Contractor shall defend, indemnify, and save harmless the Commonwealth, the Board, and their respective officers, agents, and employees, and the city, town, county, or other municipality in which the Work is performed and their respective officers, agents, and employees, from and against any suits, actions, or claims for costs, expenses or damages, including attorneys’ fees, brought for or on account of any injuries or damages received or sustained by any persons or property resulting from or arising out of the following:
1.the Work performed by the Contractor;
2.by or in consequence of any neglect in safeguarding the Work by the Contractor;
3.through the use of unacceptable materials in the construction or the improvement; or
4.resulting from any act, omission, neglect, or misconduct of the Contractor. The Commissioner may retain as much of the monies due or to become due the Contractor under and by virtue of his Contract as the Commonwealth considers necessary to ensure that a fund will be available to pay a settlement or judgment of such suits, actions, or claims. If no monies are due, the Contractor’ s surety and insurers will be held accountable until all such suits, claims and actions have been settled and suitable evidence to that effect has been furnished the Board. Any extension of time granted the Contractor, in which to complete the Contract shall not relieve him or his surety of this responsibility.
b.It is not intended by any of the provisions of any part of the Contract to establish the public or any member thereof as a third party beneficiary of the Contract, or to authorize anyone not a party to 78107.12 the Contract to enter into a suit for personal injuries or property damage pursuant to the terms or provisions of the Contract.
c.The Contractor shall comply with all requirements, conditions, and terms of the Contract, including but not limited to, environmental permits, commitments identified in the Contract, and applicable environmental laws and regulations. The Contractor shall not cause damage, except as allowed under the terms of the Contract, or as allowed under applicable permits or laws, to the air, water, soil, or other natural resources, or cause damage to adjacent or off-site property. When any act, omission, or work performed or neglected by other action of the Contractor occurs, that violates the requirements, conditions, or terms of the Contract, and affects the health, safety, or welfare of the public or natural resources, the Engineer will direct the Contractor to take prompt action to repair, replace, or restore the damage or injury within a time frame established by the Engineer, and to comply with Section 107.01. If the Contractor fails to make such repair, replacement, or restoration within the established time frame, the Engineer will have the damage or injury repaired, replaced, or restored and will deduct the cost of such repair, replacement, or restoration from monies due or to become due the Contractor.
d.If the Department determines by its own investigation that injury or damage has occurred as a result of an act, omission, or work performed or neglected by the Contractor, the Department may suspend the Contractor from future bidding for a period of time commensurate with the severity of the injury or damage as determined by the Engineer. Injury is defined as harm or impairment to persons, property or natural resources. Damage is defined as the loss or harm resulting from an injury. In addition, the Department may recover either (i) the loss or damage that the Department suffers as a result of such act, omission or other action or (ii) any liquidated damages established in such Contract; plus (iii) reasonable attorney’ s fees, expert witness fees, staff salaries, incidental and equipment charges associated with any investigation. Upon the Department’ s determination that injury or damage has occurred as a result of an act, omission, or work performed or neglected by the Contractor, the Contractor shall be responsible for and shall reimburse the Department for all expenses associated with the injury or damage. Expenses include, but are not limited to: costs for investigating the injury or damage, financial penalties incurred by the Department as a result of the injury or damage, salary and expenses incurred by employees or consultants of the Commonwealth, road user expenses as determined by the Department due to damage or loss of use of the project area, attorneys’ fees, and expert witness fees. The Department may deduct the reimbursement of expenses from any payments due or to become due the Contractor. Upon determination by the Department of willful, flagrant, or repetitious acts, omissions, or work performed or neglected by the Contractor related to injury or damage as provided in this Section, the Contractor shall in addition to reimbursing the Department for all expenses as provided herein, be subject to other appropriate sanctions, as permitted by law, policy, and Specifications, including but not limited to, suspension of work, termination for default, and removal from the bidders’ list. If the Contractor disputes the Department’ s determination in any respect, the Contractor, may submit a claim in accordance with Section 105.19.
107.13 Labor and Wages
The Contractor shall comply with the provisions and requirements of the workers’ compensation law and public statutes that regulate hours of employment on public work. 79107.14
a.Predetermined Minimum Wages: The provisions of laws requiring the payment of a minimum wage of a predetermined minimum wage scale for the various classes of laborers and mechanics, when such a scale is incorporated in the Contract, shall be expressly made a part of any Contract hereunder. The Contractor and his agents shall promptly comply with all such applicable provisions. Any classification not listed and subsequently required shall be classified or reclassified in accor - dance with the wage determination. If other classifications are used, omission of classifications shall not be cause for additional compensation. The Contractor shall be responsible for determining local practices with regard to the application of the various labor classifications.
b.Job Service Offices: In advance of the Contract starting date, the Contactor may contact the Job Service Office of the Virginia Employment Commission at the nearest location to secure referral of available qualified workers in all occupational categories. The closest office may be obtained by accessing the VEC website at http://www.vec.virginia.gov and “clicking” on “VEC Local Offices” to access “ VEC Workforce Centers ”.
107.14 Equal Employment Opportunity
a.The Contractor shall comply with the applicable provisions of presidential executive orders and the rules, regulations, and orders of the President’ s Committee on Equal Employment Opportunity.
b.The Contractor shall maintain the following records and reports as required by the Contract EEO provisions:
1.Record of all applicants for employment
2.New hires by race, work classification, hourly rate, and date employed
3.Minority and non-minority employees employed in each work classification
4.Changes in work classifications
5.Employees enrolled in approved training programs and the status of each
6.Minority subcontractor or subcontractors with meaningful minority group representation
7.Copies of Form C-57 submitted by subcontractors
c.If the Contract has a stipulation or requirement for trainees, the Contractor shall submit semi-annual training reports in accordance with the instructions shown on the forms furnished by the Depart - ment. If the Contractor fails to submit such reports in accordance with the instructions, his monthly progress estimate for payment may be delayed.
d.The Contractor shall cooperate with the Department in carrying out EEO obligations and in the Department’ s review of activities under the Contract. The Contractor shall comply with the specific EEO requirements specified herein and shall include these requirements in every subcontract of $10,000 or more with such modification of language as may be necessary to make them binding on the subcontractor.
e.EEO Policy: The Contractor shall accept as operating policy the following statement: It is the policy of this Company to assure that applicants are employed and that employees are treated during employment without regard to their race, religion, sex, color, or national 80107.14 origin. Such action shall include employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship or on the job training.
f.EEO Officer: The Contractor shall designate and make known to the Department an EEO Officer who can effectively administer and promote an active Contractor EEO program and who shall be assigned adequate authority and responsibility to do so.
g.Dissemination of Policy:
1.Members of the Contractor’ s staff who are authorized to hire, supervise, promote, and discharge employees or recommend such action or are substantially involved in such action shall be made fully aware of and shall implement the Contractor’ s EEO policy and contractual responsibilities to provide equal employment opportunity in each grade and classification of employment. The following actions shall be taken as a minimum:
a.Periodic meetings of supervisory and personnel office employees shall be conducted before the start of work and at least once every 6 months thereafter, at which time the Contractor’ s EEO policy and its implementation shall be reviewed and explained. The meetings shall be conducted by the EEO Officer or another knowledgeable company official.
b.New supervisory or personnel office employees shall be given a thorough indoctrination by the EEO Officer or another knowledgeable company official covering all major aspects of the Contractor’ s EEO obligations within 30 days following their reporting for duty with the Contractor.
c.The EEO Officer or appropriate company official shall instruct employees engaged in the direct recruitment of employees for the project relative to the methods followed by the Contractor in locating and hiring minority group employees.
2.In order to make the Contractor’ s EEO policy known to all employees, prospective employees, and potential sources of employees such as, but not limited to, schools, employment agencies, labor unions where appropriate, and college placement officers, the Contractor shall take the following actions:
a.Notices and posters setting forth the Contractor’ s EEO policy shall be placed in areas readily accessible to employees, applicants for employment, and potential employees. The Contractor shall furnish, erect, and maintain at least two bulletin boards having dimensions of at least 48 inches in width and 36 inches in height at locations readily accessible to all personnel concerned with the project. The boards shall be erected immediately upon initiation of the Contract work and shall be maintained until the completion of such work, at which time they shall be removed from the project. Each bulletin board shall be equipped with a removable glass or plastic cover that, when in place, will protect posters from weather or damage. The Contractor shall promptly post official notices on the bulletin boards. The costs for such work shall be included in the price bid for other Contract items.
b.The Contractor’ s EEO policy and the procedures to implement such policy shall be brought to the attention of employees by means of meetings, employee handbooks, or other ap - propriate means. 81107.14
h.Recruitment:
1.When advertising for employees, the Contractor shall include in all advertisements for employees the notation “An Equal Opportunity Employer” and shall insert all such advertise - ments in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived.
2.Unless precluded by a valid bargaining agreement, the Contractor shall conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, state employment agencies, schools, colleges, and minority group organizations. The Contractor shall identify sources of potential minority group employees and shall establish procedures with such sources whereby minority group applicants may be referred to him for employment consideration.
3.The Contractor shall encourage his employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all employees. In addition, information and procedures with regard to referring minority group applicants shall be discussed with employees.
i.Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel action of any type shall be taken without regard to race, color, religion, sex, or national origin.
1.The Contractor shall conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of personnel.
2.The Contractor shall periodically evaluate the spread of wages paid within each classification to determine whether there is evidence of discriminatory wage practices.
3.The Contractor shall periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the Contractor shall promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, corrective action shall include all affected persons.
4.The Contractor shall investigate all complaints of alleged discrimination made to him in connection with obligations under the Contract, attempt to resolve such complaints, and take appropriate corrective action. If the investigation indicates that the discrimination may affect persons other than the complainant, corrective action shall include those persons. Upon completion of each investigation, the Contractor shall inform every complainant of all avenues of appeal.
j.Training:
1.The Contractor shall assist in locating, qualifying, and increasing the skills of minority group and women employees and applicants for employment.
