Effective with the December 20 18 Letting 40 2019 Standard Speci fications Section 107 Legal Relations and Responsibility to the Public 107.1 Laws to be Observed (1)At all times, observe and comp ly with all applicable federal a nd stat e laws and administrative rules, codes, local laws, ordinances, and regulations that affect the conduct of the work, and applicable orders or decrees of bodies or tribunals having jurisdiction or authority over the work. The department will consider no plea of misunder standing or ign orance thereof. The contractor shall indemnify and save harmless the state and all of its officers, agents, and employees against any claim or liabilityarising from or based on the viol ation of any applicable law, o rdinance, regulation , order, or decree, whether by the contractor or the contractor’s employees, subcon tractors, or agents. (2)Comply with all applicable federal, state, and local health of ficial rules and regula tions governing safety, health, and sanitation. P rovide all necessary safeguard s, safety devices, and protective equipment. Take all other actions reasonably nece ssary to protect the life and health of employees on the project and the safety of the public. 107.2 Haul Road Notification (1)Notify the engineer in writing a t least 3 busine ss days before hauling project materials over a public road or street not a part of the st ate trunk highway system. The department will subs equently survey the existing condition of that haul route to establish a baseli ne for assessing damage that the contractor's hauling operations might cause. 107.3 Permits and Licensing (1)Obtain all permits and licenses , pay all charges and fe es, and give all notices necessary to perform the work. The contractor shall comply with all permit requireme nts whether the permit is issued to the contractor, the state, or the maintaining authority. 107.4 Patented Devices, Materials, and Processes (1)Include in the bid prices royalties and costs arising from pat ents, trademarks, and copyrights . Before using a design, device, material , or process covered by letters , patents, or copyrights, provide for its use by suitable legal agreement with the patentee or owners. Pr ovide proof of this agreement with the engineer if necessary. The contractor and the contractor’s sure ty shall provide indemnification from all claims for infringement of patent s, trademarks, or copyrights a s specified in 107.12 . 107.5 Labor Compliance (1)Comply with all contract labor c omplianc e provisions and take responsibility for subcontractor and lower tier subcontractor comp liance. Submit department-requested documentation within the time the department specifies in a written notice. Resolve all labor com pliance issues within 90 days after receiving the department's first written notice. The department and the contractor can mutually agree to extend this 90-day requirement. Actively pursue resolution o f contract labor compliance issues and attend all contract labor compliance meetings and hearings. 107.6 Federal Participation (1)If the federal government parti cipates in the cost of the cont ract :
1.The work is subject to the inspection and app roval of the p roper officials of the federal government.
2.The work shall conform to t he applicable federal statutes, rules, and regulations. (2)The federal government is not a party to the contract and will not interfere with the rights of either party unde r the contract. 107.7 Nighttime Operations (1)Do not perform work when there is insuffic ient light to conduc t that work safely. If t he contract requires or the engineer allows nighttime operations, provide artificial illumination as necessary to safely perform the work. Locate work lig hts within and around the work zone in a way that provides adequate illumination to perform the work, m akes the workers and constru ction operations visible to the traveling public, and ensures that glare and brightness transition throug h the work site does not interfere with driver visibility. Provide addi tional hazard lighting on equipm ent as well as high visibility apparel conforming to ANSI/ISEA guidelines for workers. 107.8 Public Convenience and Safety (1)Maintain the safety of the traveling public and control traffic using barricades, warning signs, flaggers, and temporar y barrier as specified in 104.6.1. (2)If the contract provides that t he road or portions of the road are clo sed to public traffic during construction, the engineer may direct or authorize the contract or to open sections of the road to public traffic before the work is completed as specified in 104.6.5. Effective with the December 2018 Letting 41 2019 Standard Speci fications (3) When hauling materials on public r oads or streets, equip vehic les subject to spillage with tailgates and adequate sideboards. Use covers and other protective devices ne cessary to prevent spillage. The contractor is responsible for removing spillage from the entire area within the right-of-way of the haul route. Immediately remove spillage that interferes with or crea tes a hazard for traffic.
4.Notify the responsible fire department and police department a t least 24 hours before closing a road, street, or highway.
