107LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

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1-74SECTION 107 – LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLI C

107.01LAWS TO BE OBSERVED

and state laws and local bylaws, ordinances, and regulations in any manner affecting the conduct of the work and the action or operation of those engaged in the work , including all orders or decrees as exist at present and those which may be enacted later by bo dies or tribunals having jurisdiction or authority over the work , and the Contractor shall defend, indemnify, and save harmless the state and all its officers, agents, and employees against any claim or liability arising from or based on the violation of any such law, bylaws, ordinances, regulations, order, or decree, whether by the Contractor in person, by the employees of the Contractor, or by a subcontract or or supplier.

contrary to or inconsistent with any law, ordinance, regulation, order, or decree, the Contractor shall immediately report it to the Engineer in writing.

regulations promulgated and enforced by OSHA, VOSHA , and state and federal environmental protection agencies.

hazardous wastes , such as waste crankcase and hydraulic oils and waste paint generated by construction operations. Refer to the Vermont Agency of Natural Resources , Department of Environmental Conservation and 10 V.S.A. , Chapter 159.

Act and shall ensure that individuals with disabilities have equal access to the services, programs , and employment activities/opportunities offered by the Contractor under th e Contract.

amended. On all Contracts, the Contractor shall submit a listing of payments to subcontract ors using the Contractors Reporting – Prompt Pay system on the Agency’s Office of Civil Rights and Labor Compliance website. This report shall be submitted by an authorized representative on a monthly basis for the duration of the Co ntract and shall be received on or before the tenth working day after the end of the month.

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1-75Contractors without access to the prompt pay reporting website shall submit manual reports to the

Office of Civil Rights and Labor Compliance using the Prompt Pay Manual Reporting Form. The form can be found on the Agency ’s Office of Civil Rights and Labor Compliance website. Manual reports shall be signed by an authorized representative , sent to the Agency ’s Office of Civil Rights and Labor Compliance , and postmarked on or before the tenth working day after the end of the month . The cost for this work will be incidental to the Contract . In accordance with 9 V.S.A. § 4003 , notwithstanding any contrary agreement, payments made to subcontract ors after 7 calendar days from receipt of a corresponding progress payment by the state to the Contractor, or 7 calendar days after receipt of a subcontract or’s invoice, whichever is later, violate this agreement. Violations shall be reported to the Agency ’s Office of Civil Rights and Labor Compliance for review. Failure to resolve disputes in a timely manner may result in a complaint made to the Agency ’s Prequalification Committee. This committee may impose appropriate penalties for failing to comply with this specification. Penalties may include suspension, reduction , or revocation of the Contractor’s prequalification rating. This clause shall be included in the Contractor’s contract made with all of its subcontract ors.

provisions and requirements of all federal and state labo r laws and with the wage requirements set forth in detail in the Contract. In case of conflicts between wage determinations made by the U.S. Department of Labor and the minimum wage established by statute, the larger of the two amounts shall be the minimum wage for that classification.

Standards Ac t of 1938 , as amended , 29 U.S.C., Chapter 8 .

1938 , as amended, can be found on the U.S. Department of Labor website or by contacting the U.S. Department of Labor Wage and Hour Division: U.S. Department of Labor Wage and Hour Division Manchester District Office 1155 Elm Street, Suite 501 Manchester, NH 03101 Phone: 1 -603-666-7716 1-866-4-USWAGE (1 -866-487-9243) 107 1-76 (3) Contract Work Hours and Safety Standards Act .

the Wage and Hour Division. This act applies to Contractors and subcontract ors with federal service contracts and federally funded and assisted construction contracts over $100,000. Covered contracts include those entered into by the United States, any agency or instrumentality of the United States, any territory of the United States, or the District of Columbia. This act also extends to federally assisted construction contracts subject to Davis - Bacon and Related Acts wage standards where the federal government is not a direct party, except those contracts where the federal assistance takes the form only of a loan guarantee or insurance.

Standards Act requires Contractors and subcontract ors with covered Contracts to pay laborers and mechanics employed in the performance of the Contracts one and one-half times their basic rate of pay for all hours worked over 40 in a workweek.

Acts wage rate requirements, the following also applies.

been incorporated in the proposal may not contain all job classifications necessary for the work contemplated under the Contract. The Contractor is independently responsible for ascertaining area practice with respect to the necessity, or lack thereof, for the use of any job classifications in the prosecution of the work contemplated by the project. No inference concerning prevailing area practices relative to their use may be drawn from the omission of these job classifications. Further, the omission of a job c lassification shall not be construed as establishing governmental liability for increased labor cost.