2.Consistent with work force requirements and as permissible under federal and state regulations, the Contractor shall make full use of training programs, i.e., apprenticeship and on the job training programs for the geographical area of Contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of appren - ticeship or training. 82107.14
3.The Contractor shall advise employees and applicants for employment of available training programs and the entrance requirements for each.
4.The Contractor shall periodically review the training and promotion potential of minority group employees and shall encourage eligible employees to apply for such training and promotion.
5.If the Contract provides a pay item for trainees, training shall be in accordance with Section 518.
k.Unions: If the Contractor relies in whole or in part on unions as a source of employees, best efforts shall be made to obtain the cooperation of such unions to increase opportunities for minority groups and women in the unions and to effect referrals by such unions of minority and women employees. Actions by the Contractor, either directly or through his Contractor’ s Association acting as agent, shall include the following procedures:
1.In cooperation with the unions, best efforts shall be used to develop joint training programs aimed toward qualifying more minority group members and women for membership in the unions and to increase the skills of minority group employees and women so that they may qualify for higher-paying employment.
2.Best efforts shall be used to incorporate an EEO clause into union agreements to the end that unions shall be contractually bound to refer applicants without regard to race, color, religion, sex, or national origin.
3.Information shall be obtained concerning referral practices and policies of the labor union except that to the extent the information is within the exclusive possession of the union. If the labor union refuses to furnish the information to the Contractor, the Contractor shall so certify to the Department and shall set forth what efforts he made to obtain the information.
4.If a union is unable to provide the Contractor with a reasonable flow of minority and women referrals within the time limit set forth in the union agreement, the Contractor shall, through his recruitment procedures, fill the employment vacancies without regard to race, color, re - ligion, sex, or national origin, making full efforts to obtain qualified or qualifiable minority group persons and women. If union referral practice prevents the Contractor from complying with the EEO requirements, the Contractor shall immediately notify the Department.
l.Subcontracting: The Contractor shall use best efforts to use minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of SWaM and DBE construction firms from the Department. If SWaM and DBE goals are established in the proposal, the Contractor shall comply with Section 107.15. The Contractor shall use best efforts to ensure subcontractor compliance with his EEO obligations.
m.Records and Reports: The Contractor shall keep such records as are necessary to determine compliance with his EEO obligations. The records shall be designed to indicate the following:
1.the number of minority and nonminority group members and females employed in each work classification on the project. 83107.15
2.the progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and females if unions are used as a source of the work force.
3.the progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees.
4.the progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Records shall be retained for a period of 3 years following the Completion Date of the Contract work and shall be available at reasonable times and places for inspection by authorized repre - sentatives of the Department. Each month for the first three months after construction begins and every month of July there - after for the duration of the project, Form C-57 shall be completed to indicate the number of minority, nonminority, and female employees currently engaged in each work classification shown on the form. The completed Form C-57 shall be submitted within 3 weeks after the reporting period. Failure to do so may result in delay of approval of the Contractor’ s monthly progress estimate for payment
107.15 Use of Small, Women-Owned, and Minority-Owned Businesses (SWaMS)
It is the policy of the Department that Small, Women-Owned, and Minority-Owned Businesses (SWaMs) shall have the maximum opportunity to participate in the performance of the Contract. The Contractor is encouraged to take necessary and reasonable steps to ensure that SWaMs have the maximum opportunity to compete for and perform work on the Contract, including participation in any subsequent subcontracts. Any SWaMs used by the Contractor, including the Contractor himself, shall perform a commercially useful function, as defined in 7V AC10-21-220. A SWaM firm shall mean a small business concern (as defined pursuant to the Code of Virginia, Title 2.2 -1401 for the purpose of reporting small, women-owned, and minority-owned business participation in state contracts and purchases pursuant to §§ 2.2-1404 and 2.2-1405. To that end the following terms shall apply: Small business means a business that is at least 51 percent independently owned and, controlled by one or more individuals who are U.S. citizens or legal resident aliens and together with affiliates, has 250 or fewer employees, or average annual gross receipts of $10 million or less averaged over the previous three years. One or more of the individual owners shall control both the management and daily business operations of the small business. Women-owned business citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51 percent of the equity ownership interest is owned by one or more women who are citizens of the United States or non-citizens who are in full compliance with the United States immigration law, and both the management and daily business operations are controlled by one or more women who are U.S. citizens or legal resident aliens. Minority-owned business means a business concern that is at least 51 percent owned by one or more minority individuals or in the case of a corporation, partnership, or limited liability company or other entity, at least 51 percent of the equity ownership interest in the corporation, partnership, or limited lia - 84107.15 bility company or other entity is owned by one or more minority individuals and both the management and daily business operations are controlled by one or more minority individuals. Minority individual means an individual who is a citizen of the United States or a non-citizen who is in full compliance with United States immigration law and who satisfies one or more of the following definitions:
a.African American means a person having origins in any of the original peoples of Africa and who is regarded as such by the community of which this person claims to be a part.
b.Asian American means a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands, including but not limited to Japan, China, Vietnam, Samoa, Laos, Cambodia, Taiwan, Northern Mariana, the Philippines, a
U.S. territory of the Pacific, India, Pakistan, Bangladesh, or Sri Lanka and who is regarded as such by the community of which this person claims to be a part.
c.Hispanic American means a person having origins in any of the Spanish-speaking peoples of Mexico, South or Central America, or the Caribbean Islands or other Spanish or Portuguese cultures and who is regarded as such by the community of which this person claims to be a part.
d.Native American means a person having origins in any of the original peoples of North America and who is regarded as such by the community of which this person claims to be a part or who is recognized by a tribal organization.
e.a member of another group, or other individual, found to be economically and socially disadvantaged by the Small Business Administration under 8(a) of the Small Business Act as amended (15 U.S.C. 637[a]). State agency means any authority, board, department, instrumentality, institution, agency, or other unit of state government. “State agency” shall not include any county, city, or town. A list of Virginia Department of Minority Business Enterprise (DMBE) certified SWaM firms is main - tained on the DMBE web site (http://www.dmbe.state.va.us/) under the SWaM V endor Directory link. SWaM certification entitles firms to participate in VDOT’ s SWaM program; however, this certification does not guarantee that the firm will obtain work nor does it attest to the firm’ s abilities to perform any particular work. The Contractor is encouraged to use the services of banks owned or controlled by minorities or females; however, use of such services will not be credited toward participation achievement for the Contract. The Department has on file, and will make available on request, the names and addresses of known minority and female owned banks in the Commonwealth of Virginia. The Contractor shall designate and make known to the Department a liaison officer who is assigned the responsibility of actively and effectively administering, encouraging and promoting a responsive pro - gram for the use of SWaMs. The performance of the Contract for the purpose of this specification shall be interpreted to include, but not necessarily be limited to, subcontracting; furnishing materials, supplies, and services; and leasing equipment or, where applicable, any combination thereof. If the Contractor intends to sublet a portion of the work on the project in accordance with Section 105.06, the Contractor is encouraged to seek out and consider SWaMs as potential subcontractors. The Contrac - 85107.15 tor is encouraged to contact SWaMs to solicit their interest, capability, and prices and shall retain on file the proper documentation to substantiate such contacts. By signing the bid, the bidder certifies to the following: • That on the work proposed to be sublet and shown on Form C-31 for Contractors Proposal to Sublet, the bidder has taken reasonable steps to seek out and consider SWaMs as potential subcontractors. • That, if awarded the project, any work proposed to be sublet and not shown on the form for Contractors Proposal to Sublet, the same reasonable steps certified herein will be taken. If the Department has determined that specific opportunities for participation by SWaMs are available on a particular Contract and the bidder chooses to claim credit for SWaM participation, the extent of such participation will be shown as a percentage of the Contract amount and will be indicated in the proposal on Form C-61, SWaM Participation. If the bidder is a SWaM that is owned and controlled by a minority female(s), participation achievement may be shown as either minority or female, but not both, as the certification indicates. Further, each bidder shall comply with Section 102.01. If the apparent low bidder is a currently certified SWaM firm, the SWaM requirements of this provision will not be applicable except for those referring to the reporting of participation achievement. The following are examples of efforts the Department encourages bidders and Contractors to make in soliciting SWaM participation. Other factors or types of efforts may be relevant in appropriate cases. The Contractor is encouraged to:
a.attend any pre-solicitation or pre-bid meetings at which SWaMs could be present and/or informed of contracting and subcontracting opportunities;
b.advertise in general circulation, trade association and minority-focus media concerning the subcontracting opportunities;
c.provide written notice to a reasonable number of specific SWaMs that their interest in the Contract is being solicited in sufficient time to allow the SWaMs to participate effectively;
d.follow-up initial solicitations of interest by contacting SWaMs to determine with certainty whether the SWaMs are interested;
e.select portions of the work to be performed by SWaMs in order to increase the likelihood of obtaining SWaM participation (including, where appropriate, breaking down proposed contract work into economically feasible units to facilitate SWaM participation);
f.provide interested SWaMs with adequate information about the plans, Specifications, and Contract requirements;
g.negotiate in good faith with interested SWaMs, not rejecting SWaMs as unqualified without sound reasons based on a thorough investigation of their capabilities;
h.make efforts to assist interested SWaMs in obtaining bonding, lines of credit, or insurance required by the Department or Contractor; 86107.15
i.make efforts to assist interested SWaMs in obtaining necessary equipment, supplies, materials, or other necessary or related assistance or services; and
j.effectively use the services of available minority, woman and small business community organizations; minority, woman and small business contractors’ groups; local, state and federal minority, woman and small business assistance offices; and other organizations that provide assistance in the recruitment and placement of SWaMs. Any agreement between a bidder and a SWaM whereby the SWaM agrees not to provide quotations for performance of work to other bidders is prohibited. No later than 14 days after the date stated in the bid proposal, in accordance with Section 102.12, if the ap - parent low bidder as read at the bid opening, is reporting participation commitment on the Contract, he shall submit by fax to the Department a fully executed Form C-61 showing the name(s) and certification numbers of the currently certified SWAMS who will perform work to be reported as said participation credit. The signatures on Form C-61 shall be those of the bidder or authorized representatives of the bidder as shown on Forms C-37 and C-38A or as authorized by letter from the bidder. Any award made by the Board prior to receipt of the information required will be conditional, pending receipt of such information. The Contractor shall furnish, and require each subcontractor to furnish, on a quarterly basis, information relative to all SWaM involvement on the project. The information shall be indicated on Form C-63, DBE and SWAM Payment Compliance Report or by copies of canceled checks with appropriate identifying notations. If participation achievement is to be fulfilled with a SWaM whose name has not been previous - ly furnished to the Department for the Contract in question, an initial or revised Form C-61, whichever is appropriate, shall be submitted prior to such SWaM beginning the work. Failure to provide the Depart - ment the forms by the fifth of the month following each quarterly reporting period may result in delay of the Contractor’ s estimate for payment. If a SWaM, through no fault of the Contractor, is unable or unwilling to fulfill his agreement with the Contractor, the Contractor shall immediately notify the Department and provide all relevant facts. If any subcontractor is relieved of the responsibility to perform work under their subcontract, the Contractor is encouraged to take the appropriate steps to obtain a SWaM to perform an equal or greater dollar value of the remaining subcontracted work. The substitute SWaM’ s name, description of the work, and dollar value of the work shall be submitted to the Department on Form C-61 prior to such SWaM beginning the work, if such work is to be counted for participation achievement.