5.If excavating adjacent to a build ing or wall, give the propert y owner sufficient written notice of the impending excavation. The contractor and the contractor’s suret y shall hold the state and the municipality in which the work is done harmless from damage to the building or wall.
6.Check for and comply with loca l ordinances governing the hours for operation of construction equipment. Obtain the engineer’s written approval for operation s from 10:00 P.M. until 6:00 A.M. 107.9 Contractor's Use of the Highway Right-of-Way
1.The department has sole authority to grant the contractor perm ission to occupy and use the right-of- way. All activity within the right-of-way is subject to the eng ineer’s approval.
2.If the engineer allows, the contra ctor may store materials and equipment or locate the contractor's plant on portions of the right-of-way not required for public travel. Post warning signs in advance of points of ingress and egress and provide other traffic control the engineer deems necessary to minimize hazards to motorists, pedestrians, and workers. Do not park vehicles or equipment, store materials, or create other obstructions where the engineer dete rmines the required safety measures may distract motorists.
107.10 Use of Explosives
1.Observe the utmost care when using explosives so as not to end anger life and property. Use, store, and handle explosives and highly inflammable materials conforming to applicable federal, state, and local laws and regulations including the rules of the Wisconsin department of commerce.
107.11 Protecting and Restoring Property
107.11.1 General
1.Notify, in writing, all public and private property owners who se property interfer es with the work. Advise them of the nature of the interference, and arrange with them for the disposition of the property. Upon request, furnish the engineer with copies of all notificat ions and final agreements.
2.Use every reasonable precaution to prevent damage to all prope rty including poles , trees, shrubbery, crops, and fences adjacent to or interfering with the work; all overhead structures including wires, cables, etc.; and all underground st ructures including water or gas shut-off boxes, w ater meters, pipes, conduits, etc.; within or outside the right-of-way.
3.Assume liability for all damage to public or private property resulting from contractor operations, defective work or materials, or non-execution o f the contract. Restore property, to a condition similar or equal to that existing before causing the damage, as the engineer directs or in a manner acceptable to the property owner. If the contractor fails to restore property within a reasonable time, the department may, upon 48 hours written notice, restore that property as the engineer deems necessary. The department will deduct restoration costs from payments due the contractor under the contract.
107.11.2 Freeway Traffic Management Systems
1.If the contractor's operations interrupt FTMS service, notify the engineer immediately and take the action required to restore servi ce within 24 hours. Repair dama ged facilities to the condition existing before interruption. If the contra ctor does not restore service within 24 hours, the department may restore service and deduct restoration costs from payments due the contractor under the contract.
107.11.3 Property Marks
1.Protect and carefully preserve all known property and survey m arks and land monuments, and notify the engineer of the nat ure and location of these markers. Do not disturb or destroy markers until the engineer has arranged for their referencing, perpetuation, or r eplacement.
107.11.4 Burning
1.Do not start fires without first securing the necessary permit s and the approval o f the local authority having jurisdiction, or the count y forest ranger, or the WDNR bureau of forestry. Comply with applicable requirements of the WDNR's air pollution control rules, including the limitations on open burning. When burning br ush, stumps, or rubbish, take care not to damage standing trees, shrubs, or other property. Assume liability for all damage caused by fires . Effective with the December 2018 Letting 42 2019 Standard Speci fications 107.12 Responsibility for Damage and Tort Claims
1.The contractor and their insu rer shall defend, indemnify, and save harmless governmental entities involved in the project, or in w hich all or part of the project site is located, including officers, agents except for consulting firms, and employees of any of the forego ing from suits, actions, or claims brought because of injuries or damages sustained by any person or property arising from one or more of the following:
1.Contractor operations.
2.Contractor neglect in safeguarding the work.
3.Contractor use of unacceptabl e materials in constructing th e work.
4.Acts or omissions, neglect, or misconduct of the contractor .
5.Claims or amounts recovered for an infringement by the contractor of patent, trademark, or copyright.
6.Claims or amounts arising or recovered under the workers co mpensation act, relating to the contractor's employees.
7.The contractor’s noncompliance with a law, ordinance, order , or decree relating to the contract.
2.The department may retain payment s due the contractor in amoun ts the engineer deems sufficient to cover the cost of suits, actions, or claims caused by the reaso ns specified in 107.12(1). The department will not release this r etainage until the contractor furnishes satisfactory evidence of one of the following:
1.The contractor is adequately protected from the suits, acti ons, or claims with the insurance coverages specified in 107.26 or other insurance.