Agency any requests for missing job classifications and proposed wage ra tes.

of the Vermont Workers’ Compensation Act and to Vermont statutes regulating employment of minors.

V.S.A. , Chapter 5, Subchapter 6 relating to fair employment practices to the extent applicable. A similar provision shall be included in all subcontracts. 107 1-77 (h) Cargo Preference Requirement . All Contractors and subcontractors shall follow the requirements of 46 C .F.R. § 381.7 . Guidance on cargo preference requirements can be found on the FHWA website.

107.02PERMITS, LICENSES, AND TAXES . The Contractor shall procure all permits and licenses, pay

all charges, fees, and taxes, and give all notices necessary and incidental to the lawful prosecuti on of the work .

107.03PATENTED DEVICES, MATERIALS, AND PROCESSES . If any design, device, material , or

process covered by letters of patent or copyright is used by the Contractor, whether required or not, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner . A copy of this agreement shall be filed with the Agency. The Contractor and the Contractor’s surety shall defend, indemnify, and save harmless the state, any affected third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material , or process, or any trademark or copyright, and shall indemnify the state for any costs, expenses, and damages including reasonable attorney’s fees which it may be oblige d to pay by reason of any infringement at any time during the prosecution or after the completion of the work .

107.04FEDERAL -AID PROVISIONS . The Contractor acknowledges that pursuant to the provisions of

23 U .S.C., and acts amendatory thereto, as well as any and all other federal legislation appropriating funds to the state, the federal government may pay a portio n of the cost of this project . The above act of Congress provides that the construction work and labor on any federal -aid project in Vermont shall be done in accordance with its laws and under the direct supervision of the Agency, subject to the inspection and acceptance of the U .S. Department of Transportation or appropriate federal agency and in accordance with the rules and regul ations made pursuant thereto. Therefore, the construction work will be subject to such inspection by the U .S. Department of Transportation or appropriate federal agency or its agent as deemed necessary to meet the above requirements. Such inspection will i n no sense make the federal government a party to th e Contract and will in no way interfere with the rights of either party hereunder.

107.05SANITARY PROVISIONS . The Contractor shall provide and maintain, in a neat and sanitary

condition, such accommodations for the use of its employees as necessary to comply with the requirements and regulations of the state or local Boar ds of Health at no expense to the Agency.

107.06PLANT PEST CONTROL REQUIREMENTS . Soil and soil moving equipment are subject to

plant quarantine regulations. In general, these regulations provide for cleani ng soil from equipment before it is moved from a project . Complete information may be secured from the Vermont Agency of Agriculture , Food , and Markets and the U.S. Department of Agriculture plant and pest control inspectors.

107 1-78 107.07 PUBLIC CONVENIENCE AND SAFETY .

types of traffic. The safety and convenience of the general public and the residents within the construction area and the protection of persons and property shall be provided fo r by the Contractor as specified in Subsection 104.04 .

yard(s) in the same manner as required for material sources and disposal areas in Subsection 105. 26 and shall be performed in accordance with Section 609 or as directed by the Engineer. Unless otherwise provided, dust control will not be paid for directly, but will be considered incidental to all other Contract items. The Engineer will direct the use of all necessary dust control within the limits of the work performed under the Contract. Under those Contracts which contain pay items for dust control, the dust control within the construction area shall be performed in accordance with the requirements of Section 609 and will be paid for under the appropriate Contract item(s). Under those Contracts

which do not contain pay items for dust control, the necessary dust control shall be performed in

accordance with the requirements of Section 609 and the cost will not be paid for directly but will

be considered incidental to all other Contract items.

minimum obstruction to the traveling public and snow removal operations.

apparatuses at all times, and no material or obstruction shall be placed within 15 feet of any

hydrants.

roadway under construction shall be obstructed only when necessary. If a sidewalk is obstructed,

temporary pedestrian access meeting the requirements of the Americans with Disabilities Act and

the MUTCD shall be provided around the obstructed area.

less for a period longer than one working day, the Contractor shall notify the Engineer of the date

of the first day and the anticipated period of time such a lane restriction will be in effect. This

notification shall be provided at least 14 calendar days prior to the beginning of the lane restriction

so that the Engineer may provide proper notification to the Oversized/Overweight Permits section

of the Commercial Vehicle Operations unit of the Vermont Department of Motor Vehicles and the

Agency’s Transportation Management Center. When the date of the removal of the restriction

becomes known, the Contractor shall notify the Engineer so that notification can be provided to

these entities.

