107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
107.01
Laws to be Observed. Stay
fully informed of all Federal and State laws, all local laws, ordinances, and
regulations, and all orders and decrees of authorities having any jurisdiction or
authority that affect those engaged or employed on the Work, or that affect the
conduct of the Work. Observe and comply with all such laws, ordinances,
regulations, orders, and decrees. The Contractor shall protect and
indemnify the State and its representatives against any claim or liability
arising from or based on the violation of any such law, ordinance, regulation,
order, or decree, whether by the Contractor or the Contractor’s employees,
subcontractors, or agents.
The
Contractor, under Title VI
of the Civil Rights Act and related statutes, agrees that in the hiring of
employees for the performance of Work under this Contract or any subcontract
hereunder, neither the Contractor, the subcontractor, nor any person acting on
behalf of such Contractor or subcontractor shall, by reasons of race, religion,
color, sex, national origin, disability or age, discriminate against any
citizen of the United States in the employment of labor or workers, who is
qualified and available to perform the Work to which the employment relates.
Neither the Contractor, the
subcontractor, nor any person on their behalf shall, in any
manner, discriminate against or intimidate any employee hired for the performance
of Work under this Contract on account of race, religion, color, sex, national
origin, disability or age.
Comply with OAC-4123:1-3, entitled
“Specific Safety Requirements of the Industrial Commission of Ohio Relating to
Construction,” as amended, and with the Federal
Occupational Safety and Health Act of 1970 and Code of Federal Regulations,
Title
29, Chapter XVII, Part 1926 and as amended.
107.02 Permits,
Licenses, and Taxes. Procure all permits and licenses; pay
all charges, fees, and taxes; and provide all notices necessary and incidental
to the due and lawful prosecution of the Work.
107.03 Patented
Devices, Materials, and Processes. Before employing
any design, device, material, or process covered by letters of patent or
copyright, provide for its use by suitable legal agreement with the patentee or
owner. The Contractor and the Surety shall indemnify and save harmless
the State, any affected third party, or political subdivision from any and all
claims for infringement of patented design, device, material, process, or any
trademark or copyright, and shall indemnify the State for any costs, expenses,
and damages that it may be obliged to pay by reason of any infringement, at any
time during the prosecution or after the completion of the Work.
107.04 Restoration
of Surfaces Opened by Permit. The Director may
grant to the municipality in which the Work is performed a reservation of
rights to construct or reconstruct any utility service in the highway or street
or to grant permits for same, at any time.
Any
individual, firm, or corporation wishing to make an opening in the highway must
secure a permit. Allow parties bearing such permits, and only those
parties, to make openings in the highway. When ordered by the Engineer,
make in an acceptable manner all necessary repairs due to such openings.
The necessary repairs will be paid for as Extra Work, or as provided in the
Contract Documents, and will be subject to the same conditions as the original
Work performed.
107.05 Federal-Aid
Provisions.
When
the United States Government pays for all or any portion of the Project’s cost,
the Work is subject to the inspection of the appropriate Federal agency.
Such
inspections will not make the Federal Government a party to this
Contract. The inspections will in no way interfere with the rights of
either party to the Contract.
107.06 Sanitary
Provisions.
Provide
and maintain sanitary accommodations in a neat condition for the use of
employees and Department representatives that comply with the requirements of
the State and local Boards of Health, or of other authorities having
jurisdiction over the Project.
107.07 Public
Convenience and Safety. At all times,
ensure that the Work interferes as little as possible with the traffic.
Provide for the safety and convenience of the general public and the residents
along the highway and the protection of persons and property. Do not
close any highways or streets unless specifically allowed by the Contract.
107.08 Bridges
Over Navigable Waters. Conduct all Work
on navigable waters so that it does not interfere with free navigation of the
waterways and that it does not alter the existing navigable depths, except as
allowed by permit issued by the U.S. Coast Guard. Work within the flood
plain of a navigable stream may require a permit from the U.S. Army Corps of
Engineers. If an U.S. Army Corps of Engineers permit is required, provide
all documentation submitted to obtain the permit(s) and a copy of the permit(s)
to the Department.
107.09 Use
of Explosives.
When
the use of explosives is necessary for the prosecution of the Work, exercise
the utmost care not to endanger life or property, including new Work. The
Contractor is responsible for all damage resulting from the use of explosives.