107.16 Environmental Stipulations
By signing the bid, the bidder certifies (unless the Contract is exempt under 42 USC 7606, 33 USC 1368, Executive Order 11738, and 2 CFR 1532.1140) that any facility to be used in the performance of the Contract is not listed on the Federal System for Award Management (SAM) Exclusions Public Extract according to 2 CFR 1532.1125; and that the bidder shall promptly notify the Department prior to the award of the Contract if the bidder receives any communication from the EPA, indicating that a facility to be used for the Contract is under consideration to be listed on the Federal SAM Exclusion Public Extract. No separate payment will be made for the work or precautions described herein except where provided for as a specific item in the Contract or except where provision has been made for such payment in these Specifications. 87107.16
a.Erosion and Siltation: The Contractor shall exercise every reasonable precaution, including temporary and permanent soil stabilization measures, throughout the duration of the project to con - trol erosion and prevent siltation of adjacent lands, rivers, streams, wetlands, lakes, and impound - ments. Soil stabilization and/or erosion control measures shall be applied to erodible soil or ground materials exposed by any activity associated with construction, including clearing, grubbing, and grading, but not limited to local or on-site sources of materials, stockpiles, disposal areas, and haul roads. The Contractor shall comply with Sections 301.02 and 303.03. Should the Contractor as a result of negligence or noncompliance, fail to provide soil stabilization in accordance with these specifica - tions, the cost of temporary soil stabilization in accordance with Section 303 shall be at the Con - tractor’ s expense. If the delay in stabilizing an exposed area of land is due to circumstances beyond the Contractor’ s control, the Department will be responsible for the expense. Temporary measures shall be coordinated with the work to ensure effective and continuous erosion and sediment control. Permanent erosion control measures and drainage facilities shall be installed as the work progresses. For projects that disturb 10,000 square feet or greater of land or 2,500 square feet or greater in Tide - water, Virginia, the Contractor shall have within the limits of the project during land disturbance activities, an employee who holds an ESCCC issued by the Department or other credential listed on Form C-107. The Certified Contractor shall inspect erosion and sediment control and pollution pre - vention practices, devices and measures for proper installation and operation and promptly report their findings to the Inspector. Failure on the part of the Contractor to maintain appropriate erosion and sediment control or pollution prevention devices in a functioning condition may result in the Engineer notifying the Contractor in writing of specific deficiencies. Deficiencies shall be correct - ed immediately or as otherwise directed by the Engineer. If the Contractor fails to correct or take appropriate actions to correct the specified deficiencies within 24 hours (or as otherwise directed) after receipt of such notification, the Department may do one or more of the following: require the Contractor to suspend work in other areas and concentrate efforts towards correcting the specified deficiencies, withhold payment of monthly progress estimates, or proceed to correct the specified deficiencies and deduct the entire cost of such work from monies due the Contractor. Failure on the part of the Contractor to maintain a Department certified erosion and sediment control employee within the project limits when land disturbance activities are being performed will result in the En - gineer suspending work related to any land disturbance activity until such time as the Contractor is in compliance with this requirement.
b.Pollution:
1.Water: The Contractor shall exercise every reasonable precaution throughout the duration of the project to prevent pollution of rivers, streams, and impoundments. Pollutants such as, but not limited to, chemicals, fuels, lubricants, bitumens, raw sewage, paints, sedimentation, and other harmful material shall not be discharged into or alongside rivers, streams, or impoundments or into channels leading to them. The Contractor shall provide the Engineer a contingency plan for reporting and immediate actions to be taken in the event of a dump, discharge, or spill within 8 hours after he has mobilized to the project site. Construction discharge water shall be filtered to remove deleterious materials prior to discharge into state waters. Filtering shall be accomplished by the use of a standard dewatering basin or a dewatering bag or other measures approved by the Engineer. Dewatering bags shall conform to Section 245. During specified spawning seasons, discharges and construction 88107.16 activities in spawning areas of state waters shall be restricted so as not to disturb or inhibit aquatic species that are indigenous to the waters. Neither water nor other effluence shall be discharged onto wetlands or breeding or nesting areas of migratory waterfowl. When used extensively in wetlands, heavy equipment shall be placed on mats. Temporary construction fills and mats in wetlands and flood plains shall be constructed of approved non-erodible materials and shall be removed by the Contractor to natural ground when the Engineer so directs. If the Contractor dumps, discharges, or spills any oil or chemical that reaches or has the potential to reach a waterway, he shall immediately notify all appropriate jurisdictional state and federal agencies in accordance with Sections 107.01 and 107.16(e) and the VPDES General Permit For Discharge of Stormwater From Construction Activities and shall take immediate actions to contain, remove, and properly dispose of the oil or chemical. Solids, sludges, or other pollutants removed in the course of the treatment or management of pollutants shall be disposed of in a manner that prevents any pollutant from such materials from entering surface waters in compliance with all applicable state and federal laws and reg - ulations. Excavation material shall be disposed of in approved areas above the mean high water mark shown on the plans in a manner that will prevent the return of solid or suspended materials to state waters. If the mark is not shown on the plans, the mean high water mark shall be consid - ered the elevation of the top of stream banks. Constructing new bridge(s) and dismantling and removing existing bridge(s) shall be acom - plished in a manner that will prevent the dumping or discharge of construction or disposable materials into rivers, streams, or impoundments. Construction operations in rivers, streams, or impoundments shall be restricted to those areas where identified on the plans and to those that must be entered for the construction of struc - tures. Rivers, streams, and impoundments shall be cleared of falsework, piling, debris, or other obstructions placed therein or caused by construction operations. Stabilization of the stream - bed and banks shall occur immediately upon completion of work or if work is suspended for more than 14 days. The Contractor shall prevent stream constriction that would reduce stream flows below the minimum, as defined by the State Water Control Board, during construction operations. If it is necessary to relocate an existing stream or drainage facility temporarily to facilitate con - struction, the Contractor shall design and provide temporary channels or culverts of adequate size to carry the normal flow of the stream or drainage facility. The Contractor shall submit a temporary relocation design to the Engineer for review and acceptance in sufficient time to allow for discussion and correction prior to beginning the work the design covers. Costs for the temporary relocation of the stream or drainage facility shall be included in the Contract price for the related pipe or box culvert, unless specifically provided for under another Pay Item. Sta - bilization of the streambed and banks shall occur immediately upon completion of, or during the work or if the work is suspended for more than 14 days. Temporary bridges or other minimally invasive structures shall be used wherever the Contractor finds it necessary to cross a stream more than twice in a 6-month period, unless otherwise au - thorized by water quality permits issued by the U. S. Army Corps of Engineers, Virginia Marine Resources Commission or the Virginia Department of Environmental Quality for the Contract. 89107.16 The Contractor shall cover all dumpsters at the end of each work shift and when not in use during a rain event.
2.Air: The Contractor shall comply with Section 107.01 and the State Air Pollution Control Law and Rules of the State Air Pollution Control Board, including notifications required there - in. Precautions shall be taken at all times to prevent particulate matter from becoming airborne according to 9 V AC 5-50-80 and 9 V AC 5-50-90. Burning shall be performed in accordance with all applicable local laws and ordinances and under the constant surveillance of watchpersons. Care shall be taken so that the burning of materials does not destroy or damage property or cause excessive air pollution. The Contractor shall not burn rubber tires, asphalt, used crankcase oil, or other materials that produce dense smoke. Burning shall not be initiated when atmospheric conditions are such that smoke will create a hazard to the motoring public or airport operations. Provisions shall be made for flag - ging vehicular traffic if visibility is obstructed or impaired by smoke. At no time shall a fire be left unattended. Asphalt mixing plants shall be designed, equipped, and operated so that the amount and quality of air pollutants emitted will conform to the rules of the State Air Pollution Control Board.
a.VOC Emission Control Areas - The Contractor is advised that when the project is located in a volatile organic compound (VOC) emissions control area identified in the State Air Control Board Regulations (9 V AC 5-20-206) and in the Table I-3 below the following limitations shall apply:
1.Open burning is prohibited during the months of May, June, July, August, and September.