2.The parties have settled the suits, actions, or claims.
3.The state is not liable to the contractor for damages or delay s resulting from third-party work, except for excusable delays as specified in 108.10.2 and 108.10.3 . The state also is exempt from liability to the contractor for damages or delays resulting from injunctions or other restraining orders obtained by third parties except where the dam age or delay is a direct resu lt of an injunction or restraining order obtained by a citizen’s action a lleging violations of 42 U.S.C. 4331-4332, 23 U.S.C. 138, or public law 91-646.
107.13 Third-party Beneficiary
1.This contract does not creat e anyone as a third-party benefici ary. This contract does not authorize non-parties to the contract to m aintain actions for damages und er the contract.
107.14 Contractor's Responsibility for Work
1.Until the engineer accepts the work as specified in 105.11 the contractor shall maintain charge and care of the work except as specified in 104.6 . Within 107.14, the term “work” is redefined to mean “the work product that is completed in its final position and is inc orporated in the project.” Protect all the work against injury or damage caused by the action of the eleme nts, or from other causes, whether arising from the execution or non-execution of the work. Rebuil d, repair, restore, and make good all injuries or damages to portions of the work occasioned by the above causes at no additional cost to the department.
2.The contractor shall not bear the expense for damage to the work caused by abnormal and unforeseeable occurrences beyond the cont rol of, and without th e fault or negligence of, the contractor. These abnormal and unf oreseeable occurrences include but are not limited to the following:
1.Cataclysmic phenomena of nature.
2.Acts of the public enemy.
3.Acts of government authorities.
3.Before suspending the work, take the necessary precautions to prevent damage to the project, prevent traffic accidents, and pr ovide for normal drainage. Ere ct necessary temporary barrier, barricades, signs, or other fac ilities at no expense to the dep artment except as specified in 104.6 .
4.The contractor is responsible for all damages to equipment and supplies regardless of the circumstances.
107.15 Personal Liability of Public Officials
1.In carrying out contract provisions, or in exercising power or authority granted to them by or within the scope of the contract, the depart ment, the engineer, or their a uthorized representatives have no liability, either personally or as officials of the state. In a ll of these matters, they act solely as agents and representatives of the state. The contra ctor waives all rig hts of action agains t the department, its agents, or employees. Effective with the December 2018 Letting 43 2019 Standard Speci fications 107.16 No Waiver of Legal Rights
1.The department may correct a mea sure, estimate, or certificate at any time before or after final acceptance. The department may r ecover from the contractor, sur ety, or both, overpayments upheld for a breach (failure to fulfill contract obligations). A waive r on the part of the department of a breach of a part of the contract is not a w aiver of another or subsequent breach.
2.The following department actions do not waive the department's rights or power under the contract:
1.Payment for or a cceptance of all or p ortions of the work.
2.Extension of contract time.
3.Possession of the work.
3.Assume liability for latent def ects, fraud, gross mistakes as may amount to fraud, or as regards to the department’s rights under a warr anty or guaranty without prejudice to the terms of the contract.
107.17 Railroad-Highway Grade Separations and Approaches, New Railroad Crossings, and
Operations on Railroad Right-of-Way
107.17.1 General
1.Coordinate with the railroad for all work performed on or near the railroad right-of-way. Include the following on all submittals and other written communications wi th the railroad: - WisDOT crossing number. - Railroad milepost. - Railroad subdivision.
2.The railroad's chief engineering officer may inspect the work and contractor operations on grade separations and their approaches, grade crossings, or on railroad right-of-way. Perform the work in a manner satisfactory to the railroad's chief engineering officer .
3.Perform all work within the railroad's right-of-way in a way t hat does not interfere with the safe and uninterrupted operation of railr oad traffic. Maintain clearance s during construction as follows:
1.Do not operate equipment clo ser than 25 feet horizontally f rom a track centerline or 22 feet vertically above the top of a rail, except under the protection of railroad flaggers.
2.Do not store materials or equipment closer than 25 feet hor izontally from a track centerline.