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this Contract will be permitted to stop or park on the travel lane or shoulders of the highway or

intersecting highways. All vehicles or equipment so stopped or parked shall be at least 4 feet from

the edge of the through traffic lanes. Parking or stopping on the traveled portion of the roadway

will not be permitted unless authorized by the Engineer to meet field conditions.

Private automobiles of workers will not be permitted to stop or park on the travel lane or shoulders

of the highway or intersecting highways.

Each of the Contractor’s trucks or equipment used for the construction of this project and permitted

to park or stop as provided above shall be equipped with flashing light signals on the front and rear

and the signals shall be operating at all times when parked or stopped on the highway unless

otherwise authorized by the Engineer.

The flashing light signals shall be visibly distinct from and physically separate from the hazard

warning system required by federal and state motor vehicle laws and regulations. At least one of

these flashing light signals shall be visible to traffic approaching from any angle at all times.

The procedure shown on the traffic control plan shall be strictly adhered to whenever the

Contractor’s vehicles or equipment (including that belonging to the individual workers) enter or

leave the traffic flow. All movement, in or out of the traffic flow, shall be with the flow of traffic.

Equipment, materials, or vehicles shall be parked or placed a minimum of 30 feet from the edge

of pavement in all directions or a minimum of 10 feet behind guardrail when not being used.

107.08TRAFFIC CONTROL DEVICES

plan shall be installed prior to beginning other work. Additional traffic control devices necessary

for work on any portion of the project shall also be installed prior to beginning work on that

portion.

All traffic control devices shall conform to the MUTCD. The Contractor shall have available on

the project the current applicable editions of both the MUTCD and the Standard Highway Signs

and Markings book.

The Contractor shall furnish, erect, and maintain all signs, barricades, lights, signals, and other

traffic control devices necessary for the protection of the work and safety of the traveling public.

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patterns within a construction or detour area, or otherwise create a potentially misleading,

confusing, or hazardous condition for the traveling public, the markings shall be completely

removed or obliterated by the Contractor to the satisfaction of the Engineer. Painting over the

existing lines is not acceptable. Unless otherwise specified in the Contract, no direct payment will

be made for this work, which will be considered incidental to all other Contract items.

where operations interfere with the use of the road by traffic and all locations where the new work

crosses or coincides with an existing road.

warning, direction, and detour signs at all closures and intersections. Along the construction and

detour routes, the Contractor shall provide and maintain acceptable warning, direction, and detour

signs directing traffic around the closed portion or portions of the highway so that the temporary

detour routes shall be indicated clearly throughout their entire length.

other approved barriers, which shall be reflectorized or illuminated.

When a section of an existing sidewalk is closed to pedestrians, suitable barricades and warning

signs conforming to the Americans with Disabilities Act and the MUTCD shall be installed. If

channelizing devices are used to establish a temporary pedestrian route, those devices shall

conform to the MUTCD.

as directed by the Engineer.

to call attention to special or hazardous conditions. If warning lights are used those devices shall

conform to the MUTCD.

control devices shall be considered incidental to all other items in the Contract unless otherwise

specified.

remove traffic control devices, the Engineer may have such installations made, maintained, or

removed, and the cost thereof shall be deducted from the monies due the Contractor.

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107.09RESPONSIBILITY FOR THE USE OF FLAGGERS

flaggers at any location on the project where equipment or construction operations will interfere

with the movement or safety of the traveling public. This includes operations where equipment

enters, leaves, or crosses normal traffic lanes being used or set aside for the traveling public and

locations where heavy equipment is operating adjacent to areas where traffic is moving. Highway

flaggers may not be required at locations manned by uniformed traffic officers assigned for the

protection of the traveling public as a pay item of the Contract. Where needed to ensure safe ingress

and egress for activities associated with the construction of the project, the Engineer may require

the use of highway flaggers at locations off the project site.

The dress, equipment, and procedures of all highway flaggers shall conform to the requirements

of the MUTCD and Section 630.

where equipment or construction operations will interfere with the movement or safety of the trains

in advance of entry into the Operating Railroad right-of-way. This includes any operation where

equipment enters, leaves, or crosses the Operating Railroad right-of-way within the project limits.