2.Cutback asphalt is prohibited April through October except when use or application as a penetrating prime coat or tack is necessary. See 9 V AC 5-45-760 et seq. (Emission Standards for Asphalt Paving Operations) and 9 V AC 5-20-206 (Regulations for the Control and Abatement of Air Pollution) for further clarification.
b.Emission standards for asbestos incorporated in the EPA’ s National Emission Standards for Hazardous Air Pollutants apply to: • The demolition or renovation of any facility including but not limited to institutional, commercial, public, or industrial buildings; bridge structures; or portions thereof that contain regulated asbestos containing materials (RACM). • Activities where the Contractor’ s methods for such actions will produce RACM.
c.The Contractor shall submit demolition notification to the EPA and the Virginia Department of Labor and Industry, in accordance with Section 107.01 regardless of whether RACM are present or not, a minimum of 10 business days before starting work on the following activities:
1.Demolishing or dismantling and removing existing building or bridge structures
2.Moving an entire building or bridge structure 90107.16 VOC Emissions Control AreaVDOT District Jurisdiction Northern Virginia NOV AAlexandria City Arlington County Fairfax County Fairfax City Falls Church City Loudoun County Manassas City Manassas Park City Prince William County Northern Virginia Fredericksburg Stafford County Fredericksburg FredericksburgSpotsylvania County Fredericksburg City Hampton Roads Fredericksburg Gloucester County Hampton Roads Hampton RoadsChesapeake City Hampton City Isle of Wight County James City County Newport News City Norfolk City Poquoson City Portsmouth City Suffolk City Virginia Beach City Williamsburg City Y ork County Richmond RichmondCharles City County Chesterfield County Colonial Heights City Hanover County Henrico County Hopewell City Petersburg City Prince George County Richmond City Western Virginia StauntonFrederick County Winchester City Western Virginia SalemRoanoke County Botetourt County Roanoke City Salem CityTABLE I-3 91107.16
3.Reconstructing, repairing, or replacing any load-bearing component of a bridge structure The Contractor shall provide written notification to the Engineer a minimum of 3 full business days prior to work being performed.
3.Noise: The Contractor’ s operations shall be performed so that exterior noise levels measured during a noise-sensitive activity shall not exceed 80 decibels. Such noise level measurements shall be taken at a point on the perimeter of the construction limit that is closest to the adjoin - ing property on which a noise sensitive activity is occurring. A noise-sensitive activity is any activity for which lowered noise levels are essential if the activity is to serve its intended purpose and not present an unreasonable public nuisance. Such activities include, but are not limited to, those associated with residences, hospitals, nursing homes, churches, schools, libraries, parks, and recreational areas. The Department may monitor construction-related noise. If construction noise levels exceed 80 decibels during noise sensitive activities, the Contractor shall take corrective action before proceeding with operations. The Contractor shall be responsible for costs associated with the abatement of construction noise and the delay of operations attributable to noncompliance with these requirements. The Department may prohibit or restrict to certain portions of the project any work that produces objectionable noise between 10 PM and 6 AM. If other hours are established by local ordinance, the local ordinance shall govern. Equipment shall in no way be altered so as to result in noise levels that are greater than those produced by the original equipment. When feasible, the Contractor shall establish haul routes that direct his vehicles away from developed areas and ensure that noise from hauling operations is kept to a minimum. These requirements shall not be applicable if the noise produced by sources other than the Contractor’ s operation at the point of reception is greater than the noise from the Contractor’ s operation at the same point.
c.Forest Fires: The Contractor shall take all reasonable precautions to prevent and suppress forest fires in any area involved in construction operations or occupied by him as a result of such operations. The Contractor shall cooperate with the proper authorities of the state and federal governments in reporting, preventing, and suppressing forest fires. Labor, tools, or equipment furnished by the Contractor upon the order of any forest official issued under authority granted the official by law shall not be considered a part of the Contract. The Contractor shall negotiate with the proper forest official for compensation for such labor, tools, or equipment.
d.Archeological, Paleontological, and Rare Mineralogical Findings: In the event of the discovery of prehistoric ruins, Indian or early settler sites, burial grounds, relics, fossils, meteorites, or other articles of archeological, paleontological, or rare mineralogical interest during the prosecu - tion of work, the Contractor shall act immediately to suspend work at the site of the discovery and notify the Engineer. The Engineer will immediately notify the proper state authority charged with the responsibility of investigating and evaluating such finds. The Contractor shall cooperate and, upon the request of the Engineer, assist in protecting, mapping, and removing the findings. Labor, tools, or equipment furnished by the Contractor for such work will be paid for in accordance with 92107.16 Section 104.03. Findings shall become the property of the Commonwealth unless they are located on federal lands, in which event they shall become the property of the U.S. government. When such findings delay the progress or performance of the work, the Contractor shall notify the Engineer in accordance with Sections 108.03 and Section 109.05.
e.Storm Water Pollution Prevention Plan and VPDES General Permit for the Discharge of Stormwater from Construction Activities A Stormwater Pollution Prevention Plan (SWPPP) identifies potential sources of pollutants which may reasonably be expected to affect the stormwater discharges from the construction site and any on-site or off-site support facilities located on VDOT rights of way and easements. The SWPPP also describes and ensures implementation of practices which will be used to minimize or prevent pollutants in such discharges. The SWPPP shall include, but not be limited to, the approved Erosion and Sediment Control (ESC) Plan, the approved Stormwater Management (SWM) Plan (if applicable), the approved Pollution Prevention Plan and all related Specifications, Standards, and notes contained within all Contract documents and shall be required for all land-disturbing activities that disturb 10,000 square feet or greater, or 2,500 square feet or greater in Tidewater, Virginia. Land-disturbing activities that disturb one acre or greater require coverage under the Department of Environmental Quality’ s General VPDES Permit for the Discharge of Stormwater from Con - struction Activities (hereafter referred to as the Construction General Permit). VDOT will apply for and secure Construction General Permit coverage for all applicable land disturbing activities on VDOT rights of way or easements for which it has contractual control, including off-site (outside the project limits) support facilities on VDOT rights of way or easements that directly relate to the construction activity. The Contractor shall be responsible for securing VPDES Construction Permit coverage and com - plying with all permit conditions for all support facilities that are not located on VDOT rights of way or easements. The required contents of a SWPPP for those land disturbance activities requiring coverage under the VPDES Construction Permit are found in Section II of the permit. While a SWPPP is an important component of the VPDES Construction Permit, it is only one of the many requirements that must be addressed in order to be in full compliance with the conditions of the permit. The Contractor and all other persons that oversee or perform activities covered by the VPDES Construction Permit shall be responsible for reading, understanding, and complying with all of the terms, conditions, and requirements of the permit and the project’ s SWPPP including, but not limited to, the following:
1.Project Implementation Responsibilities The Contractor shall be responsible for the installation, maintenance, inspection, and, on a daily basis, ensuring the functionality of all erosion and sediment control measures and all other stormwater runoff control and pollution prevention measures identified within or refer - enced within the SWPPP , the construction plans, the specifications, all applicable permits, and all other Contract documents. 93107.16 The Contractor shall be solely responsible for the temporary erosion and sediment control protection and permanent stabilization of all borrow areas and soil disposal areas located out - side of VDOT right of way or easement. The Contractor shall prevent or minimize any stormwater or non-stormwater discharge that will have a reasonable likelihood of adversely affecting human health or public and/ or private properties.
2.Certification Requirements In addition to satisfying the Section 107.16(a) personnel certification requirements, the Contractor shall certify his activities by completing, signing, and submitting Form C-45 VDOT SWPPP Contractor Certification Statement to the Engineer at least 7 days prior to commencing any project-related, land-disturbing activities, both within the project limits and any support facilities located on VDOT rights of way or easements outside the project limits.
3.SWPPP Requirements for Support Facilities VDOT will secure Construction General Permit coverage for support facilities located on VDOT rights of way or easements. The Contractor shall secure separate Construction General Permit coverage for support facilities that are not located on VDOT rights of way or easements. Support facilities shall include, but not be limited to, borrow and disposal areas, construction and waste material storage areas, equipment and vehicle washing, maintenance, storage and fueling areas, storage areas for fertilizers, fuels or chemicals, concrete wash out areas, sanitary waste facilities, and any other areas that may generate a stormwater or non-stormwater dis - charge directly related to the construction site. The Contractor shall provide VDOT evidence of required permit coverage for support facilities that are not located on VDOT rights of way or easements. The Contractor shall develop and enforce a Spill Prevention Control and Countermeasure (SPCC) Plan conforming to 40 CFR 112 if the aggregated volume of Oil stored within the project limits at any one time is greater than 1320 gallons. Oil, in this context, shall be defined according to 40 CFR 112. The aggregated volume includes that of both stationary and portable storage facilities but does not include individual storage containers with less than a 55 gallon capacity. The Contractor shall include the SPCC Plan as a part of his Pollution Prevention Plan for the project. The Contractor shall develop a SWPPP for support facilities that are not included in the Plans whether they are located within or outside the project limits.
a.For those support facilities located within the project limits, the SWPPP , conforming to 9 V AC 25-870 and 9 V AC 25-880, shall include an erosion and sediment control plan con - forming to 9 V AC 25-840, a stormwater management plan conforming to 9 V AC 25-870, and a pollution prevention plan according to these Specifications, the SWPPP Gener - al Information Sheet notes in the Contract, and 9 V AC 25-880, as applicable. Once ap - proved, the Engineer will notify the Contractor in writing that the plans are accepted as a component of the Project’ s SWPPP and Construction General Permit coverage (where applicable). 94107.16
b.For those support facilities located outside the project limits, a SWPPP , conforming to 9 V AC 25-870 and 9 V AC 25-880, shall include an erosion and sediment control plan conforming to 9 V AC 25-840; a stormwater management plan conforming to 9 V AC 25-870; a pollution prevention plan conforming to these Specifications, the SWPPP General Information Sheet notes in the Plans, 9 V AC 25-880, and all neces - sary documents for obtaining Construction General Permit coverage as applicable. Once accepted by the Engineer, VDOT will secure Construction General Permit cov - erage. After VDOT secures Construction General Permit coverage for the support facility, the Engineer will notify the Contractor in writing. All SWPP plans shall be developed according to Section 105.10, shall be reviewed and approved by appropriate personnel certified through DEQ’ s ESC and SWM Certification program, and shall be submitted to the Engineer for review and approval. Support facilities shall be subject to all Construction General Permit and Contract condi - tions and requirements. No land disturbing activities can occur in the support areas until written notice to proceed is provided by the Engineer.