3.Provide an obstruction-free work zone adjacent to a track e xtending 12 feet or more horizontally on both sides of the track centerline. Keep this work zone free of cons truction debris.
4.Unless the railroad's chief engineering officer approves ot herwise in writing, maintain minimum clearances from falsework, forms, shoring, and other temporary fixed objec ts as follows: 4.1 Provide 12 feet, plus 1.5 inches per degree of track curva ture, measured horizon tally from the track centerline. 4.2 Provide 21 feet, plus compensation for super-elevated trac k, measured vertically above the top of the highest rail.
4.Comply with the railroad's rules and regulations regarding ope rations on railroad right-of-way. If the railroad's chief engineering office r requires, arrange with the railroad to obtain the services of qualified railroad employees to protect railr oad traffic through the work . Bear the cost of thes e services and pay the railroad. Notify t he railroad's chief engineering officer i n writing at least 5 business days before starting work near a track. Provi de the specific time planned to start the operations.
5.Do not blast on the railroad's right-of-way without the written permission of the railroad's chief engineering officer. At least 3 bus iness days before blasting, notify the responsible railroad official if explosives will be detonated withi n 100 yards of a track. Provi de specific dates, ti mes, and locations for all blasting.
6.Develop shop drawings, with det ailed plans and computations, f or the following temporary construction:
1.Falsework and forms of highway structures spanning a track.
2.Forms for piers and abut ments adjacent to a track.
3.Shoring, if the contract requires shoring of an excavation near a track.
7.Have a professional engineer regi stered in the state of Wisconsin sign and seal the shop drawings. At least 30 calendar days before starting fals ework, form, or shor ing construction; submit 3 sets of shop drawings to the railroad's chief engineering officer and one se t to the engineer. The engineer and the railroad may review the shop drawings. If the engineer or the r ailroad finds the shop drawings unsatisfactory, the contractor s hall make the required changes. A satisfactory shop drawing review does not relieve the contractor of responsibility and liability for the structural integrity and proper functioning of the falsewor k, forms, or shoring. Effective with the December 2018 Letting 44 2019 Standard Speci fications (8) Make all necessary arrangement s for crossing a railroad's trac k at a location other than an existing public crossing. Bear all costs incident to tha t crossing, incl uding flagging costs.
107.17.2 Work by Railroad
1.The railroad company may perform work or operations incident t o the project that are the subject of an agreement between the department and the railroad company. Do n ot alter this work without the consent of the railroad company. If the railroad company makes contractor-requeste d alterations with railroad company forces, pay the railroad company for those alt erations.
2.Bear the cost of the movement or adjustment of telegraph, telephone, or signal fa cilities owned, operated, or maintained by the railroad company and not otherwi se provided for in the contract or in agreements between the department and the railroad company.
107.17.3 Railroad Insurance Requirements
1.If required by the special prov isions, provide or arrange for a subcontractor to provide railroad protective liability insuranc e in addition to the types and lim its of insurance required in 107.26. Keep railroad protective liability insurance coverage in force until completing all work, under or incidental to the contract, on the railroad right-of-way or premises of the r ailroad and until the engineer determines that the work is complete as specified in 105.11.2.1.4 .
2.Provide railroad protective li ability insurance coverage writt en as specified in 23 CFR part 646 subpart
A.Provide a separate policy fo r each railroad owning tracks on the project. Ensure that the railroad protective liability insurance policies provide the following m inimum limits of coverage: http://www.fhwa.dot.gov/legsr egs/directives/cfr23toc.htm
1.Coverage A, bodily injury liability and property damage lia bility; $2 million per occurrence.
2.Coverage B, physical damage to property liability; $2 million per occurrence.
3.An annual aggregate amount of $6 million that shall apply s eparately to each policy renewal or extension.
3.Obtain coverage from insurance companies licensed to do busine ss in Wisconsin that have an A.M. Best rating of A- or better. T he cost of the required insurance coverage and limits is incidental to the contract.
4.Submit the following to each railroad owning tracks on the pro ject as evidence of that railroad's respective coverage:
1.A certificate of insurance for the types and limits of insu rance specified in 107.26 .
2.The railroad protective liabi lity insurance policy or other documentation accept able to the railroad company.
5.Submit the following to the region as evidence of the required coverage:
1.A copy of the letter to the railroad company transmitting t he submittal document s specified in 107.17.3(4) .