Obtain
written permission to perform in-stream blasting from the Chief of the Division of Wildlife,
Ohio DNR according to ORC 1533.58. Provide the
Engineer with all documentation submitted to obtain this permit and with a copy
of the permit.
The
Contractor agrees, warrants, and certifies that it will observe State laws and
local ordinances and regulations relative to the use and storing of explosives
kept on the Project site.
Perform
all blasting operations according to Item 208.
107.10 Protection
and Restoration of Property. The Contractor
is responsible for the preservation of all public and private property impacted
by the Contractor’s operations.
The
Contractor is responsible for all damage or injury to property, during the
prosecution of the Work, resulting from any act, omission, neglect, defective
work or materials, or misconduct in the manner or method of executing the
Work. The Contractor will remain responsible for all damage and injury to
property until the Project is accepted under 109.12, except for portions of the Work accepted
under 109.11.
If
the Contractor causes any direct or indirect damage or injury to public or
private property by any act, omission, neglect, or misconduct in the execution
or the non-execution of the Work, then it must restore, at its own expense, the
property to a condition similar or equal to that existing before the damage or
injury.
If mail boxes, road, or street name
signs and supports interfere with the Work, then remove and erect them in a
temporary location during construction in a manner satisfactory to and as
directed by the Engineer. After completion of the Work and
before final acceptance of the Project, erect the mailboxes, road, or street
name signs and supports in their permanent locations according to the plans
unless otherwise directed by the Engineer. Consider the cost of this Work
as incidental to the affected items.
Cooperate
with the Engineer in protecting and preserving survey monuments that are
affected by the Work as required by ORC
5519.05. At the beginning of the Work, verify the position of all survey
monuments in the area to be improved, according to 623.
If survey monuments not shown in the Contract Documents are unexpectedly
encountered, then protect, reference, and preserve them in the same manner as
survey monuments that are shown in the Contract Documents.
Do
not create staging areas, store materials and equipment, or borrow or waste
materials in areas labeled as an environmental
resources areas in the Contract Documents. All properties to be utilized
by the Contractor outside the project
Right-of-Way must be cleared for all environmental resource impacts prior to
the beginning of work. Environmental resources include but may not be limited
to:
1.
Cultural Resources
a.
Buildings, structures, objects, and sites eligible for or listed on the National Register of Historic Places
b.
Historic or prehistoric human remains, cemeteries, and/or burial sites
(pursuant with ORC 2909.05 and 2927.11
2.
Ecological Resources
a.
Wetlands
b.
Streams
c.
Wooded areas with trees to be removed in excess of 8 inches diameter at breast
height
3.
Public Lands
a.
Lands meeting the criteria of 49 U.S.C.
303, 23 CFR 771.I35: 4(f).
b.
Lands meeting the criteria of 16 U.S.C.
4601-4, 36
CFR59.1: 6(f).
4.
FEMA Mapped 100 year Floodplains
5.
Hazardous Waste Areas
Except
for locations utilized specifically for parking of equipment between workdays
for maintenance type projects, all areas proposed to be utilized by the
Contractor outside the project construction limits shall be reviewed by
environmental contractor(s) that are prequalified by the Department for each
environmental resource. This exception applies to projects with
“maintenance” in the project description. Have the consultant(s) certify
that the proposed site to be utilized for the contractor will not impact:
1.
Cultural Resources
2.
Ecological Resources
3.
Public Lands
4.
FEMA Mapped 100 year Floodplains
5.
Hazardous Waste Areas
Provide
all documentation and the consultant certification to the Office
of Environmental Services with a copy to the Engineer.
Should
the areas proposed for use by the Contractor outside the project right of way
limits contain environmental resources the Contractor is responsible to the
Department for all environmental clearances and permits prior to the beginning
of work.
107.11 Contractor’s
Use of the Project Right-of-Way or Other Department-Owned Property.
A. Disposal of Waste Material and
Construction Debris and Excavation of Borrow on the Project Right-of-Way or on
Other Department-Owned Property.
Dispose of waste material according to 105.16 and dispose of construction debris according
to 105.17. In addition to the
rights granted in 104.03, the Contractor’s use
of the Project Right-of-Way or other Department-owned property for the disposal
of waste material and construction debris and excavation of borrow material is
restricted as follows:
1.