4.Inspection Procedures
a.Inspection Requirements: The Contractor shall be responsible for conducting site in- spections according to the requirements herein. Site inspections shall include erosion, sediment control, and pollution prevention practices and facilities; all areas of the site disturbed by construction activity; all on-site support facilities; and all off site support facilities within VDOT right of way or easement. The Contractor shall document such inspections by completion of Form C-107 according to the directions contained within the form. This inspection shall be incorporated into the SWPPP no later than 4 days af - ter the inspection. Inspections shall be conducted using one of the following schedules: • Schedule 1 - At least once every 7 calendar days (equivalent to the once every five business days schedule in the General VPDES Permit for Discharge of Stormwater from Construction Activities) and within 24 hours following any measureable storm event. If a measureable storm event occurs when there are more than 24 hours be - tween business days, the Contractor shall perform his inspection no later than the next business day. The Contractor shall install a rain gauge at a central location on the project site for the purposes of determining the occurrence of a measureable storm event. Where the project is of such a length that one rain gauge may not pro - vide an accurate representation of the occurrence of a measurable storm event over the entire project site, the Contractor shall install as many rain gauges as necessary to accurately reflect the amount of rainfall received over all portions of the project. The Contractor shall observe all rain gauges no less than once each business day at the time prescribed in the SWPPP General Information Sheet notes in the construction plans or other contract documents to determine if a measureable storm event has occurred. The procedures for determining the occurrence of a measurable storm event are identified in the SWPPP General Information Sheet notes in the construc - tion plans or other contract documents. • Schedule 2 - At least each Monday and Thursday (equivalent to the once every four business days schedule in the General VPDES Permit for Discharge of Stormwater from Construction Activities). Where Monday or Thursday is a non-business day, the inspection may be performed on the next business day afterward. In no case shall the 95107.16 inspections be performed less than once every four business days. A rain gauge will not be required when using Schedule 2. The inspection schedule (1 or 2) is to be selected prior to the beginning of land distur - bance. Once an inspection schedule is selected, it shall be defined in the appropriate note in the SWPPP General Information Sheets contained in the construction plan set and shall be used for the duration of the project. A business day is defined as Monday through Fri - day excluding State holidays. A measurable storm event is defined as one producing 0.25 inches of rainfall or greater over a 24 hour time period. For those areas of the site that have been temporarily stabilized or where land disturbing activities have been suspended due to continuous frozen ground conditions and stormwa - ter discharges are unlikely, the inspection schedule may be reduced to once per month. If weather conditions (such as above freezing temperatures or rain or snow events) make stormwater discharges likely, the Contractor shall immediately resume the regular in - spection schedule. Those definable areas where final stabilization has been achieved will not require further inspections provided such areas have been identified in the project’ s Stormwater Pollution Prevention Plan.
b.Corrective Actions If a site inspection identifies an existing control measure that is not being maintained properly or operating effectively; an existing control measure that needs to be modified; locations where an additional control measure is necessary; or any other deficiencies in the erosion and sediment control and pollution prevention plan, corrective action(s) shall be completed as soon as practical and prior to the next anticipated measurable storm event but no later than 7 days after the date of the site inspection that identified the deficiency.
5.Unauthorized Discharges and Reporting Requirements The Contractor shall not discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances nor shall he otherwise alter the physical, chemical, or biological properties of such waters that render such waters detrimental for or to domestic use, industrial consumption, recreational, or other public uses.
a.Notification of non-compliant discharges The Contractor shall immediately notify the Engineer upon the discovery of or the po - tential of any unauthorized, unusual, extraordinary, or non-compliant discharge from the land construction activity or any of support facilities located on VDOT right of way or easement. Where immediate notification is not possible, such notification shall be not later than 24 hours after said discovery.
b.Detailed report requirements for non-compliant discharges The Contractor shall submit to the Engineer within 5 days of the discovery of any actual or potential non-compliant discharge a written report describing details of the discharge to include a description of the nature and location of the discharge; the cause of the dis - charge; the date of occurrence; the length of time that the discharge occurred, the volume of the discharge; the expected duration and total volume if the discharge is continuing; a description of any apparent or potential effects on private and/or public properties and 96107.16 state waters or endangerment to public health; and any steps planned or taken to reduce, eliminate, and prevent a recurrence of the discharge. A completed Form C-107 shall be included in such reports.
6.Changes and Deficiencies The Contractor shall report to the Engineer when any planned physical alterations or additions are made to the land disturbing activity or deficiencies in the project plans or Contract are discovered that could significantly change the nature of or increase the potential for pollutants discharged from the land disturbing activity to surface waters and that have not previously been addressed in the SWPPP .
7.Amendments, Modifications, Revisions and Updates to the SWPPP The Contractor shall amend the SWPPP whenever site conditions, construction sequencing or scheduling necessitates revisions or modifications to the erosion and sediment control plan, the pollution prevention plan, or any other component of the SWPPP for the land disturbing activity or onsite support facilities. The Contractor shall amend the SWPPP to identify any additional or modified erosion and sediment control and pollution prevention measures implemented to correct problems or deficiencies identified through any inspection or investigation process. The Contractor shall amend the SWPPP to identify any new or additional persons or Con - tractors not previously identified that will be responsible for implementing and maintaining erosion and sediment control and pollution prevention devices. The Contractor shall update the SWPPP to include: • A record of dates when major grading activities occur, construction activities temporarily or permanently cease on a portion of the site, and stabilization measures are initiated. • Documentation of replaced or modified erosion and sediment control and pollution prevention controls where periodic inspections or other information have indicated that the controls have been used inappropriately or incorrectly. • Identification of areas where final stabilization has occurred and where no further SWPPP or inspection requirements apply. • The date of any prohibited discharges, the discharge volume released, and what actions were taken to minimize the impact of the release. • A description of any measures taken to prevent the reoccurrence of any prohibited discharge. • A description of any measures taken to address any issues identified by the required erosion and sediment control and pollution prevention inspections. The Contractor shall update the SWPPP no later than 7 days after the implementation or the approval of any amendments, modifications, or revisions to the erosion and sediment control plan, the pollution prevention plan, or any other component of the SWPPP . Revisions or modifications to the SWPPP shall be approved by the Engineer and shall be doc - umented by the Contractor on a designated plan set (Record Set). All updates to the SWPPP shall be signed by the Contractor and the VDOT Responsible Land Disturber (RLD). 97107.17 The record set of plans shall be maintained with other SWPPP documents on the project site or at a location convenient to the project site where no onsite facilities are available.
107.17 Construction Safety and Health Standards
In the performance of this Contract the Contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The Contractor, subcontractors at any tier, and their respective employees, agents and invitees, shall at all times while in or around the project site comply with all applicable laws, regulations, provisions, and policies governing safety and health under the VOSH Standards adopted under the Code of Virginia, and any laws, regulations, provisions, and policies incorporated by reference including, but not limited to, the Federal Construction Safety Act (Public Law 91-54), 29 CFR 1926, and the Occupation Safety and Health Act (Public Law 91-596), 29 CFR 1910, and subsequent publications updating these regulations. The Contractor shall provide all safeguards, safety devices and protective equipment, and take any other needed actions as it determines, or as the Engineer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public, and to protect property in connec - tion with the performance of the Work. The Contractor shall maintain and supervise all safety and health protections and programs to ensure compliance with this Section. The Contractor shall routinely inspect the project site for safety and health violations. The Contractor shall immediately abate any violations of the safety and health requirements or duties at no cost to the Department. It is a condition of this Contract, and shall be made a condition of each subcontract, which the Con - tractor enters into pursuant to this Contract, that the Contractor and any subcontractor shall not permit any employees, in performance of the Contract, to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to their health or safety, as determined by the Virginia Work Area Protection Manual or under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 USC 3704). VOSH personnel, on all Federal-aid construction contracts and related subcontracts, pursuant to 29 CFR 1926.3, the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out their duties. The Contractor shall maintain a Jobsite Hazard Assessment in accordance with 29 CFR 1910.132 which shall be provided to the Engineer upon request and contain the following requirements, unless otherwise determined unsafe or inappropriate according to OSHA regulations: • Hard hats shall be worn while participating in or observing all types of field work when out- side of a building or outside of the cab of a vehicle, and exposed to, participating in or super - vising construction. • Respiratory protective equipment shall be worn whenever an individual is exposed to any item listed in the OSHA Standards as needing such protection unless it is shown that the employee is protected by engineering controls. • Adequate eye protection shall be worn in the proximity of grinding, breaking of rock and/or concrete, while using brush chippers, striking metal against metal or when working in situations where the eyesight may be in jeopardy. • A safety vest shall be worn by all exposed to vehicular traffic and construction equipment. • Standards and guidelines of the current VWAPM shall be used when setting, reviewing, main- taining, and removing traffic controls. 98107.17 • No person shall be permitted to position themselves under any raised load or between hinge points of equipment without first taking steps to support the load by the placing of a safety bar or blocking. • Explosives shall be purchased, transported, stored, used and disposed of by a Virginia State Certified Blaster in possession of a current criminal history record check and a commercial driver’ s license with hazardous materials endorsement and a valid medical examiner’ s certifi - cate. All Federal, State and local regulations pertaining to explosives shall be followed. • All electrical tools shall be adequately grounded or double insulated. Ground Fault Circuit Interrupter (GFCI) protection must be installed in accordance with the National Electrical Code (NEC) and current VOSH agency. If extension cords are used, they shall be free of de - fects and designed for their environment and intended use. • No person shall enter a confined space without training, permits and authorization. • Fall protection shall be used whenever an employee is exposed to a fall 6 feet or greater.
107.18 Sanitary Provisions
The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of employees as may be necessary to comply with the requirements of the state and local Board of Health or other bodies or tribunals having jurisdiction.