Also refer to the provisions of Section 632 as they may apply to the use of railroad flaggers. Where

needed to ensure safe ingress and egress for activities associated with the construction of the

project, the Engineer or the Operating Railroad may require the use of railroad flaggers at locations

outside of the project site.

107.10USE OF EXPLOSIVES

use the utmost care to protect life and property and, whenever directed by the Engineer, shall

reduce the number and size of explosive charges. Blasting mats shall be used when required by

regulation or deemed necessary by the Engineer.

to persons and injury or destruction of any property arising out of the storage and use of explosives.

all damage or injury to persons or property caused either directly or indirectly by the Contractor’s

or a subcontractor’s use of explosives. The liability of the Contractor shall apply equally to damage

or injury to persons or property whether said injury or damage occurs within or outside of the right-

of-way. The cost of all precautionary measures will not be paid for directly but will be considered

incidental to the Contract.

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the existing condition of all structures that have the potential to be damaged by blasting operations.

This documentation shall be in the form of a video or pictures, with sufficient description, and

shall be supplied to the Engineer prior to any blasting on the project. The costs of preparing this

documentation will not be paid for directly but will be considered incidental the Contract.

period delay detonators shall come from the same lot number. Mixing of lot numbers for any one

detonator period is prohibited.

All explosives and detonators used on the project shall be clearly marked and dated from the

manufacturer and be one year or less of age. No blasting product shall be brought to the job site if

the date codes are missing.

When, in the opinion of the Engineer, any blasting product appears to be in a deteriorated

condition, all work shall cease until the product’s quality can be determined.

controlled, stored, and monitored as prescribed by the most stringent rules promulgated by the

federal, state, and local governments, including the VOSHA Safety and Health Regulations for

Construction, Subpart U.

The blaster-in-charge shall be responsible for ensuring the security of explosive materials used or

kept on the project site at all times. Explosives shall only be handled by or under the direct

supervision of the blaster-in-charge. All explosives shall be stored securely at locations clearly

marked “DANGER – EXPLOSIVES” and all storage locations shall be supervised and controlled

by a competent, trained person at all times.

No unexploded charges shall remain in the work area unattended or be left on the project when

construction operations cease for the day. Overnight explosive storage on the project site is

prohibited. All unused explosives materials shall be returned to the explosive supplier’s or the

Contractor’s licensed off-site facilities at the end of each day.

telephone, radar, television, and related transmitters, premature explosion of electric blasting caps

may occur. Such transmitters are in general use in Vermont, including by police departments, fire

departments, political subdivisions, utility companies, commercial carriers, private and public

enterprises, and individuals.

The Contractor and subcontractors shall take all precautions necessary to prevent premature

explosions of electric blasting caps either individually or when they are connected into a circuit.

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equipment during the entire period of blasting operations and during the periods that explosives

are on site. The equipment shall provide real time audio and visual alarms based on combined

detection of electromagnetic, electrostatic, light wave spectral, and audio disturbances, or a

commercial service based on these at a minimum as approved by the Engineer. Equipment shall

be capable of detecting lightning within a minimum radius of 25 miles from the center of the blast

area. When a lightning detector indicates a blasting hazard potential exists, the following actions

shall be taken:

day storage area or explosives transport and storage truck.

until the lightning hazard has passed.

continue.

utility that owns, leases, or occupies property or structures near the site of the work, of plans to

use explosives. Notice shall be given at least 24 hours in advance of the pending blast and again

at least 2 hours prior to blasting to enable people to take such steps to protect their property or

structure from injury as they may deem necessary. Provision of notice shall not relieve the

Contractor of responsibility for any damage resulting from the Contractor’s blasting operations.

No person shall be inside the blasting zone, as defined by the blaster-in-charge, at the time of

blasting. The Contractor shall establish a method of warning all employees on the project site and

the public of an impending blast. Five minutes prior to the blast, three long signals on an air horn,

siren, or whistle shall be sounded. One minute prior to the blast, two short signals on an air horn,

siren, or whistle shall be sounded. After the Contractor confirms complete detonation of the blast,

the all-clear shall be one long signal of at least 10 seconds in duration on an air horn, siren, or

whistle to indicate that blasting has ceased. The meaning and timing of these signals shall be

communicated to residents, property owners, and businesses near the site of work prior to

performing any blasting operations.

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If blasting is within 200 feet of a railroad, a notification shall be provided to the Agency.