2.A certificate of insurance for the required railroad protec tive liability coverages.
6.Do not begin work on the right-o f-way or premises of the railroad company until the region receives the submittals specified in 107.17.3(5) and notification from the railr oad company that the contractor has provided sufficient insurance information to begin work.
7.Notify the railroad and the region immediately upon cancellati on or initiating cancellation, whichever is earlier, or any material change in coverage. Cease operations w ithin 50 feet of the railroad right-of- way immediately if insurance is cancelled or reduced. Do not re sume operations until the required coverage is in force.
107.18 Environmental Protection
1.Comply with all applicable federal, state, and local laws and regulations that contro l the prevention of pollution of the environment including those related to the introduction or spread of invasive species or pathogens in waterways.
2.Comply with laws relating to so lid waste disposi tion and air p ollution. Control and minimize the dispersion of dust and particula te matter and other pollutants into the atmosphere.
3.Take all necessary precautions to prevent pollution of streams , lakes, wetlands, and reservoirs with fuels, oils, bitumens, calcium c hloride, magnesium chloride, pa int, or other harmful materials. Conduct and schedule work operations to avoid or minimize siltation of streams, lakes, and reservoirs. Protect drainage ways, culverts, and drainage structures from debris ca used by a contractor operation.
4.Do not ford live streams unless a plan for the fording operati on meets the engineer’s approval and results in minimum siltation to the streams. Do not operate mac hinery on the bed of live streams. Effective with the December 20 18 Letting 45 2019 Standard Speci fications (5)Remove existing structures ove r live streams in large pieces, minimizing the number of smaller pieces that may drop into the water or w etlands. Remove from the water or wetlands all steel and all concrete pieces or other debris larger than 5 inches in any dimension. (6)If work areas or pits are loca ted in or adjacent to live strea ms , lakes, or wetlands, separate the work areas or pits from the stream, l ake, or wetland by a dike, silt fence, or other barri er to keep sediment from entering these locations. Take care during the constructio n and removal of these barriers to minimize the siltation or filling of the stream, lake, or wetland. (7)Treat water from aggregate washing or other sediment producing operations by filtration, a settling basin, or other means suffic ient to reduce the sediment content to not more than that of the stream or lake into which the water is discharged.
107.19 Construction Over or Adjacent to Navigable Waters
(1)Within 107.19, the term “governmental authority” means the U.S . Army Corps of Engineers, the U.S. Coa st Guard, the WDNR, or other agency having jurisdiction over the navigable waters within the project limits and empowered to take the actions specified in 1 07.19. (2)Conduct all work over, on, or adjacent to navigable waters so that free navigation of the waterways is not impeded and existing navigabl e depths are not impaired except as allowed by permit issued by the governmental authority. Obtain all permits before beginning con struction. (3)Obtain all permits required by 107.3 . Submit applications for U.S. Coa st Guard and WDNR p ermits to the boating law administrator o f the WDNR bureau of law enforce ment. Provide one copy of each permit to the project engineer for posting in the field office before construction activities affecting navigation begin. (4)The governmental authority may supervise all cons truction and related operations as is customary for operations in navigable waters. Conform to special requirements or directions from the governmental authority. (5)Ascertain from the governmental authority the minimum horizo ntal and vertical clearance requirements for navigation during construction, and maintain those clearanc es during the period of construction. (6)If the governmental authority dur ing progress of the work issues directions or orders affecting the contractor’s operations or order of procedure, the contractor s hall promptly file with the engineer a written copy of the directions or orders. (7)Should the contractor during t he progress of the work lose, dump, throw overboard, s ink , or misplace material or equipment, which i n the opinion of the governmental authority may interfere with or obstruct navigation, the contract or shall promptly recover or r emove the same. Give immediate notice with descriptions and locations of possible obstructions to the governmental authority. If the governmental authority requires , mark or buoy the obstructions until their removal. Should the contractor refuse, n eglect, or delay compliance with the above requirements, the governmental authority may remove the obstru ctions. The department may deduc t the cost of this removal from payments due to the contractor, or may recover the cost under t he bond deposited by the contractor. (8)During construction, provide te mporary lights, waterway marker s, other devices, or combination thereof as the governmental aut hority specifies and requires. (9)All expenses the contractor incur s to maintain navigation are inci dental to the contract cost.