107.19 Railway-Highway Provisions
If the Contractor’ s work requires hauling materials across the tracks of a railway, he shall make arrange - ments with the railway for any new crossing(s) required. Access to existing rail crossings with off-road heavy equipment shall also be arranged by the Contractor. Charges made by the railway company for the construction or use of new or existing crossings and their subsequent removal and for watchperson or flagger service at such crossings shall be reimbursed by the Contractor directly to the railway company under the terms of their separate individual arrangements before final acceptance. Work to be performed by the Contractor in construction on or over the railway right of way shall be performed at times and in a manner that will not unnecessarily interfere with the movement of trains or traffic on the railway track. The Contractor shall use care to avoid accidents, damage, or unnecessary delay or interference with the railway company’ s trains or other property. If any interruption of railway traffic is required by the Contractor’ s actions, he shall obtain prior written approval from the railway company. The Contractor shall conduct operations that occur on or over the right of way of any railway company fully within the rules, regulations, and requirements of the railway company and in accordance with the requirements of any agreements made between the Department and the railway company that are a part of the Contract. Said agreements are included within the Contract.
a.Flagger or Watchperson Services: Flagger or watchperson services required by the railway company for the safety of railroad operations because of work being performed by the Contractor or incidental thereto will be provided by the railway company. The cost for such services as required for work shown on the plans will be borne by the Department. Any cost of such services resulting from work not shown on the plans or for the Contractor’ s convenience shall be borne by the Contrac - tor and shall be paid directly to the railway company(s) under the terms of their separate individual agreement. 99107.19 No work shall be undertaken on or over the railway right of way until the watchpersons or flaggers are present at the project site. The Contractor shall continuously prosecute the affected work to completion to minimize the need for flagger or watchperson services. Costs for such services that the Engineer determines to be unnecessary because of the Contractor’ s failure to give notice as re - quired herein before; initially starting, intermittently continuing, or discontinuing work on or over the railway right of way shall be borne by the Contractor and will be deducted from monies due him.
b.Approval of Construction Methods on Railway Right of Way: The Contractor shall submit to the Department a plan of operations showing the design and method of proposed structural operations and shall obtain its approval before performing any work on the railway company’ s right of way unless otherwise indicated in the railroad agreement. The plan shall be clear and legible, and details shall be drawn to scale. The plan shall incorporate any stipulations or requirements the railroad may impose for the evaluation of the Contractor’ s contemplated operations. The plan shall show, but not be limited to, the following:
1.proximity of construction operations to tracks.
2.depth of excavation with respect to tracks.
3.description of structural units.
4.vertical and horizontal clearances to be afforded the railroad during installation and upon completion of excavation.
5.sheeting and bracing.
6.method and sequence of operations. Approval shall not relieve the Contractor of any liability under the Contract. The Contractor shall arrange the work so as not to interfere with the railway company’ s operation except by agreement with the railway company.
c.Insurance: In addition to insurance or bonds required under the terms of the Contract, the Contractor shall carry insurance covering operations affecting the property of the railway company. The orig - inal railroad protective liability insurance policy and certificate of insurance showing insurance carried by the Contractor and any subcontractors shall be submitted to the railway company for approval and retention. Neither the Contractor nor any subcontractor shall begin any work affecting the railway company until the railway company has received the insurance. Notice of any material change in or cancellation of the required policies shall be furnished the Department and the railway company at least 30 days prior to the effective date of the change or cancellation. The insurance shall be of the following kinds and amounts:
1.Contractor’s public liability and property damage insurance: The Contractor shall furnish evidence to the Department with respect to the operations to be performed that he carries regular contractor’ s public liability insurance. The insurance shall provide for a limit of at least the dollar value specified in the Contract for all damages arising out of bodily injuries to or the death of one person, and subject to that limit for each person, a total limit of at least the dollar value specified in the Contract for all damages arising out of bodily injuries to or death of two or more persons in any one occurrence, and regular contractor’ s 100107.19 property damage insurance providing for a limit of at least the dollar value specified in the Contract for all damages arising out of bodily injury to or destruction of property in any one occurrence, and subject to that limit per occurrence, a total or aggregate limit of at least the dollar value specified in the Contract for all damages arising out of injury to or destruction of property during the policy period. The Contractor’ s public liability and property damage insurance shall include explosion, collapse, and underground damage cov - erage. If the Contractor subcontracts any portion of the work, he shall secure insurance protection in his own behalf under the Contract’ s public liability and property damage insur - ance policies to cover any liability imposed on him by law for damages because of bodily injury to, or death of persons and injury to, or destruction of property as a result of work undertaken by the subcontractors. In addition, the Contractor shall provide similar insurance protection for and on behalf of any subcontractors to cover their operation by means of separate and individual contractor’ s public liability and property damage policies. As an alternative, he shall require each subcontractor to provide such insurance in his own behalf.
2.Railroad protective insurance and public liability and property damage: The policy furnished the railway company shall include coverage for contamination, pollution, explosion, collapse, and underground damage. The policy shall be of the type specified hereinafter and shall be expressed in standard language that may not be amended. No part shall be omitted except as indicated hereinafter or by an endorsement that states an amendment or exclusion of some provision of the form in accordance with the provisions of a manual rule. The form of the endorsement shall be approved as may be required by the supervising authority of the state in which the policy is issued. A facsimile of the Policy Declarations form as shown in the proposal shall be made a part of the policy and shall be executed by an officer of the insurance company. The several parts of the requirements and stipulations specified or inferred herein may appear in the policy in such sequence as the company may elect.
a.For a policy issued by one company: (NAME AND LOCATION OF INDEMNITY COMP ANY), a __________________ (Type of Company) Insurance Company, herein called the Company, agrees with the insured named in the Policy Declarations made a part hereof, in consideration of the payment of the premium and in reliance upon the statements in the Policy Declara - tions made by the named insured and subject to all of the terms of his policy. For a policy issued by two companies: (NAME AND LOCATION OF INDEMNITY COMP ANY) and (NAME AND LOCATION OF INDEMNITY COMP ANY), each a ___________________ Insur - ance Company (Type of Company), herein called the Company, severally agree with the insured named in the Policy Declarations made a part hereof, in consider - ation of the payment of the premium and in reliance upon the statements in the Policy Declaration made by the named insured and subject to all of the terms of this policy, provided the named Indemnity Company shall be the insured with respect to Coverage ______________ and no other and the named Insurance Company shall be the insurer with respect to Coverage _______________ and no other.
b.Insuring agreements:
1.Coverages: Coverage A—Bodily injury liability: To pay on behalf of the insured all sums that the insured shall become legally obligated to pay as damages because 101107.19 of bodily injury, sickness, or disease including death at any time resulting therefrom (hereinafter called bodily injury) either (1) sustained by any person arising out of acts or omissions at the designated job site that are related to or are in connection with the work described in Item 6 of the Policy Declarations; or (2) sustained at the designated job site by the Contractor, any employee of the Contractor, any employee of the governmental authority specified in Item 5 of the Policy Declara - tions, or any designated employee of the insured, whether or not arising out of such acts or omissions. Coverage B—Property damage liability: To pay on behalf of the insured all sums the insured shall become legally obligated to pay as damages because of physical injury to or destruction of property, including loss of use of any property because of such injury or destruction (hereinafter called property damage) arising out of acts or omissions at the designated job site that are related to or are in connection with the work described in Item 6 of the Policy Declarations. Coverage C—Physical damage to property: To pay for direct and accidental loss of or damage to rolling stock and other contents, mechanical construction equip - ment, or motive power equipment (hereinafter called loss) arising out of acts or omissions at the designated job site that are related to or are in connection with the work described in Item 6 of the Policy Declarations; provided such property is owned by the named insured or is leased or entrusted to the named insured under a lease or trust agreement.
2.Definitions: Insured means and includes the named insured and any executive officer, director, or stockholder thereof while acting within the scope of his duties as such. Contractor means the Contractor designated in Item 4 of the Policy Declarations and includes all subcontractors of the Contractor but not the named insured. Designated employee of the insured means (1) any supervisory employee of the insured at the job site; (2) any employee of the insured while operating, attached to, or engaged on work trains or other railroad equipment at the job site that is assigned exclusively to the Contractor; or (3) any employee of the insured not within (1) or
2.who is specifically loaned or assigned to the work of the Contractor for prevention of accidents or protection of property, the cost of whose services is borne specifically by the Contractor or governmental authority. Contract means any contract or agreement to carry a person or property for a con - sideration or any lease, trust, or interchange contract or agreement respecting motive power, rolling stock, or mechanical construction equipment.
3.Defense and settlement supplementary payments: With respect to such insurance as is afforded by this policy under Coverages A and B, the Company shall defend any suit against the insured alleging such bodily injury or property damage and seeking damages that are payable under the terms of this policy, even if any of the allegations of the suit are groundless, false, or fraudulent. However, the Company may make such investigation and settlement of any claim or suit as it deems expedient. 102107.19 In addition to the applicable limits of liability, the Company shall pay (1) all expenses incurred by the company, all costs taxed against the insured in any such suit, and all interest on the entire amount of any judgment therein that accrues after entry of the judgment and before the Company has paid or tendered or deposited in court that part of the judgment that does not exceed the limit of the Company’ s liability thereon; (2) premiums on appeal bonds required in any such suit and premiums on bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy, but without obligation to apply for or furnish any such bonds; (3) expenses incurred by the insured for first aid to oth - ers that shall be imperative at the time of the occurrence; and (4) all reasonable expenses, other than loss of earnings, incurred by the insured at the Company’ s request.
4.Policy period and territory: This policy applies only to occurrences and losses during the policy period and within the United States, its territories or possessions, or Canada.
c.Exclusions: This policy does not apply to the following:
1.liability assumed by the insured under any contract or agreement except a contract as defined herein.
2.bodily injury or property damage caused intentionally by or at the direction of the insured.
3.bodily injury, property damage, or loss that occurs after notification to the named insured of the acceptance of the work by the governmental authority, other than bodily injury, property damage, or loss resulting from the existence or removal of tools, uninstalled equipment, and abandoned or unused materials.
4.under Coverage A(1), B, and C, to bodily injury, property damage, or loss, the sole proximate cause of which is an act or omission of any insured.