If the Contract Documents identify locations for the disposal of waste material
and construction debris or excavation of borrow material within the Project
Right-of-Way or on other Department-owned property, then only perform these
operations in these designated locations.
2.
If the Contract Documents do not identify locations for the disposal of waste
material and construction debris or excavation of borrow material within the
Project Right-of-Way or on other Department-owned property, then do not Bid
assuming that the Department will make such locations available.
If the Contractor’s
request to use locations within the Project Right-of-Way or on other
Department-owned property is approved by the Engineer, then the Department may
allow the Contractor to dispose of waste material and construction debris or
excavate borrow material for a fee of $0.50 per cubic yard.
B. Contractor’s Use of Portable Plants Within the Project Right-of-Way or on Other Department-Owned
Property. The Contractor’s use
of portable plants within the Project Right-of-Way or on other Department-owned
property is limited as follows:
1.
If the Contract Documents identify locations within the Project Right-of-Way or
on other Department-owned property to place a portable plant, then only place a
portable plant in these designated locations subject to the requirements of 107.11.C.
2.
If the Contract Documents do not identify locations within the Project
Right-of-Way or on other Department-owned property to place a portable plant,
then do not bid assuming that the Department will make such locations
available.
However, the
Department will consider a Value Engineering Change Proposal (VECP) for the
placement of a portable plant within the Project Right-of-Way or on other Department-owned
property and, if accepted, may allow the use of a particular site on its
property subject to the requirements of 107.11.C.
C. Placement of a Portable Plant within
the Project Right-of-Way or on Other Department-Owned Property. To place a portable plant within the Project
Right-of-Way or on other Department-owned property, comply with the following
requirements:
1.
Local noise ordinances.
2.
Obtain any necessary EPA permits for the operation of the plant. Provide
the Department with a copy of the information submitted to obtain the permit
and a copy of the permit.
3.
Provide the Engineer written certification that the plant will supply material
only for the Project for which it was approved. Do not use the plant to
supply any other project or to sell materials commercially.
4.
Submit a traffic control plan to the Engineer for approval that details the
anticipated truck movements and provides acceptable protection, warning, and
guidance to motorists, pedestrians, and the workers.
D.
Equipment Storage and Staging.
The Contractor may use, fee-free, any portion of the Project within the Project
Right-of-Way for staging, equipment storage, or an office site with the
approval of the Engineer, provided such usages do not interfere with the Work
and are not prohibited by the Contract Documents. Do not bid in
anticipation of using any properties within the Project Right-of-Way or Department-owned
property outside the Project Right-of-Way for equipment storage or staging.
E.
Equipment Removal and Site Restoration.
Remove all Contractor equipment and completely restore all utilized sites used
as required by 104.04 before Final Acceptance as
provided in 109.12.
107.12
Responsibility for Damage
Claims and Liability Insurance. The Contractor
shall indemnify and save harmless the State and all of its representatives,
municipalities, counties, public utilities, any affected railroad or railway
company, and any fee owner from whom a temporary Right-of-Way was acquired for
the Project from all suits, actions, claims, damages, or costs of any character
brought on account of any injuries or damages sustained by any person or
property on account of any negligent act or omission by the Contractor or its
subcontractors or agents in the prosecution or safeguarding of the Work.
The
Contractor shall procure and maintain insurance for liability for damages
imposed by law and assumed under this Contract, of the kinds and in the amounts
hereinafter provided from insurance companies authorized to do business in the
State by the Ohio
Department of Insurance. The cost of insurance is incidental to all
contract items. Before the execution of the Contract by the Director,
furnish to the Department a certificate or certificates of insurance in the
form satisfactory to the Department demonstrating compliance with this
subsection. Provide an insurance certificate or certificates that show
that the Contractor’s liability and auto policies coverage are not reduced,
restricted, or canceled until 30 days written notice has been given to the
Department by the insurer. Mail all certificates and notices to:
Administrator, Office of Contracts, Ohio Department of Transportation, 1980 West Broad Street, Columbus, Ohio 43223. Upon
request, the Contractor shall furnish the Department with a certified copy of
each policy, including the provisions establishing premiums.
