1-74 Section 107 – Legal Relations and Responsibility To The Publi C
107.01 LAWS TO BE OBSERVED .
a.General; Defense and Indemnification . The Contractor shall observe and comply with all federal 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.
b.Contract Contrary to the Law . If the Contractor discovers any provisions in the Contract that are contrary to or inconsistent with any law, ordinance, regulation, order, or decree, the Contractor shall immediately report it to the Engineer in writing.
c.OSHA , VOSHA, and Enviro nmental Protection Regulations . The Contractor shall comply with all regulations promulgated and enforced by OSHA, VOSHA , and state and federal environmental protection agencies.
d.Hazardous Wastes . The Contractor shall comply with all regulations regarding the management of hazardous wastes , such as waste crankcase and hydraulic oils and waste paint generated by construction operation s. Refer to the Vermont Agency of Natural Resources , Department of Environmental Conservation and 10 V.S.A. , Chapter 159.
e.Americans with Disabilities Act . The Contractor shall comply with the Americans with Disabilities 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.
f.Prompt Payment Act . The Contractor shall fully comply with the provisions of 9 V.S.A. § 4002 , as 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.
1-75 Contractors 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 day s from receipt of a corresponding progress payment by the state to the Contractor, or 7 calendar day s after receipt of a subcontract or’s invoice, whichever is lat er, 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.
g.Labor Laws .
1.General Requirements . The Contractor and all subcontractors shall comply with the 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.
2.Fair Labor Standards Act .
a.General . The Contractor shall comply with the requirements of the Fair Labor Standards Ac t of 1938 , as amended , 29 U.S.C., Chapter 8 .
b.Contacts for More Information . Information about the Fair Labor Standards Act of 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)
1-76 (3) Contract Work Hours and Safety Standards Act .
a.General . The Contract Work Hours and Safety Standards Act is administered by 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.
b.Basic Provisions and Requirements . The Contract Work Hours and Safety 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.
4.Davis -Bacon and Related Acts . Where the Contract includes Davis -Bacon and Related Acts wage rate requirements, the following also applies.
a.General . The wage rate determination of the U.S. Department of Labor which has 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.
b.Missing Job Classifications and Wage Rates . The Contractor shall submit to the Agency any requests for missing job classifications and proposed wage ra tes.
5.Vermont Labor Laws . The Contractor shall comply with all provisions and requirements of the Vermont Workers’ Compensation Act and to Vermont statutes regulating employment of minors.
6.Fair Employee Practices Act . The Contractor shall comply wit h all requirements of 21 V.S.A. , Chapter 5, Subchapter 6 relating to fair employment practices to the extent applicable. A similar provision shall be included in all subcontract s.
1-77 (h) Cargo Preference Requirement . All Contractor s and subcontractor s shall follow the requirements
of 46 C .F.R. § 381.7 . Guidance on cargo preference requirements can be found on the FHWA website. 107.02 PERMITS, 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 . 107.03 PATENTED 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 . 107.04 FEDERAL -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. 107.05 SANITARY 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. 107.06 PLANT 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.
1-78 107.07 Public Convenience and Safety .
a.General . The Contracto r shall conduct all work so as to ensure the least possible obstruction to all 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 .
b.Dust Control . The Contractor shall use all necessary dust control on haul road(s) and maintenance 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 Contract s which contain pay item s 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 Contract s which do not contain pay item s for dust control, the necessary dust control shall be performed in accordance with the requirements of Section 609 and the cost wil l not be paid for directly but will be considered incidental to all other Contract items.
c.Stored Materials . Materials stored within the construction area shall be placed so as to cause the minimum obstruction to the traveling public and snow removal operations.
d.Fire Hydrants . Fire hydrants located within the construction area shall be kept accessible to fire apparatus es at all times , and no material or obstruction shall be placed within 15 feet of any hydrants.
e.Adjoining Ways . Sidewalks, gutters, drainage inlets, and portions of highway s adjoining the roadway under construction shall be obstructed only when necessary. If a sidewalk is obstructed, temporary pedestrian access meeting t he requirements of the Americans with Disabilities Act and the MUTCD shall be provided around the obstructed area.
f.Lane Restrictions . When the total useable width of a traveled way will be decreased to 14 feet or 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 p rovided at least 14 calendar day s 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 V ehicle s 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.