5.under Coverage A, to any obligation for which the insured or any carrier as his insurer may be held liable under any workers’ compensation, employment compen - sation, or disability benefits law or under any similar law; provided that the Federal Employer’ s Liability Act, U.S. Code (1946) Title 45, Sections 51-60, as amended, shall for the purpose of this insurance be deemed not to be any similar law
6.under Coverage B, to injury to or destruction of property owned by the named insured or leased or entrusted to the named insured under a lease or trust agreement.
7.under any liability coverage, to injury, sickness, disease, death, or destruction (1) with respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by the Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, or Nuclear Insurance Association of Canada or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) resulting from the hazardous properties of nuclear material and with respect to which any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or the insured is (or had this policy not been issued would 103107.19 be) entitled to indemnity from the United States or any agency thereof under any agreement entered into by the United States, or any agency thereof, with any person or organization.
8.under any Medical Payments Coverage or any Supplementary Payments provision relating to immediate medical or surgical relief or to expenses incurred with respect to bodily injury, sickness, disease, or death resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization.
9.under any liability coverage, to injury, sickness, disease, death, or destruction resulting from the hazardous properties of nuclear material if (1) the nuclear material is at any nuclear facility owned or operated by or on behalf of an insured or has been discharged or dispersed therefrom; (2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported, or disposed of by or on behalf of an insured; or (3) the injury, sickness, disease, death, or destruction arises out of the furnishing by an insured of services, materials, or parts for equipment in connection with the planning, construction, maintenance, operation, or use of any nuclear facility; if such facility is located in the United States, its territories or possessions, or Canada, this exclusion applies only to injury to or destruction of property at such nuclear facility.
10.under Coverage C, to loss attributable to nuclear reaction, nuclear radiation, or radioactive contamination or to any act or condition incident to any of the foregoing.
11.As used in exclusions (7), (8), and (9), the following definitions apply: Disposable material means material containing byproduct material and resulting from the operation by any person or organization of any nuclear facility included in the definition of nuclear facility under (i) or (ii) below. Hazardous properties include radioactive, toxic, or explosive properties. Injury or destruction with respect to injury to or destruction of property, includes all forms of radioactive contamination of property Nuclear facility means:
a.any nuclear reactor.
b.any equipment or device designed or used for separating the isotopes of uranium or plutonium; processing or utilizing spent fuel; or handling, processing, or packaging waste.
c.any equipment or device designed or used for the processing, fabricating, or alloying of special nuclear material if at any time the total amount of such mate - rial in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 (or any combination thereof) or more than 250 grams of uranium 235.
d.any structure, basin, excavation, premises, or place prepared or used for the storage or disposal of waste (includes the site on which any of the foregoing 104107.19 is located, all operation conducted on such site, and all premises used for such operations). Nuclear material means source material, special nuclear material, or byproduct material. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. Source material, special nuclear material, and byproduct material have the mean - ings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component (solid or liquid) that has been used or exposed to radiation in a nuclear reaction.
d.Conditions: The following conditions, except conditions (3) through (12), apply to all coverages. Conditions (3) through (12) apply only to the coverage noted thereunder.
1.Premium: The premium bases and rates for the hazards described in the Policy Declarations are stated therein. Premium bases and rates for hazards not so described are those applicable in accordance with the requirements of the manuals used by the Company. The term “Contract cost” means the total cost of all work described in Item 6 of the Policy Declaration. The term “rental cost” means the total cost to the Contractor for rental or work trains or other railroad equipment, including the remuneration of all employees of the insured while operating, attached to, or en - gaged thereon. The advance premium stated in the Policy Declarations is an esti - mated premium only. Upon termination of this policy, the earned premium shall be computed in accordance with the Company’ s rules, rates, rating plans, premiums, and minimum premiums applicable to this insurance. If the earned premium thus computed exceeds the estimated advance premium paid, the Company shall look to the Contractor specified in the Policy Declarations for any such excess. If the earned premium is less than the estimated advance premium paid, the Company shall return to the Contractor the unearned portion paid. In no event shall payment or premium be an obligation of the named insured.
2.Inspection: The named insured shall make available to the Company records of information relating to the subject matter of this insurance. The Company shall be permitted to inspect all operations in connection with the work described in Item 6 of the Policy Declarations.
3.Limits of liability, Coverage A: The limit of bodily injury liability stated in the Policy Declarations as applicable to “each person” is the limit of the Company’ s lia - bility for all damages (including damages for care and loss of services) arising out of bodily injury sustained by one person as the result of any one occurrence. The limit of such liability stated in the Policy Declarations as applicable to “each occurrence” is (subject to the provision respecting each person) the total limit of the Company’ s liability for all such damage arising out of bodily injury sustained by two or more persons as the result of any one occurrence.
4.Limits of liability, Coverages B and C: The limit of liability under Coverages B and C stated in the Policy Declarations as applicable to “each occurrence” is the total limit of the Company’ s liability for all damages and all loss under Coverages 105107.19 B and C combined arising out of physical injury to, destruction of, or loss of all property of one or more persons or organizations, including the loss or use of any property attributable to such injury or destruction under Coverage B, as the result of any one occurrence. Subject to the provision respecting “each occurrence”, the limit of liability under Coverages B and C stated in the Policy Declaration as “aggregate” is the total limit of the Company’ s liability for all damages and all loss under Coverages B and C combined arising out of physical injury to, destruction of, or loss of proper - ty, including the loss or use of any property attributable to such injury or destruction under Coverage B. Under Coverage C, the limit of the Company’ s liability for loss shall not exceed the actual cash value of the property, or if the loss is a part thereof, the actual cash value of such part, at time of loss, nor what it would then cost to repair or replace the property of such part thereof with other of like kind and quality.
5.Severability of interests, Coverages A and B: The term the insured is used severally and not collectively. However, inclusion herein of more than one insured shall not operate to increase the limits of the Company’ s liability.
6.Notice: In the event of an occurrence or loss, written notice containing particulars sufficient to identify the insured and also reasonably obtainable information with respect to the time, place, and circumstances thereof and the names and addresses of the injured and of able witnesses shall be given by or for the insured to the Company or any of its authorized agents as soon as is practicable. If a claim is made or a suit is brought against the insured, he shall immediately forward to the Company every demand, notice, summons, or other process received by him or his representative.
7.Assistance and cooperation of the insured, Coverages A and B: The insured shall cooperate with the Company and upon the Company’ s request attend hearings and tcooperate with the Company and upon the Company’ s request attend hearings and trials and assist in making settlements, securing and giving evidence, obtain - ing the attendance of witnesses, and conducting suits. Except at his own cost, the insured shall not voluntarily make any payment, assume any obligations, or incur any expense other than for first aid to others that shall be imperative at the time of an accident.
8.Action against Company, Coverages A and B: No action shall lie against the Company unless as a condition precedent thereto the insured shall have fully complied with all the terms of this policy, nor until the amount of the insured’ s obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant, and the Company. Any person or organization or the legal representative there - of who has secured such judgment or written agreement shall thereafter be en - titled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the Company as a part to any action against the insured to determine the insured’ s liability. Bankruptcy or insolvency of the insured or of the insured’ s estate shall not relieve the Company of any of its obligations hereunder.
9.Action against Company, Coverage C: No action shall lie against the Company unless as a condition precedent thereto there shall have been full compliance with all 106the terms of this policy nor until 30 days after proof of loss is filed and the amount of loss is determined as provided in this policy.
10.Insured’s duties in event of loss, Coverage C: In the event of loss, the insured shall protect the property, whether or not the loss is covered by this policy. Any further loss attributable to the insured’ s failure to protect shall not be recoverable under this policy. Reasonable expenses incurred in affording such protection shall be deemed incurred at the Company’ s request. The insured shall also file with the Company, as soon as practicable after loss, his sworn proof of loss in such form and including such information as the Company may rea - sonably require and shall, upon the Company’ s request, exhibit the damaged property.
11.Appraisal, Coverage C: If the insured and the Company fail to agree as to the amount of loss, either may demand an appraisal of the loss within 60 days after the proof of loss is filed. In such event the insured and the Company shall each select a competent appraiser, and the appraisers shall select a competent and disinterested umpire. An award in writing or any two shall determine the amount of loss. The in - sured and the Company shall each pay his chosen appraiser and shall bear equally the other expenses of the appraisal and umpire. The Company shall not be held to have waived any of its rights by any act relating to appraisal.
12.Payment of loss, Coverage C: The Company may pay for the loss in money, but there shall be no abandonment of the damaged property to the Company.
13.No benefit to bailee coverage: The insurance afforded by this policy shall not enure directly or indirectly to the benefit of any carrier or bailee (other than the named insured) liable for loss to the property.
14.Subrogation: In the event of any payment under this policy, the Company shall be subrogated to all of the insured’ s rights of recovery therefor against any person or organization. The insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights.
15.Application of insurance: The insurance afforded by this policy is primary insurance. If the insured has other primary insurance against a loss covered by this policy, the Company shall not be liable under the policy for a greater proportion of such loss than the applicable limit of liability stated in the Contract bears to the total applicable limit of all valid and equitable insurance against such loss.
16.3-year policy: A policy period of 3 years is comprised of three consecutive annual periods. Computation and adjustment of earned premium shall be made at the end of each annual period. Aggregate limits of liability as stated in this policy shall apply separately to each annual period.
17.Changes: Notice to any agent of knowledge possessed by any agent or by any other person shall not affect a waiver or a change in any part of this policy or stop the Company from asserting any right under the terms except by endorsement issued to form a part of this policy signed by *_______________ provided, however, changes may be made in the written portion of the Policy Declaration by *_______________ when initialed by such *_______________ or by endorsement 107.19 107issued to form a part of this policy signed by such *_______________. [*Insert titles of authorized company representatives.]
18.Assignment: Assignment of interest under this policy shall not bind the Company until its consent is endorsed hereon.