The
types and minimum limits of insurance are as follows:
A. Workers’ Compensation Insurance. Comply with all provisions of the laws and
rules of the Ohio Bureau of Workers’
Compensation covering all operations under Contract with the Department
whether performed by it or its subcontractors. In addition, if a portion
of the Work is performed from a barge or ship or requires unloading material
from a barge or ship on a navigable waterway of the United States, it is the
responsibility of the Contractor to arrange coverage for that portion of the
Work under the Longshore and Harborworkers’
Compensation Act [33 USC
Section 901 et seq.] and the Jones Act [5 USC Section 751 et
seq.] and provide proof of coverage to the Department.
B. Commercial General
Liability Insurance. The
minimum limits for liability insurance are as follows:
General Aggregate
Limit
$2,000,000
Products - Completed
Operations
Aggregate
Limit
$2,000,000
Personal and Advertising
Injury Limit $1,000,000
Each Occurrence
Limit
$1,000,000
Obtain the above
minimum coverages through primary insurance or any
combination of primary and umbrella insurance. In addition, the
Department will require the General Aggregate Limit on a per project basis.
Ensure that the
Commercial General Liability Insurance policy names the State of Ohio,
Department of Transportation, its officers, agents, and employees as additional
insureds with all rights to due notices in the manner
set out above. Obtain Explosion, Collapse, and Underground (XCU) coverage at the same limits as the commercial general
liability insurance policy. In addition, if blasting is to be performed,
obtain XCU coverage providing a minimum Aggregate
Limit of $5,000,000 and Each Occurrence Limit of $1,000,000. Submit proof
of insurance, endorsements, and attachments to the Engineer prior to starting
the Work.
C. Comprehensive Automobile Liability
Insurance. The Comprehensive
Automobile Liability policy shall cover owned, non-owned, and hired vehicles
with minimum limits as follows:
Bodily Injury and Property
Damage Liability Limit
Each
Occurrence
$1,000,000
Insurance
coverage in the minimum amounts set forth neither relieves the Contractor from
liability in excess of such coverage, nor precludes the Department from taking
such other actions as are available to it under any other provisions of this
Contract or otherwise in law.
Clearly
set forth all exclusions and deductible clauses in all proof of insurance
submitted to the Department. The Contractor is responsible for the
deductible limit of the policy and all exclusions consistent with the risks it
assumes under this Contract and as imposed by law.
If
the Contractor provides evidence of insurance in the form of certificates of
insurance, valid for a period of time less than the period during which the
Contractor is required by terms of this Contract, then the Department will
accept the certificates, but the Contractor is obligated to renew its insurance
policies as necessary. Provide new certificates of insurance from time to
time, so that the Department is continuously in possession of evidence that the
Contractor’s insurance is according to the foregoing provisions.
If
the Contractor fails or refuses to renew its insurance policies or the policies
are canceled or terminated, or if aggregate limits have been impaired by claims
so that the amount available is under the minimum aggregate required, or
modified so that the insurance does not meet the requirements of 107.12.C, the Department may refuse to make
payment of any further monies due under this Contract or refuse to make payment
of monies due or coming due under other contracts between the Contractor and
the Department. The Department in its sole discretion may use monies
retained pursuant to this subsection to renew or increase the Contractor’s insurance
as necessary for the periods and amounts referred to above.
Alternatively, should the Contractor fail to comply with these requirements,
the Department may default the Contractor and call upon the Contractor’s Surety
to remedy any deficiencies. During any period when the required insurance
is not in effect, the Engineer may suspend performance of the Contract.
If the Contract is so suspended, the Contractor is not entitled to additional
compensation or an extension of time on account thereof.
Nothing
in the Contract Documents and insurance requirements is intended to create in
the public or any member thereof a third party beneficiary
hereunder, nor is any term and condition or other provision of the
Contract intended to establish a standard of care owed to the public or any
member thereof.
107.13
Reporting, Investigating,
and Resolving Motorist Damage Claims. The Contractor and the Department
are required to report, investigate, and resolve motorist damage claims
according to 107.10 and 107.12 and as follows.