Prior to blasting operations, the Contractor shall install warning signs in conformance with the

MUTCD. Warning signs shall be located in prominent positions and be visible to any person

approaching the blasting point. Flaggers shall be stationed outside the blasting zone to stop all

approaching traffic during blasting operations. Payment for furnishing, erecting, and maintaining

warning signs will be considered incidental to the Contract.

to, the following reasons:

prescribed limits of excavation.

Suspension of blasting operations shall in no way relieve the Contractor of their responsibilities

under the terms of the Contract. Blasting operations shall not resume until modifications have been

made to correct the conditions that resulted in suspension and based on approval by the Engineer.

No additional payments or time extensions will be made by the Agency due to the suspension of

blasting operations.

shall indicate the peak particle velocity (PPV) of the blast. The PPV sensitivity as reported shall

range from less than 0.02 inches per second to more than 5.0 inches per second. The Engineer

reserves the right to request more than one instrument to monitor the blasting if there is a need for

monitoring in more than one direction from the blasting area. The costs of the monitoring and

preparing the reports will not be paid for directly but will be considered incidental to the Contract.

107.11PROTECTION AND RESTORATION OF PROPERTY

the work.

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authorized agent has witnessed or otherwise referenced their locations, monuments, and

property markers.

damage by construction operations.

existing roadway and existing structures which are to be retained for public travel are left in as

good a condition as when the Contractor commenced work. The Contractor shall not move or use

equipment on any pavement or structure in a manner that may or does cause damage.

or injury to, or destruction of, property of any type resulting from any act, omission, neglect, or

misconduct of the Contractor’s manner or method of executing the work, due to the Contractor’s

non-execution of said work, or due to defective work or materials. The Contractor’s responsibility

shall not be released until the work has been completed and accepted and the applicable statute of

limitations has expired.

or private property by or on account of any act, omission, neglect, or misconduct in the execution

of the work or in consequence of the non-execution thereof on the part of the Contractor, such

property shall be restored at the Contractor’s expense to a condition similar or equal to that existing

before such damage or injury was done or the Contractor shall make good such damage or injury

in an acceptable manner.

functionality of existing traffic signals and/or street lighting equipment, the Engineer may require

the Contractor to clean said equipment prior to project completion. Cleaning of traffic signals and

ancillary equipment shall include all vehicle and pedestrian signal face lenses (inside and outside).

Further, the inside of the controller cabinet shall be vacuumed and any vent filter shall be replaced;

cleaning of streetlights shall include both the lens (inside and outside) and the reflector. The

cleaning of electrical equipment shall be done by a traffic signal/electrical contractor. Any

equipment that is damaged in the cleaning process shall be repaired or replaced at the Contractor’s

expense. The costs for cleaning will not be paid for directly but will be considered incidental to all

other items in the Contract.

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of the three mutually perpendicular components of particle velocity shall be limited as shown in

Table 107.11A.

TABLE 107.11A – MAXIMUM PEAK PARTICLE VELOCITY

Type of Structure

Max. PPV Limit (in./sec.)

Frequencies

< 40 Hz

Frequencies

≥ 40 Hz

Modern homes, drywall interior 0.75 2.0

Older homes, plaster on wood or lath 0.50 2.0

The Agency reserves the right to lower the PPV limit in areas where there may be structures or

elements with a higher sensitivity to ground vibration. Adherence to this specification does not

waive the Contractor’s responsibility for damage as specified in this subsection and in Subsection

107.15

107.12PROTECTION AND RESTORATION OF UTILITIES AND SERVICES

public and private services. These services include, but are not limited to, gas, water, sewer and

drainage pipes, springs, wells, septic tanks, cesspools, telephone, television, and other

communication and electrical services. Services may be located on or adjacent to the project,

above, on, or under the ground, and may not be shown on the Plans.

86.

owners, operators, occupants, or lessees of all the public or private services of any work to be done

on, over, under, adjacent to, or in proximity to said utilities during the construction of the project.

Further, the Contractor shall again notify the aforesaid parties 7 to 14 calendar days in advance of

starting such work to enable them to take steps as they may deem necessary to protect their

property or structures from damage. Provision of notice shall not relieve the Contractor of its

responsibility for any damage resulting from the Contractor’s work.

project limits shall be allowed free and full access with the tools, materials, and equipment

necessary to install, operate, maintain, place, replace, relocate, and remove service facilities. No

compensation will be paid to the Contractor for any inconvenience caused by working with these

parties or around or with their services.