19.Cancellation: This policy may be cancelled by the named insured by mailing to the Company written notice stating when the cancellation shall become effective. This policy may be cancelled by the Company by mailing to the named insured, Contractor, and governmental authority at the respective addresses shown in this policy written no - tice stating when such cancellation shall be effective (not less than 30 days thereafter). The mailing of notice shall be sufficient proof of notice. The effective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the named insured or the Company shall be equivalent to mailing. If the named insured cancels, the earned premium shall be computed in accor - dance with the customary short rate table and procedure. If the Company cancels, the earned premium shall be computed pro rata. The premium may be adjusted either at the time cancellation is effected or as soon as practicable after the cancellation becomes ef - fective, but payment or tender of unearned premium is not a condition of cancellation.
20.Policy Declarations: By acceptance of this policy, the named insured agrees that such statements in the Policy Declarations as are made by him are his agreesuch statements in the Policy Declarations as are made by him are his agreements and representations, that his policy is issued in reliance on the truth of such representa - tions, and that this policy embodies all agreements existing between himself and the Company or any of its agents relating to this insurance.
e.For a policy issued by one company: In witness whereof, the ________________ Indemnity Company has caused this policy to be signed by its president and a secretary at ________________ and countersigned on the Policy Declarations page by a duly authorized agent of the Company. (Facsimile of Signature) (Facsimile of Signature) Secretary President For a policy issued by two companies: In witness whereof, the _____________________ Indemnity Company has caused this policy with respect to Coverages ________________ and such other parts of the policy as are applicable thereto to be signed by its presi - dent and a secretary at ________________ and countersigned on the Policy Declarations page by a duly authorized agent of the Company. (Facsimile of Signature) (Facsimile of Signature) Secretary President
d.Submitting Copies of Insurance Policies: Prior to beginning construction operations on or over the railway right of way, the Contractor shall submit to the Department evidence of the railway company’ s approval and a copy of the required insurance policies. The Commonwealth will not be responsible for any claims from the Contractor resulting from delay in the acceptance of any of these policies by the railway company other than consideration of an extension of time. If the delay is 107.19 108caused by the failure of the Contractor or his insurer to file the required insurance policies promptly, an extension of time will not be granted.
e.Beginning Construction: Preliminary contingent work or other work by the railway company may delay the starting or continuous prosecution of the work by the Contractor. The Contractor shall be satisfied as to the probable extent of such work and its effect on the operations prior to submitting a bid for the work. The Commonwealth will not be responsible for any claims by the Contractor resulting from such delays except that an extension of time may be considered.
f.Arranging for Tests:
1.Railroad specifications: When ordering materials that are to conform to railroad specifications, the Contractor shall notify the railway company, who will arrange for tests. The Contractor shall specify in each order that the materials are to be tested in accordance with the requirements of the railroad specifications and not those of the Department.
2.Highway Specifications: When ordering materials that are to conform to highway specifi- cations, the Contractor shall specify in each order that the materials are to be tested in accordance with the requirements of Department Specifications.
107.20 Construction Over or Adjacent to Navigable Waters
The Department will obtain a permit from the U.S. Coast Guard for the anticipated construction and/or demolition activities of structures on Department projects that cross a waterway(s) under the jurisdiction of the U.S. Coast Guard. As the permit holder, the Department must apply to the U.S. Coast Guard for approval of permit modifications to the original Department permit that the Contractor requests. Prior to starting demolition or construction operations the Contractor shall meet with the Engineer and the U.S. Coast Guard (U.S. Coast Guard Coordination Meeting) to present its planned operations and the potential impacts those operations may pose to water traffic. As part of this meeting, the parties shall establish in writing the proper protocol for emergency closures and be governed accordingly.
a.Activities subject to Coast Guard regulation under the Permit . Following the U.S. Coast Guard Coordination meeting, the Contractor shall submit its proposed schedule of operations in writing to the Engineer. The Engineer shall review and provide written comments, if applicable, to the Contractor within 7 days following receipt of the Contractor’ s schedule of operations. The Contractor shall incorporate the Engineer’ s comments and submit its notice of scheduled opera - tions to the Engineer and to the U.S. Coast Guard at least 30 days prior to commencement of any permitted construction or demolition operations. U.S. Coast Guard acceptance of the Contractor’ s written schedule of operations is a condition precedent to the Contractor’ s commencement of those operations.
b.Activities that require channel closures or restrictions . In addition to the submittal of its proposed schedule of operations as described in (a) above, Contractor shall submit plans that comply with the Permit for falsework, cofferdams, floating equipment and other obstructions to the channel or channels to the Engineer. The Contractor’ s attention is directed to the possibility that advance notification for consideration of approval may vary depending on the type and duration of proposed closures, the time of year for requested closure(s), and location of existing bridge(s) and water - way(s) involved, and the impact to entities served along or through the waterway(s). The Engineer shall review and provide written comments, if applicable, to the Contractor within 30 days following 107.19 109receipt of the Contractor’ s plans. The Contractor shall incorporate the Engineer’ s comments and submit its plans to the Engineer and to the U.S. Coast Guard at least 30 days prior to commencement of any permitted construction or demolition operations. The Contractor may not commence activi - ties that require channel closures or restrictions without the prior written approval of the Department and the U.S. Coast Guard. The Contractor shall be responsible for complying with all operational requirements that the U.S. Coast Guard may place on the Contractor as conditions of approval. In addition, the Contractor shall request and obtain Department and U.S. Coast Guard approval in writing before commencing any operations that deviate from the Contractor’ s schedule of operations when these operations interfere or have the potential to interfere with navigation of water traffic outside of timeframes previously approved by the Department and the U.S. Coast Guard. Notices shall be sent to the U.S. Coast Guard, Fifth District Bridge Office (OBR), 431 Crawford Street, Portsmouth, V A 23704-5004. Payment of any penalty or fine that may be levied by the U.S. Coast Guard for Contractor violations of bridge regulations found in 33 CFR Parts 114, 115, 116, 117 and 118 shall be the responsibility of the Contractor. Further, any delay to the Contract as a result of actions or inaction by the Contractor relative to the requirements herein that are determined by the Department to be the fault of the Contractor will be a non-compensable and non-excusable delay. The cost to comply with the requirements of this provision and to provide and maintain tempo - rary navigation lights, signals and other temporary work associated with the structure(s) under this Contract required by the U.S. Coast Guard for the protection of navigation during construction or demolition operations shall be included in the bid price for other appropriate pay items.
107.21 Size and Weight Limitations
a.Hauling or Moving Material and Equipment on Public Roads Open to Traffic: The Contractor shall comply with legal size and weight limitations in the hauling or moving of material and equip - ment on public roads open to traffic unless the hauling or moving is covered by a hauling permit.
b.Hauling or Moving Material and Equipment on Public Roads Not Open to Traffic: The Contractor shall comply with legal weight limitations in the hauling or moving of material and equipment on public roads that are not open to traffic unless the hauling or moving is permitted elsewhere herein or is otherwise covered by a hauling permit. The Contractor shall be liable for damage that results from the hauling or moving of material and equipment. The hauling or moving of material and equipment on the pavement structure or across any structure during various stages of construction shall be subject to additional restrictions as specified or directed by the Engineer.
c.Furnishing Items in Component Parts of Sections: If the size or weight of fabricated or manufactured items together with that of the hauling or moving vehicle exceeds the limitations covered by hauling permit policies and other means of transportation are not available, permission will be given to furnish the items in component parts of sections with adequately designed splices or connections at appropriate points. Permission for such adjustments shall be requested in writing, and approval in writing shall be secured from the Department prior to fabrication or manufacture of the items. The request shall state the reasons for adjustment and shall be accompanied by supporting data, including working drawings where necessary.
d.Construction Loading of Structures: In the construction, reconstruction, widening, or repair of bridge, culvert, retaining wall, and other similar type structures including approaches, the Con -107.21 110tractor shall consider construction loads during the planning and prosecution of the work. If the loading capacity of these type structure(s) is not shown in the Contract, the Contractor is responsible for contacting the office of the appropriate district bridge engineer to obtain the loading capacity information. Construction loads include but are not limited to the weight of cranes, trucks, other heavy construction, or material delivery equipment, as well as the delivery or storage of materials placed on or adjacent to the structure or parts thereof during the various stages (phases) of the work in accordance with the Contractor’ s proposed work plan. The Contractor shall consider the effect(s) of construction loads on the loading capacity of these type structure(s) in his sequencing of the work and operations, including phase construction. At the Engineer’ s request the Contractor shall be prepared to discuss or review his proposed operations with the Engineer with regard to construction loads to demonstrate he has taken such into consideration in the planning and execution of the work. SECTION 108—PROSECUTION AND PROGRESS OF WORK
108.01 Prosecution of Work
The Contractor shall provide sufficient labor, materials, equipment, and tools; and shall prosecute the Work with such means and methods and with such diligence as is required to attain and maintain a rate of progress necessary to ensure completion of the project within the Contract time limit in accordance with the plans, specifications, and other requirements of the Contract. Once the Contractor has begun work, the Contractor shall prosecute the Work continuously and to the fullest extent possible except for suspensions authorized or ordered by the Engineer according to Section
108.05 If approval is given to suspend the work temporarily, the Contractor shall notify the Engineer at
least 24 hours in advance of resuming operations. The Contractor shall notify the Engineer at least 24 hours in advance of any changes in the Contractor’ s planned operations or work requiring inspection.
108.02 Limitation of Operations
a.General The Contractor shall conduct the work in a manner and sequence that will ensure its expeditious completion with the least interference to traffic and shall have due regard for the location of detours and provisions for handling traffic. The Contractor shall not open any work to the prejudice or det - riment of work already started. The Engineer may require the Contractor to finish a section of work before work is started on any other section.
b.Holidays Except as is necessary to maintain traffic, work shall not be performed on Sundays or the fol-lowing holidays without the permission of the Engineer: January 1, Easter, Memorial Day, July 4, Labor Day, Thanksgiving Day, and Christmas Day. If any of these holidays occurs on a Sunday, the following Monday shall be considered the holiday. In addition to the Sunday or Holiday work limitations, mobile, short duration, short-term stationary, or intermediate-term stationary temporary traffic control zone (as defined in the VW APM) lane 107.21
Source: Virginia Road and Bridge Specifications, 2020 Edition. Pages 98–137 of 1,065.