When
a motorist reports damage to its vehicle either verbally or in writing to the Contractor,
the Contractor shall within 3 days make and file a written report to the
District’s construction office In the event that the Department directly
receives the motorist’s claim, the Department shall within 3 days send the
claim report to the Contractor. In the event the Contractor has not agreed to
resolve the motorist claim, the District’s construction office shall forward
the report to the Department’s Court of Claims Coordinator who, as a co-insured
party, may then contact the Contractor’s insurance company and request that the
insurance company investigate and resolve the claim. If the Contractor or their
insurance company does not resolve the claim in a timely manner, the Department
may advise the motorist of the option of pursuing the claim in the Ohio Court
of Claims..
In
the event of a lawsuit filed against the Department in the Ohio Court of Claims
by the motorist, the Department, as co-insured party, may request the
Contractor’s insurance company to defend this lawsuit and hold the Department
harmless according to 107.12.
If
the lawsuit claim amount is $2,500 or less and the Court of Claims Coordinator
determines that the Contractor is responsible for the claimed damages then the
Department's Court of Claims Coordinator may, after notifying the Contractor,
determine that it would be in the best interest of the Department to settle the
claim. Any settlement amount including court costs may be assessed to the
Contractor and deducted from the project. The Engineer will notify the
Contractor prior to executing the deduction. The Contractor or the Contractor's
insurance company may within 14 days appeal the assessment decision of the
Court of Claims Coordinator to the District Construction Engineer. The decision
of the DCA will be made within 14 days and will be
administratively final..
107.14
Opening Sections of Project to Traffic. The
Engineer may order the Contractor to open a section of the Work to the safe use
of traffic at any time. The Department will make an adjustment according 108.06 and 109.05 to
compensate the Contractor for the added costs and delay, if any, resulting from
such an opening.
107.15 Contractor’s
Responsibility for Work. Until the Final Inspector accepts the Work
during the Final Inspection according to 109.12.A,
the Contractor is responsible for the Project and will take every precaution
against injury or damage to any part thereof by the action of the elements or
from any other cause, whether arising from the execution or from the
non-execution of the Work. Rebuild, repair, restore, and make good all
injuries or damages to any portion of the Work occasioned by any of the above
causes before final acceptance. Bear the expense of the repairs except
when damage to the Work was due to unforeseeable causes beyond the control of
and without the fault or negligence of the Contractor, including but not
restricted to weather, civil disturbances, or governmental acts.
In
the event that the Engineer determines that damage to completed permanent items
of Work results from traffic using a substantially completed section of
Roadway, the Department may compensate the Contractor for repair of the damage
as authorized by Change Order. To receive compensation for the damage the
Contractor must meet the following requirements.
A.
Notify the Engineer of each occurrence of damage in writing within 10 Calendar
Days.
B.
Contact the local law enforcement agency to determine if the accident was
investigated and a report filed. If an accident report was filed, obtain
the report and notify the motorist, and copy their insurance company, via
registered mail that the motorist is responsible for the cost of damage
repairs. If the motorist does not respond within 30 days, make a second
attempt to contact the motorist and copy the insurance company via registered
mail.
C.
If no response is received from the motorist or insurance company within 30
days, send a letter to the Engineer and include documentation of good faith
effort to seek recovery from responsible parties.
D.
The Department will make an adjustment according to 108.06
and 109.05 to compensate the Contractor for
the added costs and delays, if any, resulting from repairing damaged Work.
If
there is no accident report on file and no means of identifying the guilty
motorist, the Contractor will likewise be compensated to repair the damaged
Work.
In
case of suspension of Work by the Contractor or under the provisions of 105.01, the Contractor is responsible for the
Project and shall take necessary precautions to prevent damage to the Project;
provide for normal drainage; and erect any necessary temporary structures,
signs, or other facilities at its expense. During such period of
suspension of Work, properly and continuously maintain in an acceptable growing
condition all living material in newly established plantings, seedings, and soddings furnished
under the Contract, and take adequate precautions to protect new tree growth
and other important vegetative growth against injury.
The
Engineer may direct the Contractor to remove graffiti any time during the
Work. The Department will make an adjustment according to 108.06 and 109.05 to
compensate the Contractor for the added costs and delays, if any, resulting
from all ordered graffiti removal.
107.16 Contractor’s
Responsibility for Utility Property and Services. At points where
the Contractor’s operations are adjacent to properties of railway, cable,
telephone, and power companies, or are adjacent to other property, and any
damage to their property may result in considerable expense, loss, or
inconvenience, do not commence with the operation until all arrangements
necessary for the protection of the property have been made.