1-79 (g) Parking Restrictions . Only such vehicles and equipment as are necessary for the construction of
this Contract will be permitted to stop or park on the travel lane or shoulder s of the highway or intersecting highway s. All vehicles or equipment so stopped or parked shall be at least 4 feet from the edge of the thr ough 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 w orkers will not be permitted to stop or park on the travel lane or shoulder s of the highway or intersecting highway s. Each of the Contractor’s trucks or equipment used for the construction of this project and permitted to park or stop as provided above sha ll 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 a nd 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. 107.08 TRAFFIC CONTROL DEVICES .
a.General . All approach signs shown on the Plans or in the Contractor’s approved traffic control 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.
1-80 (b) Existing Pavement Markings . Whenever existing pavement markings conflict with desired traffic
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 compl etely 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 incid ental to all other Contract items.
c.Warning Signs . The Contractor shall erect warning signs in advance of any location on the project 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.
d.Detour Signs . The Contractor shall provide and maintain throughout the project acceptable warning, directio n, 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 highwa y so that the temporary detour routes shall be indicated clearly throughout their entire length.
e.Closed Highways or Sidewalks . Highways closed to traffic shall be protected by barricades and/or other approved barriers, which shall be reflectorized or i lluminated. 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 .
f.Delineation . Delineation will be required through the construction area as shown on the Plans or as directed by the Engineer.
g.Warn ing Lights . Warning lights may be required by the Engineer for use on signs and barricades to call attention to special or hazardous conditions. If warning lights are used those devices shall conform to the MUTCD .
h.Costs Incidental . The cost of furnishi ng, fabricating, installing, maintaining, and removing traffic control devices shall be considered incidental to all other items in the Contract unless otherwise specified.
i.Failure to Install, Maintain, Remove . If the Contractor fails to satisfactoril y install, maintain , or 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.
1-81 107.09 Responsibility for The Use of Flaggers .
a.Highway Flaggers . As conditions warrant, the Contractor shall employ one or more highway flagger s at any location on the project where equipment or construction operation s 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 flagger s 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 flagger s at locations off the project site. The dress, equipment , and procedures of all highway flagger s shall conform to the requirements of the MUTCD and Section 630 .
b.Railroad Flaggers . The Contractor shall request flagging protection from the Operating Railroad where equipment or construction operation s will interfere with the movement or safety of the trains in advance of entry into the Operating Railroad right -of-way. This includes a ny 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 flagger s. Where needed to ensure safe ingress and eg ress for activities associated with the construction of the project , the Engineer or the Operating Railroad may require the use of railroad flagger s at locations outside of the project site. 107.10 USE OF EXPLOSIVES .
a.General Requirements . Explosives shall only be used during daylight hou rs. The Contractor shall 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 Engi neer.
b.Insurance . Each of the insurance policies required for a project shall include coverage for injury to persons and injury or destruction of any property arising out of the storage and use of explosives.
c.Liability . The Contractor acknowledges full responsibility and assumes full liability for any and all damage or injury to persons or property caused either directly or indirectly by the Contractor’s or a subcontract or’s use of explosives. The liability of the Contr actor 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 C ontract.
1-82 (d) Documentation of Structure Condition . It shall be the responsibility of the Contractor to document
the existing condition of all structures that have the potential to be damaged by blasting operations. This documentation shall be in the for m 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.
e.Detonators and Explosive Materials . To ensure the accuracy of firing times of detonators, all 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.
f.Handling and Storage of Explosive Materials . Explosives shall be handled, transported, used, 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 sha ll 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 proje ct 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.
g.Blasting Cap Danger . Due to the propagation of radiofrequency energy from radi o, cellular 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 subcontract ors shall take all precautions necessary to prevent premature explosions of electric blasting caps either individually or when they are connected into a circuit.
1-83 (h) Lightning Protection . The Contractor shall furnish, maintain, and operate lightning detection
equipment duri ng 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 dist urbances, 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 blasti ng hazard potential exists, the following actions shall be taken:
1.Personnel shall be evacuated from all areas where explosives are present.
2.The blasting area shall be cleared of all personnel.
3.The Agency shall be notified of the potential ha zards and precautions to be taken.
4.The loading of holes shall be terminated, and unused explosives shall be returned to the day storage area or explosives transport and storage truck.
5.If blastholes are loaded and would pose a hazard to traffic if detonated, roads shall be closed until the lightning hazard has passed.
6.When the hazard dissipates, the Engineer shall be informed that blasting activities will continue.
i.Notice and Warning . The Contractor shall notify each person, company, corp oration, or public 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 p erson 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 blas t, 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 sha ll 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 wo rk prior to performing any blasting operations.
1-84 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 t he 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.
j.Suspension of Blasting . Blasting operations may be suspended by the Engineer for, but not limited to, the following reasons:
1.Inadequate safety precautions.