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shall be as shown in the Contract or as directed by the Engineer.

in order that the service removal and/or relocation operation will progress in a reasonable manner,

that duplication or temporary relocation work may be reduced to a minimum, and that services

rendered by the concerned parties will not be unnecessarily interrupted.

shall promptly notify the owner or the owner’s authorized representative and cooperate with the

owner to promptly restore service. In no case shall interruption to water or sewer service be

allowed to exist without the substitution of acceptable alternate service.

service have been approved by the local fire authority.

from the beginning of construction to the satisfactory completion of the project, including all

damage to water supplies and sewage systems, including but not limited to damage to springs and

wells, septic tanks, cesspools, and underground pipes, whether located within or outside the project

right-of-way or whether or not shown on the Plans, except as otherwise provided in the Contract.

damage or injury to service(s), the Engineer may proceed to repair, rebuild, or otherwise restore

the service as deemed necessary and the cost thereof will be deducted from any monies due, or

which may become due, the Contractor under the Contract.

107.13PROTECTION OF HISTORICAL AND ARCHAEOLOGICAL SITES. When the Contractor’s

excavation operations encounter sites or artifacts of historical or archaeological significance, the

operations shall be immediately discontinued. The Engineer will contact the Agency’s Archaeology

Officer for instructions.

107.14FOREST PROTECTION. When working within or adjacent to forests or other plant growth, the

Contractor shall satisfactorily chip or otherwise dispose of all trees and logs, stumps, roots, brush, weeds,

grass, and other objectionable material. Disposal of such material shall be in conformance with the laws,

rules, and regulations of the state of Vermont pertaining thereto and other authorities having jurisdiction

governing the protection of forests and in carrying out work within forests.

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RESPONSIBILITY FOR DAMAGE CLAIMS

the Agency, and Operating Railroad and all of their officers, agents, and employees from all suits,

actions, or claims of any character, name, and description brought for or on account of any injuries

or damage received or sustained by any person, persons, or property that arise out of, relate to, or

are in any manner connected with the Contractor’s work or the supervision of the Contractor’s

work on the project; or by or in consequence of any neglect in safeguarding the work; or through

use of unacceptable materials in constructing the work; or by or on account of any act of omission,

neglect, or misconduct of the Contractor; or by or on account of any claims or amounts recovered

for any infringement of patent, trademark, or copyright; or from any claims or amounts arising or

recovered under the Vermont Workers’ Compensation Act, or any other law, bylaw, ordinance,

order, or decree. The state will notify the Contractor in the event of any such claim or suit, and the

Contractor shall immediately retain counsel and otherwise provide a complete defense against the

entire claim or suit.

After a final judgment or settlement, the Contractor may request recoupment of specific defense

costs and may file suit in Washington County Superior Court requesting recoupment. The

Contractor shall be entitled to recoup costs only upon a showing that such costs were entirely

unrelated to the defense of any claim arising from an act or omission of the Contractor.

The Contractor shall indemnify the state and its officers and employees in the event that the state,

its officers or employees become legally obligated to pay any damages or losses arising from any

act or omission of the Contractor.

shall be considered necessary by the Agency for such purpose may be retained for the use of the

state. If no money is due, the Contractor’s surety shall be held until such suit or suits, action or

actions, or claim or claims for injuries or damage shall have been resolved and suitable evidence

to that effect furnished by the Agency.

Contractor.

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available to the Agency and provided immediately upon request. At a minimum, the record

shall contain the name of the claimant, a description of the claim, the claim date, the amount

claimed, the date that the claim was sent to the insurance company (if applicable), the date

resolved, the amount paid, an indication of how the claimant was notified of the resolution,

and a notation of how the resolution was determined.

107.16OPENING SECTIONS OF THE PROJECT TO TRAFFIC

Contract may be desirable in some instances. Discussions concerning such an opening shall

involve, but are not limited to, the Regional Construction Engineer, Project Manager, District

Transportation Administrator, and, when appropriate, local municipal officials. Such an opening

shall be made when directed by the Engineer and documented in a written order. Such an opening

shall not constitute acceptance of the work or a part thereof or a waiver of any provisions of the

Contract.

completion of the Contract, the Contractor will not be required to assume any expense entailed in

maintaining the road for traffic beyond that required of a Contractor when opening a section of

roadway to traffic. When extraordinary work is required to open a section of work prior to

substantial completion of the Contract, the Engineer in their sole discretion may determine that

compensation for any additional expense incurred by the Contractor to maintain traffic and

allowance of additional time needed to complete the work will be made to the Contractor.

structures, or other features of the work, the Engineer will notify the Contractor in writing and

establish a reasonable period of time in which the work shall be completed. If the Contractor fails

to complete the work by the time specified, the Engineer may order all or a portion of the project

opened to traffic at no additional cost to the Agency.