Cooperate
with the owners of any underground or overhead utility lines in their removal
and rearrangement operations to ensure these operations progress in a
reasonable manner, that duplication of rearrangement Work may be reduced to a
minimum, and that services rendered by those parties will not be unnecessarily
interrupted.
In
the event interruption to underground or overhead utility services results from
an accidental breakage or from being exposed or unsupported, immediately alert
the occupants of nearby premises as to any emergency that the accidental
breakage may create at or near such premises. Then notify the Engineer
and the owner or operator of the utility facility of the disruption and
cooperate with the said utility owner or operator in the restoration of service.
If water service is interrupted, perform the repair work continuously until the
service is restored unless the repair work is performed by the local
governmental authority. Do not begin Work around fire hydrants until the
local fire authority approves provisions for continued service.
107.17
Furnishing Right-of-Way. The Department
is responsible for securing all necessary Right-of-Way in advance of
construction. The Bid Documents will indicate any exceptions. The
Department will notify all prospective Bidders in writing before the date
scheduled for receipt of Bids regarding the specific dates certain parcels will
be made available to the Contractor.
107.18 No
Waiver of Legal Rights. The following Department actions do not waive
the Department’s rights or powers under the Contract, or any right to damages
herein provided:
A. Inspection by the Engineer or by any
of Engineer’s duly authorized representatives.
B. Any order, measurements, or certificate
by the Director, or Department representatives.
C. Any order by the Director or
Department representatives for the payments of money or the withholding of
money.
D. Acceptance of any Work.
E. Any extension of time.
F. Any possession taken by the State or
its duly authorized representatives.
The
Department will not consider any waiver of a breach of this Contract to be a
waiver of any other subsequent breach.
107.19 Environmental
Protection.
Comply
with all Federal, State, and local laws and regulations controlling pollution
of the environment. Avoid polluting streams, lakes, ponds, and reservoirs
with fuels, oils, bitumens, chemicals, sediments, or
other harmful materials, and avoid polluting the atmosphere with particulate
and gaseous matter.
By
execution of this contract, the Contractor, will be deemed to have stipulated
as follows:
A.
That any facility that is or will be utilized in the performance of this contract,
unless such contract is exempt under the Clean Air Act, as amended (42
U.S.C. 1857 et seq., as amended by Pub.L.
91-604), and under the Federal Water Pollution Control Act, as amended (33
U.S.C. 1251 et seq., as amended by Pub.L.
92-500), Executive Order
11738, and regulations in implementation thereof (40 CFR 15) is not
listed, on the date of contract award, on the U.S. Environmental
Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR
15.20.
B.
That the firm agrees to comply and remain in compliance with all the
requirements of Section
114 of the Clean Air Act and Section 308
of the Federal Water Pollution Control Act and all regulations and guidelines
listed thereunder.
C.
That the firm shall promptly notify the SHA of the
receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized
for the contract is under consideration to be listed on the EPA List of
Violating Facilities.
D.
That the firm agrees to include or cause to be included the requirements of
paragraph 1 through 4 of this Section in every nonexempt subcontract, and
further agrees to take such action as the government may direct as a means of
enforcing such requirements.
Fording
of streams is prohibited. Causeways for stream and river crossings or for
Work below a bridge are permitted provided:
A.
The causeway is constructed according to 207.03.B.8.b.
B.
The causeway complies with the requirements of the 404 Permit the Department
obtained for the Project.
C.
The Contractor obtains a 404 Permit from the U.S. Army Corps of Engineers if
the Department has not obtained such a permit. Obtain the 404 Permit
prior to beginning construction of the causeway. The Department does not
guarantee that the Contractor will be able to obtain a 404 Permit.
Comply with all
current provisions of the Ohio Water Pollution Control Act, (OWPCA), (ORC Chapter 6111). The
Department will obtain a storm water permit under the OWPCA
provisions when the plan work acreage requires a permit. The storm water
permit will not cover the Contractor’s work outside the Project limits shown on
the Plans. Apply for a permit to cover operations outside the Project
limits shown on the plans as required by the OWPCA
provisions. When the Department has not applied for a permit on the
Project and a permit is required under the provisions of the OWPCA because of the total area of the Contractor’s work,
apply for, obtain, and comply with the required permit for both the Work within
Project limits and the Contractor’s work.