107.20 Erosion Control
(1)Perform the temporary and perm anent erosion cont rol measures a nd the storm water management measures required by T rans 401 of the Wisconsin administrative code, the contract, and as the engineer directs. (2)Coordinate temporary erosion co ntrol measure s with the permane nt erosion control measures to ensure economical, effective, and continuous erosion control. (3)Submit an ECIP for the project, i ncluding borro w sites and mat erial di sposal sites, according to Trans 401 of the Wisconsin administrativ e code. Perform the work acco rding to the ECIP. Prepare the ECIP according to CMM 6-45 and provide the information enumerated in department worksheet WS1073 available at: https://wisconsindot.gov/Documents/doing-bus/eng-consultants/cnslt-rsrces/environment/ws1073.doc (4)The engineer may limit the area o f erosive land the contractor may expose to the element s by grubbing, excavation, borrow, o r fill operations at any one tim e. Provide the shortest practicable duration for this exposure befor e final trimming, finishing, an d seeding, or applying temporary erosion control measures. Effective with the December 20 18 Letting 46 2019 Standard Speci fications (5)Perform construction in and adjacent to rivers, streams , lakes , or other waterways in a manner to avoid washing, sloughing, or depos ition of materials into the w aterways that would obstruct or impair the flow of the waterways and thus endanger the roadway or stre am banks, or that would result in undue or avoidable contamination , pollution, or siltation of th ese waterways. (6)The engineer has full authority to suspend or limit grading an d other ope rations pending adequate performance of permanent erosion c ontrol measures, such as finish grading, topsoiling, mulching, matting, and seeding, and all temporary erosion control measure s that the engineer orders. (7)Perform grubbing and grading operations in sequence with other work to minim ize erosion. Construct intercepting ditches or dikes as soon as practicable after comp leting clearing and grubbing operations and before or during the operation s of excavating the cuts. Whe re erosion is likely to be a problem, provide the permanent erosion c ontrol measures immediately afte r performing grading operations, unless the engineer authorizes te mporary erosion control measur es. (8)Except as limited under 628.4.1.1 and 628.5.1 for borrow s ites and material disposal sites, the engineer will measure, and the department will pay for, tempora ry and permanent erosion control as provided for by the various contra ct bid items or as extra work , if this work is not specified in the contract. However, the departmen t will not pay for this work if the engineer requires temporary erosion control because of the contract or’s negligence, carelessness, o r failure to install permanent controls.
107.21 Use of Fire Hydrants
(1)If the contractor desires to use water from public hydrants, the co ntractor shall make application to the proper authorities and conform to their ordinances, rules, and regulations concerning fire hydrant use. (2)Ensure that fire hydrants are accessible at all times to the f ire department. Do not place material or other obstructions closer to a fi re hydrant than allowed by ord inances, rules, or regulations, or within 5 feet of a fire hydrant in the abs ence of specific ordinances, r ules, or regulations.
107.22 Contractor's Responsibilit y for Utility Facilities, Pro perty, and Services
(1)The department expressly reserves for the proper authorities o f the municipality in which the work i s done the right to construct utility services in the highway or street, or to grant permits for the same, at any time. Coordinate and cooperat e with utilities in the removal and rearrangement of existing facilities to minimize their service inte rruption and duplication of work by the utilities. At l east 3 business days before breaking ground, the cont ractor shall notify the proper utility authorities that the contractor’s operations may affect their fac ilities including: streets, gas and water pipes, electric and other conduits, railroads, poles, manhol es, catch basins, sewers, and other property. N ever hinder or interfere with utility represen tatives in the protection or ope ration of their facilities . Obtain all necessary information regarding existing facilities. Protect existing facilities from damage and unnecessary exposure. (2)Obtain all necessary information regarding the planned install ation of new facilities identified in the contract. Make proper provis ion and give proper notification so the utilities can inst all new facilities at the proper time without delay o r unnecessary inconvenience. Do not pave over the location of a new underground facility, planned for installation concurrently with this contract, before installing the facility. (3)If the contractor damages or int errupts se rvice, the contracto r shall notify the utility promptly. Coordinate and cooperate with the utility in the repair of the facility. Determine who is responsible for repair costs according to Wisconsin statutes 66.0831 and 182.01 75(2). http://docs.legis.wi.gov /statutes/statutes/66 http://docs.legis.wi.gov/s tatutes/statutes/182 (4)If the contractor finds facilitie s not identified in the contr act, the engineer will determine whether adjustment or relocation of the fa cility is necessary to accomm odat e contract work. The engineer will arrange with the utility or the contractor to adjust or relocate the facility. If deemed necessary, the engineer will revise the contract as specified in 104.2 . (5)If specified in the contract, the contractor and the departmen t will comply with administrative rule, Trans 220 of the Wiscon sin administrative code.