On sections that are ordered to be opened, the Contractor shall conduct the remainder of

construction operations so as to cause the least obstruction and disruption to the traveling public,

including vehicular, railroad, and pedestrian traffic, adjacent landowners, and commercial

businesses. The Contractor shall not receive any additional compensation due to the added cost

caused by opening such section(s) to traffic.

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Contractor shall open the roadway for the winter shutdown period from November 16 th to March

st , inclusive. However, when work is being done because the Contractor did not complete the

work before the Contract completion date, any work that is not covered by a pay item in the

Contract shall be considered incidental to the original Contract items and shall be performed at no

additional cost to the Agency. This shall include any work required by the Agency’s District

Transportation Administrator(s) and/or municipal highway or public works officials to aid in the

performance of winter maintenance activities. None of the time associated with the performance

of this work will be considered for an extension of time under Subsection 108.11. Furthermore,

the Contractor will not be entitled to any additional compensation for the completion of remaining

work that has to be performed under the influence of pedestrian, vehicular, or railroad traffic.

notwithstanding any other provision of the Contract, the Contractor shall receive no additional

compensation for work on a section of the project that has been opened to traffic as described

herein.

107.17CONTRACTOR’S RESPONSIBILITY FOR WORK

therefore and shall take every precaution against injury or damage to any part thereof by the action

of the elements or from any other cause, whether arising from the execution or from the non-

execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or

damage to any portion of the work before acceptance and shall bear the expense thereof, except

damage to the work due to unforeseeable causes beyond the control of and without the fault or

negligence of the Contractor, including but not restricted to acts of God, of a public enemy, or

governmental authorities. For the purposes of this paragraph, the term work shall exclude

Contractor owned, rented, or leased materials, equipment, and incidentals.

for the project and shall take precautions to prevent damage to the project, provide for normal

drainage, and erect any necessary temporary structures, signs, or other facilities solely at the

Contractor’s expense.

During a period of suspension of work, the Contractor shall properly and continuously maintain in

an acceptable growing condition all living material in newly established plantings, seedings, and

sod furnished under the Contract and take adequate precautions to protect new tree growth and

other important vegetative growth against injury.

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of any snowplowing, salting, and/or sanding shall not relieve the Contractor of its responsibility

as outlined herein or elsewhere in the Contract.

107.18NO PERSONAL LIABILITY OF PUBLIC OFFICIALS. It being understood that in all such

matters relative to the Contract that they act solely as agents and representatives of the state, neither the

Vermont Secretary of Transportation, Deputy Secretary of Transportation, the Chief Engineer, Engineer,

or their authorized representatives shall be liable, either personally or as officials of the state, for their

actions pursuant to authority granted to them by the Contract.

107.19NO WAIVER OF LEGAL RIGHTS

notify the Contractor of acceptance. Acceptance of the Contract, however, will not preclude or

prevent the Agency from correcting any measurement, estimate, or certificate made before or after

completion of the work; and the Agency will not be precluded or prevented from recovering from

the Contractor, the Contractor’s surety, or both, any overpayment it may have made by failure on

the part of the Contractor to fulfill the Contractor’s obligations under the Contract.

A waiver on the part of the Agency of any breach of any part of the Contract shall not be held to

be a waiver of any other or subsequent breach.

Contractor shall be liable to the Agency for latent defects, fraud, and such gross errors, omissions,

or mistakes as may amount to fraud, and as regards the Agency’s rights under any warranty or

guaranty.

107.20FURNISHING RIGHT-OF-WAY. It will be the responsibility of the Agency or appropriate

political subdivision to secure all of the permanent rights-of-way which may be necessary for a

construction Contract and to make said rights-of-way completely and physically available to the

Contractor.

Any additional rights-of-way and/or additional rights to use land outside of the right-of-way as shown on

the Plans which the Contractor desires for its own convenience shall be obtained and paid for by the

Contractor.

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107.21BUY AMERICA PROVISIONS

be products that have been entirely manufactured within the United States as per 23 U.S.C.