The Department
has obtained the required permits from the U.S. Army Corps of Engineers and
Ohio EPA for Work in the “Waters of the United States” and isolated wetlands
under ORC Chapter 6111.
Comply with the requirements of these permits.
When equipment
is working next to a stream, lake, pond, or reservoir, spill response equipment
is required in the event of a hydraulic leak. Do not stockpile fine
material next to a stream, lake, pond, or reservoir.
Take precautions
to avoid demolition debris and discharges associated with the excavation and
hauling of material from entering the stream. Remove any material that
does fall into the stream as soon as possible.
When excavating
in or adjacent to streams, separate such areas from the main stream by a dike
or barrier to keep sediment from entering the stream. Take care during
the construction and removal of such barriers to minimize sediment entering the
stream.
Accomplish
control of ground water and water in excavations in a manner that prevents the
degradation of the water quality of any surface water. Install wells and
well points with suitable screens and filters where necessary to prevent the
continuous pumping of fines. Pump sediment-laden water in a manner to
prevent degradation of streams, lakes, ponds, or other areas of water
impoundment. Such prevention may involve but is not limited to the means
and methods described in Item 207. Use the current version of the Sediment
and Erosion Control Handbook to
plan this work. Use the methods necessary to prevent adverse effects to
surface waters as provided in OAC-3745-1-04.
The cost of constructing and maintaining these measures is incidental to the
Contract.
Contain,
collect, characterize and legally dispose of all waste water and sludge
generated during the work. Do not mix waste water with storm water. Do not
discharge any waste water without the appropriate regulatory permits.
Manage waste water and sludge in accordance with ORC Chapter 6111 and all other laws,
regulations, permits and local ordinances
relating to this waste. Waste water management is incidental to the Work unless
otherwise specified in the contract.
Control
the fugitive dust generated by the Work according to OAC-3745-17-07(B), OAC-3745-17-08, OAC-3745-15-07, and OAC-3745-17-03 and local
ordinances and regulations. In addition, use dust control measures when
fugitive dust creates unsafe conditions as determined by the Engineer.
Perform this work without additional compensation except for Item 616.
Perform
open burning according to 105.16.
107.20 Civil
Rights.
Comply with Federal, State, and local laws, rules, and regulations that
prohibit unlawful employment practices including that of discrimination because
of race, religion, color, sex, national origin, disability or age and that
define actions required for Affirmative Action and Disadvantaged Business
Enterprise (DBE) programs..
107.21
Prompt Payment. . In
accordance with ORC 4113.61,
make payment to each subcontractor and supplier within 10 Calendar Days after
receipt of payment from the Department for Work performed or materials
delivered or incorporated into the Project, provided that the pay estimate
prepared by the Engineer includes Work performed or materials delivered or
incorporated into the public improvement by the subcontractor or supplier.
Promptly release any retainage held, as set forth in
any subcontractor or supplier agreement, within 10 days of department's
acceptance of the work involving the subcontractor or supplier from whom retainage has been held. For the sole purpose of
establishing a time frame for the release of the subcontractor or supplier retainage, acceptance of subcontractor or supplier work
will occur when the subcontractor or supplier has complied with the
requirements of 109.12.A, B
and C.
Also
require that this contractual obligation be placed in all subcontractor and
supplier contracts that it enters into and further require that all
subcontractor and suppliers place the same payment obligation in each of their
lower tier contracts. If the Contractor, subcontractors, or supplier
subject to this provision fail to comply with the 10 Calendar Day requirement,
the offending party shall pay, in addition to the payment due, interest in the
amount of 18 percent per annum of the payment due, beginning on the eleventh
Calendar Day following the receipt of payment from the Department and ending on
the date of full payment of the payment due plus interest.
Repeated
failures to pay subcontractors and suppliers timely pursuant to this subsection
will result in a finding by the Department that the Contractor is in breach of Contract
and subject to all legal consequences that such a finding entails.
Further, repeated failures to pay timely pursuant to this subsection will
result in a lower evaluation score for the Contractor and those subcontractors
who are subject to evaluation by the Department.