107.23 Antitrust Assignment Clause
(1)The contractor hereby assigns to the department all claims for overcharge s resulting from antitrust violations as to goods and materials purchased in connection wi th this contract, except as to overcharges that result from ant itrust violations commencing af ter the price is established under this contract and any cha nge order. In addition, t he contractor warr ants and represents that each of the contractor’s first tier suppliers and subcontract ors shall assi gn all antitrust violation claims to the state subject to the aforementioned exception. Effective with the December 2018 Letting 47 2019 Standard Speci fications 107.24 Hazardous Substances
1.Whenever the construction oper ations encounter or expose an abnormal condition that may indicate the presence of a hazardous substance, immediately discontinue construction operations near the abnormal condition and notify the engineer. Treat all abnormal conditions with extreme caution. Abnormal conditions include, but are not limited to, the follow ing:
1.The presence of a tank or barrel.
2.An obnoxious odor.
3.Excessively hot earth.
4.Smoke.
5.Visible fumes.
6.Discolored earth or sheen on groundwater.
2.Do not resume construction operations in this area until the engineer so directs. T he contractor may continue work in other areas of the project unless the engineer otherwise directs.
3.Take actions to prevent the hazardous substance from spreading into an uncontaminated area.
4.Dispose of hazardous substances conforming to the requirements and regulations of the responsible state or federal agencies. If the engineer requires the contrac tor to dispose of the hazardous substance and the contract does n ot provide for this work, the work is extra work as specified in 104.2 . If the responsible state or federal agency requires special pro cedures for the disposal, the department will arrange with qualified pers ons to dispose o f the substance .
107.25 Archaeological and Historical Findings
1.For construction operations on the projec t, if encountering human remains or if encountering artifacts of potential archaeological or historical significance, immediately stop operations a t the encounter site and notify the engineer. Cooperate , as necessary, by moving con struction operations from the encounter site and complying with the engineer's directions. Th e contractor may continue work elsewhere on the project unless the engineer directs otherwise. Do not resume operations at the encounter site without the engineer's permission.
2.For operations on private property, if encountering human rema ins or if encountering artifacts of potential archaeological or historical significance, immediatel y stop operations a t the encounter site and notify the engineer and the re sponsible state agencies. Coo perate, as necessary, by moving construction operations from the encounter site and complying w ith the responsibl e state agencies' directions. Do not resume operations at the encounter site with out the responsible state agencies' permission.
107.26 Standard Insurance Requirements
1.Maintain the following types and limits of commercial insuranc e in force until the engineer determines that the work is complete as specified in 105.11.2.1.4 . TABLE 107-1 REQUIRED INSURA NCE AND MINIMUM COVERAGES TYPE OF INSURANCE MINIMUM LIMITS REQUIRED[1]
1.Commercial general liability insurance endorsed to include blanket contractual liability coverage.[2] $2 million combined single limits per occurrence with an annual aggregate limit of no t less than $4 million.
2.Workers' compensation. Statutory limits
3.Employers' liability insurance. Bodily injury by accident: $100,000 each accident Bodily injury by disease: $500,000 each accident $100,000 each employee
4.Commercial automobile liability insurance covering all contractor-owned, non-owned, and hired vehicles used in carrying out the contract.[2] $1 million-combined single limits per occurrence. [1] The contractor may satisfy these requirements with primary ins urance coverage or with excess/umbrella policies. [2] The Wisconsin Department of Transportation, its officers, agen ts, and employees shall be named as an additional insured under the g eneral liability and automobile liability insurance.
2.For a joint venture, limited liability company, or partnership; ensure that the bidding entity is the named insured and that coverages apply jointly and severally to its m ember entities. Effective with the December 2018 Letting 48 2019 Standard Speci fications (3) Obtain coverage from insurance companies licensed to do busine ss in the state that have an A.M. Best rating of A- or better. The cost of providing the required insurance coverage and limits is incidental to the contract.
4.The department may request proof of insurance at any time. Sub mit copies of insurance policies as well as associated certificates of insurance upon department re quest.
5.Notify the department immediately upon cancellation or initiat ing cancellation, whichever is earlier, or any material change in coverage. C ease operations immediately i f any insurance is cancelled or reduced. Do not resume operatio ns until the required coverage i s in force.
6.The above insurance requirements apply with equal force whethe r the contractor or a subcontractor, or anyone directly or indirectly employed by either, performs w ork under the project. Effective with the December 2018 Letting 49 2019 Standard Speci fications Section 108 Prosecution and Progress 108.1 Subletting the Contract 108.1.1 General
1.Do not sublet, sell, transfer, assign, or otherwise dispose of the contract, a portion of the contract, or a right, title, or interest in the contract without the engineer’ s written consent. If the engineer consents to the contractor subletting a portion of the contract, the contra ctor is relieved of no responsibility for the fulfillment of the contract or o f no liability under the contract and bond. Do not allow a subcontractor to proceed with work without the engineer's written consent.
2.Request permission in writing to sublet a portion of the contract. If the engineer requires, submit evidence that the proposed subcont ractor is experienced and equ ipped for the work. The engineer may also require submission o f a copy of the proposed subcontra ct. Submit all subsequent changes in the terms of a subcontrac t for the engineer’s consent.
3.If proposing to have a party other than a subcontractor perfor m work, notify the engineer and submit details of this arrangement in wr iting. The engineer will deter mine if that arrangement constitutes subcontracting. The engineer may also require the contractor to file, with the engineer, copies of all other agreements between any parties regarding the performance of work under the contract. 108.1.2 Prime Contractor Participation
1.Perform at least 30 percent of t he original contract amount wi th the contractor's own organization. The contractor's own organization is defined as workers the contrac tor employs and pays directly as well as equipment the contractor own s or rents, either with or witho ut operators. Submit documentation according to CMM 2-60 to indicate what work the contractor's own organization is performing and the dollar value of that work before contract execution as specifie d in 103.6 . Include a detailed computation showing the contractor's share of work calculated a s follows: Contractor's share = P / (C - S) Where: P = Work the prime contractor performs. The prime may include materials the prime purchases and installs or that the prime purchases bu t others install, and trucking the prime pays for directly. Do not include equipment and associated operators the prime leases to others performing work. C = Total contract amount. S = Specialty work others perform. Work on sanitary sewer system s and water-main systems is specialty work. Specialty work also inclu des work performed under any bid ite m in the designated sections or under special provision bid items for similar work as follows: - Contractor staking work under 650. - Electrical work under 651 - 678 . - Landscaping and erosion control work under 626 - 632. - Traffic control work under 643. - Signing work under 633 - 638 and 641. - Pavement marking work under 646 - 649. - Fencing work under 616. 108.2 Start of the Work
1.For the purpose of determining contract time, the contract sta rting date is defined as follows: If the contract provides for st arting work not later than 10 ca lendar days after the date of written notification from the engineer, t he contract starting date will be the date construction operations are started or the tenth calendar day following the date of that notification, whichever is earlier. 108.3 Prosecution of the Work
1.The department will issue a wri tten notification to begin or r esume work for all working day, calendar day, and completion date contract s. Do not begin or resume work before receiving the engineer's written notification. Notify the engineer at least 3 business d ays before starting or resuming work. Notify the engineer at least one business day before changing t he schedule of work, such as working on Saturdays, Sundays, and depart ment-specified holidays.
2.Give the work the constant att ention necessary to promote the progress of the work. Promptly supply the materials, tools, equipmen t, and incidental items required to perform the work. Employ an ample force of workers and provide a construction plant properly adap ted to the work and of sufficient
Source: Wisconsin Standard Specifications for Highway and Structure Construction, 2019 Edition. Pages 49–57 of 601.