2.Blasting methods which endanger the stability of or cause damage to areas outside the prescribed limits of excavation.
3.Methods of drilling and blasti ng which do not produce acceptable results.
4.Damage to existing facilities or adjacent property due to blasting.
5.Failure to provide required submittals. 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 suspensio n 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.
k.Blast Surveys . The Contractor shall monitor all blasts and provide a report to the Engineer that 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 instr ument 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. 107.11 PROTECTION AND RESTORATION OF PROPERTY .
a.General . The Contractor shall:
1.Not enter upon private prop erty for any purpose without obtaining written permission .
2.Be responsible for the preservation of all public and private property along and adjacent to the work .
1-85 (3) Use every precaution necessary to prevent damage or injury to public and private property .
4.Protect from disturbance or damage all land monuments and property markers until an authorized agent has witnessed or otherwise referenced their locations, monuments, and property markers .
5.Not move any land monuments and property markers until directed by the Engineer .
6.Protect all trees, shrubs, and other plants not marked by the Engineer for removal from damage by construction operation s.
b.Protection of Existing Infrastructure . The Contractor shall make sure that any porti ons of the 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 th at may or does cause damage .
c.Contractor’s Responsibility . The Contractor shall be responsible for all claims involving damage or injury to, or destruction of, property of any type resulting from any act, omission, neglect, or misconduct of the Contract or’s manner or method of executing the work , due to the Contractor’s non-execution of said work , or due to defective work or material s. The Contractor’s responsibility shall not be released until the work has been completed and accepted and the applicable statute of limitations has expired.
d.Restoration of Damaged Property . When any direct or indirect damage or injury is done to public 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.
e.Cleaning Traffic Signals and Street Lighting . When the Contractor’s operations compromise the 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 s ignals 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 b oth 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 expen se. The costs for cleaning will not be paid for directly but will be considered incidental to all other items in the Contract.
1-86 (f) Ground Vibration Limits . The maximum peak particle velocity (PPV) of ground vibration in any
of the three mutually perpendicular components of particle velocity shall be limited as shown in Table 107.1 1A. 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 107.1 5. 107.12 PROTECTION AND RESTORATION OF UTILITIES AND SERVICES .
a.General . The Co ntractor shall take proper precaution during construction to avoid damage to 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.
b.Dig Safe. The Contractor shall comply with the requirements of Dig Safe, per 30 V.S.A. , Chapter 86.
c.Notice of Work . At commencement or resumption of construction, the Contractor shall notify the 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 utilit ies during the construction of the project . Further, the Contractor shall again notify the aforesaid parties 7 to 14 calendar day s 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 .
d.Owner Access . Owners, employees, or agents of public or private services located w ithin the project limits shall be allowed free and full access with the tools, material s, 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.
1-87 (e) Service Relocation . The exact location of any service facility relocated within the project limits
shall be as shown in the Contract or as directed by the Engineer.
f.Cooperation . The Contractor shall cooperate with the owners of any of the aforementioned services 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.
g.Service Interruption . If in connection with the work interruption in service occurs, the Contractor 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 sub stitution of acceptable alternate service.
h.Fire Hydrants . No work shall be undertaken around fire hydrants until provisions for continued service have been approved by the local fire authority.
i.Responsibility for Damage . The Contractor shall be res ponsible for all damage done to services 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, ce sspools, 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.
j.Restoration of Service by Agency . If the Contractor fails to restore a servic e or to make good on a 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 unde r the Contract. 107.13 PROTECTION OF HISTORICAL AND ARCHAEOLOGICAL SITES . When the Contractor’s excavation operations encounter sites or artifacts of historical or archaeo logical significance, the operations shall be immediately discontinued. The Engineer will contact the Agency’s Archaeology Officer for instructions. 107.14 FOREST PROTECTION . When work ing within or adjacent to forests or other plant growth, the Contractor shall satisfactorily chip or otherwise dispose of all tr ees and logs, stumps, roots, brush, weeds, grass, and other objectionable material . Disposal of such material shall be in conform ance 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.
1-88 107.15 Responsibility for Damage Claims .
a.General . The Contractor shall defend, indemnify and save harmless the municipali ties, the state, 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 supervisi on 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 material s in constructing the work ; or by or on account of any act of omission, neglect, or misconduct of the Contra ctor; 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 decr ee. 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 th e 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 a rising from any act or omission of the Contractor.
b.Right to Retention of Funds . Money due to the Contractor under and by virtue of the Contract as 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.
c.Submission of Damage C laims . With regard to each and every damage claim, the Contractor shall:
1.Provide the claimant with a damage claim form for the submission of damage claims to the Contractor .
2.Submit the claim to the insurance carrier .
3.Pay, settle, or otherwise resolve the claim.
1-89 (4) Treat all claimants with respect .
5.Maintain a record of all claims submitted against the Contract. This record shall be available to the Agency and provided immediately upon request. At a minimum, t he 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. 107.16 OPENING SECTIONS OF THE PROJECT TO TRAFFIC .
a.General . Opening of a section of a project to traffic prior to substantial completion of the entire 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 of ficials. 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.
b.Maintenance; Expense . On any section opened by direction of the Engineer prior to substantial 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 s ection 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 Co ntractor to maintain traffic and allowance of additional time needed to complete the work will be made to the Contractor.
c.Delayed Completion of Project . If the Contractor delays completion of shoulder s, drainage 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 operation s so as to cause the least obstruction and dis ruption 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.
1-90 (d) Opening the Project to Traffic for Winter Season . As specified in Subsection 104.04 , the
Contractor shall open the roadway for the winter shutdown period from November 16th to March 31st, 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 addit ional 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 associat ed 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.
e.Compensation for Work on Opened Sections . Except as provided for in this subsection , 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. 107.17 CONTRACTOR’S RESPONSIBILITY FOR WORK .
a.General . Until acce ptance of the project by the Engineer , the Contractor shall be responsible 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 f rom 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 be yond 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 material s, equipment , and incidentals.
b.Suspension of Work . When work is suspended for any reason, the Contractor shall be responsible 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 vege tative growth against injury.
1-91 (c) Winter Maintenance . The performance by the state, a subdivision thereof, or other authorized agent
of any snowplowing, salting, and/or sanding shall not relieve the Contractor of its responsibility as outlined herein or elsewhere in the Contract. 107.18 NO 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 Tran sportation , the Chief Engineer, Engineer, or their authorized representative s shall be liable, either personally or as officials of the state, for their actions pursuant to authority granted to them by the Contract. 107.19 NO WAIVER OF LEGAL RIGHTS .
a.General . Upon completion of the work , the Agency will expeditiously make a final inspection and 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.
b.Latent Defects, Fraud, and Gross Mistakes . Without prejudice to the terms of the Cont ract, the 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. 107.20 FURNISHING 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.
1-92 107.21 Buy America Provisions .
a.Iron and Steel .
1.General . All steel or iron products permanently incorporated into federal -aid project s shall 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.
2.Use of Foreign Materials . Buy America provisions do not prevent a minimal use of foreign material s, provided the cost of foreign material s 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 material s on the project .
3.Coatings on Steel and Iron. In acco rdance with 23 C .F.R. § 635.410 , iron has been added to the material s 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.
4.Tempor ary Items . Temporary items are not subject to Buy America provisions where the Contract specification s 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 .
b.Manufactured Products and Construction Materials . The Infrastructure Investment and Jobs Act (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.
1-93 107.22 DEFENSE 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 provi sion of any statutes respecting suits against the said state of Vermont without obtaining the express advance permission of the Vermont Attorney General’s Office. 107.23 INTEREST . Notwithstanding any statutory or other provisions to the contrary, interest on monies owed pursuant to the Contract shall be paid as follows:
a.Claims for Adjustment or Dispute – Pre-Decision or Judgment . Interest shall be allowed the 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 day s 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 judgmen t.
b.Claims for Adjustment or Dispute – Post-Decision or Judgment . Interest shall be allowed the 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 judgme nt 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.
1-94 Section 108 – Prosecution and Progress
108.01 SUBLETTING OR ASSIGNMENT OF THE CONTRACT .
a.General . The Contractor shall not sublet, assign, sell, transfer, or otherwise dispose 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 subcontract s 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.
b.Performance of the Contract Work . The Contractor shall perform Contract work with its own 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:
1.The cost of material s and manufactured products to be purchased or produced under the Contract shall be included in the amount upon which the 50% requirement is computed.
2.The percentage of subcontract ed work shall be based on the Contract, rather than 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.
3.When a firm sells material s to a Contractor and performs the work of incorporating the material s into the project , these actions must be considered in combination and as constituting a single subcontract .
c.Specialty Items . The cost of specialty items may be deducted from the total Contract price before 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 .
d.Performance Requirements . The Contractor and its subcontract or(s) shall, in the staffing and administration of the C ontract, comply with the following performance requirements:
Source: Vermont Standard Specifications for Construction, 2024 Edition. Pages 90–109 of 1,380.