§ 313 and 23 C.F.R. § 635.410. All manufacturing processes of the steel or iron material

in a product (i.e. smelting and any subsequent process which alters the steel material’s

physical form or shape or changes its chemical composition) must occur within the United

States for the steel or iron to be considered of domestic origin. This includes processes such

as rolling, extending, machining, bending, grinding, and drilling. If an item is used and in

the opinion of the Contractor it is impossible, impractical, or undesirable to remove the

item, then Buy America provisions apply.

materials, provided the cost of foreign materials used does not exceed 0.1% of the total

Contract price or $2,500, whichever is greater. The cost of foreign steel or iron is defined

as its value delivered to the project. The Contractor shall notify the Engineer if it intends

to use any foreign materials on the project.

to the materials subject to the Buy America requirements, and the action of applying a

coating to a covered material (i.e. steel and iron) is now deemed a manufacturing process

subject to Buy America. Coating includes epoxy coating, galvanizing, painting, and any

other coating that protects or enhances the value of a material subject to requirements of

Buy America.

Contract specifications provide that the steel or iron products used on the project are to be

removed at the end of the project or may be removed at the Contractor’s convenience.

Where the state can document that steel or iron products will be removed in subsequent

near-term stages as part of phased construction, such products are considered temporary

and not subject to Buy America. Where steel or iron products will remain in place at the

end of the Contract and where phased construction is not imminent, such products are

considered permanent and Buy America shall apply.

(Public Law 117-58) includes the Build America, Buy America Act (Public Law 117-58, Division

G, Title IX). The U.S. Office of Management and Budget issued memorandum M-22-11 to provide

guidance on the law. All construction materials, as defined in the law, that are permanently

incorporated into federal-aid projects shall meet Build America, Buy America requirements.

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107.22DEFENSE OF LAWSUITS. When defending any claim that may arise under the Contract, the

Contractor shall not raise or impose any defense involving the jurisdiction of the tribunal before which

said claim is pending, the immunity of the state of Vermont, the governmental nature of the state, or the

provision of any statutes respecting suits against the said state of Vermont without obtaining the express

advance permission of the Vermont Attorney General’s Office.

107.23INTEREST. Notwithstanding any statutory or other provisions to the contrary, interest on monies

owed pursuant to the Contract shall be paid as follows:

Contractor on a decision or judgment for money in a claim for adjustment or dispute. Pre-decision

or judgment interest shall be calculated for 21 calendar days after the date of the claim, but for the

failure of the Agency to make the payment to the date of decision or judgment, at a simple rate

equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of

Governors of the Federal Reserve System, for the calendar week preceding the date of the decision

or judgment.

Contractor on a decision or judgment for money in a claim for adjustment or dispute. Post-decision

or judgment interest shall be calculated from the date of decision or judgment to the date of

payment at a simple rate equal to the weekly average 1-year constant maturity Treasury yield, as

published by the Board of Governors of the Federal Reserve System, for the calendar week

preceding the date of the decision or judgment.

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1-94SECTION 108 – PROSECUTION AND PROGRESS

108.01SUBLETTING OR ASSIGNMENT OF THE CONTRACT

or any portion thereof, or of its right, title , or interest therein to any individual, firm, corporation, or other entity without the written consent of the Engineer. The Contractor shall file with the Agency copies of all executed subcontracts and other documents. An approved subcontract or shall not in turn sublet or assign any of the work pertaining to the subcontract without the Contractor obtaining further permission from the Agency. In no event shall Agency approval release the Contractor from responsibility and liability under the Contract and bo nds.

organization amounting to at least 50% of the total Contract work amount, minus specialty items. The Contractor’s own organization includes only workers employed and paid directly by the Contractor and equipment owned, leased, or rented by it from a non -debarred individual or entity, with or without operators. The term own organization does not includ e employees or equipment of a subcontractor , assignee, agent, or supplier of the Contractor. When determining whether the Contractor is in compliance with this 50% requirement, the following shall apply:

Contract shall be included in the amount upon which the 50% requirement is computed.

subcontract , unit p rices. If only a part of a Contract item is to be sublet, its proportional value shall be determined on the same basis.

materials into the project , these actions must be considered in combination and as constituting a single subcontract .

computing the amount of work required to be performed by the C ontractor’s own organization. Specialty items will be designated as such in the Special Provisions and may be performed by subcontract .

administration of the C ontract, comply with the following performance requirements: