Section 1107. Legal Relations and Responsibility to the Public
A. The Contractor is presumed to be familiar with all laws, ordinances, and regulations that may in any manner affect those engaged or employed upon the work, or materials or equipment used in or upon the work, or that may in any way affect the conduct of the work. The Contractor shall so conduct the work that conflict with any such laws, ordinances, or regulations will be avoided, and the Contractor shall save harmless the Contracting Authority and its representatives against any claims arising from violation thereof.
B. The provisions of Iowa Code 73, concerning preference for Iowa products and labor, shall not apply to contracts involving work financed wholly or in part by the Federal Government.
C. All contractors must register with the Labor Commissioner as required by the Iowa Code 91C. For State contracts, this registration must be on file prior to the award of contract.
D. Contractors shall indicate whether or not they are an "out of state contractor", as defined in Iowa Code 103A.3.
E. On non-Federal aid contracts, out-of-state contractors shall either file a surety bond, as provided in Iowa Code 91C.7, with the Division of Labor Services in the amount of $25,000 for a one-year period or shall provide a statement to the Division of Labor Services that they are prequalified to bid on contracts with the Department.
1107.02 INSURANCE.
A. It shall be the Contractor's responsibility to have liability insurance covering all of the construction operations incident to contract completion and the Contractor must have on file with the Contracting Authority a current "Certificate of Insurance" prior to award of contract. The certificate shall identify the insurance company firm name and address, Contractor firm name, policy period, type of policy, limits of coverage, and scope of work covered (single contract or statewide). This requirement shall apply with equal force, whether the work is performed by persons employed directly by the Contractor including a subcontractor, persons employed by a subcontractor, or by an independent contractor.
B. In addition to the above, the Contracting Authority shall be included as an insured party, or a separate owner's protective policy shall be filed showing the Contracting Authority as an insured party.
C. The liability insurance shall be written by an insurance company (or companies) qualified to do business in Iowa. For independent contractors engaged solely in the transportation of materials, the minimum coverage provided by such insurance shall be not less than that required by Chapter 325A, Code of Iowa, for such truck operators or contract carriers as defined therein. For all other contractors, subcontractors, independent contractors, and the Contracting Authority, the minimum coverage by such insurance shall be as follows:
General Liability, Including: BODILY INJURY
Independent Contractors $500,000 Each Occurrence
Contractual Liability, $500,000 Aggregate
Products and Completed Operations PROPERTY DAMAGE
$250,000 Each Occurrence
$250,000 Aggregate
or
BODILY INJURY AND PROPERTY DAMAGE
- COMBINED SINGLE LIMIT*
$750,000 Each Occurrence
$750,000 Aggregate
*A comprehensive Catastrophe Liability Policy (Umbrella) can be used to aid in achieving the minimum required limits.
D. Failure on the part of the Contractor to comply with the requirements of this article will be considered sufficient cause to suspend the work, withhold estimates, and to deny the Contractor from receiving further contract awards, as provided in Article 1103.01.
1107.03 PERMITS, LICENSES, AND TAXES.
The Contractor shall procure all necessary permits and licenses; pay all charges, fees, and taxes; and give all notices necessary and incident to the due and lawful prosecution of the contract.
1107.04 PATENTED DEVICES, MATERIALS, AND PROCESSES.
A. The Contractor and Contract Surety shall indemnify and save harmless the Department, any affected third party, or political subdivision from any and all claims for infringement by reason of the use of any patented or copyright item.
B. The Contractor shall indemnify the Department for costs, expenses, and damages that may be obligated for payment by reason of an infringement during the prosecution of the work or after completion of the project.
1107.05 RESTORATION OF SURFACES OPENED BY PERMIT.
A. Prior to final acceptance, if any repairs to the roadway are necessary due to construction or repair of drains or sewers, laying or repairing of pipes or conduits for telegraph or electric wires, or from any other disturbance of the roadway under permission issued by the Contracting Authority, the Contractor shall, upon notification by the Engineer, immediately make necessary repairs in conformance with the contract documents. These repairs shall be paid for per Article 1109.03, B; however, compensation will not be allowed when these repairs are made necessary by the Contractor's negligence or carelessness.
B. The Contractor shall not authorize any person or persons to make an opening in the roadway unless a permit, duly authorized by the Contracting Authority, is presented.
A. The attention of the Contractor is directed to the provisions of an act of Congress known as Title 23, United States Code, Section 1 and any other acts of Congress providing for road improvements. When the Federal Government is to pay all or any portion of the cost of an improvement or project, the construction work, although it is under the supervision of the Department and subject to laws of the State of Iowa, is also subject to the above mentioned acts of Congress and to all authorities. This construction work shall be subject to inspection by duly authorized agents of the Federal Government, but this inspection will not make the Federal Government a party to the contract.
B. Build America, Buy America.
On Federal aid contracts and contracts where the Department is the Contracting Authority, all products of iron, steel, and construction materials, which are permanently incorporated into the work, shall comply with the Build America, Buy America Act (BABA) and Materials I.M. 107. Construction materials for the purposes of BABA compliance are defined below.
1. All products of iron and steel shall be of domestic origin and shall be melted and manufactured in the United States. All coatings of iron and steel products shall be applied in the United States. Minimal amounts of these materials from foreign sources may be allowed, provided the cost does not exceed 0.1% of the contract sum or $2,500, whichever is greater. This amount shall include transportation, assembly, and testing as delivered cost of foreign products to the project.
2. All construction materials shall be produced in the United States. Construction materials are defined as an article, material, or supply that is or consists primarily of:
· non-ferrous metals;
· plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables);
· glass (including optic glass);
· lumber; or
· drywall.
1107.07 SAFETY, HEALTH, POLLUTION, AND SANITATION.
A. In the performance of the contract, the Contractor shall comply with all applicable laws, rules, regulations, and ordinances governing safety, health, pollution, sanitation, noise control, and disposal of waste materials. The Contractor shall also make available such additional safeguards, safety devices, protective equipment, and take such actions as are reasonably necessary to protect the life and health of employees and the public. Violations of properly promulgated laws, rules, regulations, and ordinances reported to the Engineer by responsible agencies may result in the issuance of a suspension order until such time as the violation is corrected.
B. The Contractor shall make adequate provisions satisfactory to the Engineer for safety of inspectors, particularly at sampling locations. Provisions shall include guards for moving belts, pulleys, and wheels near the sampling point and a stable platform when sampling is to be done from an elevated location.
C. There shall be suitable retention dams in areas where approved liquid asphalt materials or asphalt binder are stored and used, to minimize pollution of nearby areas from effects of normal rains. The Contractor shall take other necessary precautions to prevent pollution of streams, lakes, ponds, reservoirs, and other areas with fuels, oil, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter.
D. Machinery must be properly maintained at all times in order to limit engine noise as well as other extraneous noise.
E. When directed by the Engineer, and with no additional compensation, the Contractor shall apply water to the construction area and haul routes, as necessary, to prevent the spread of dust. On Primary Roads and Primary Road extensions, on temporary Primary Road haul roads, and when designated in the contract documents construction areas adjacent to Primary Roads on which traffic is maintained, the Contractor will be paid for watering ordered by the Engineer at the rate of $75.00 per 1000 gallons.
1107.08 PUBLIC CONVENIENCE AND SAFETY.
A. The schedule for removal of existing guardrail and traffic control devices requires Engineer’s approval. The Contractor may be required to place temporary warning devices at locations where replacement features are not installed the same day as removal takes place.
B. The Contractor shall conduct the work to assure the least possible obstruction to access by the residents along the project. The Contractor shall schedule and conduct the work in such a way as to provide for their safety and convenience. The Contractor shall submit a construction staging plan to the Engineer for local access required to remain open. Relocated accesses shall be completed prior to removal of existing accesses. If a permanent access cannot be completed prior to removal of an existing access, the Contractor shall provide and maintain an alternate access. Work and materials required by the Engineer for public convenience and safety in excess of that provided for in the contract documents will be paid for per Article 1109.03, B.
C. Whenever it is practical to do so, the Contracting Authority will close the portion of the road under construction, provide a detour, and cause suitable detour signs to be erected to mark such detour.
D. When it is not practical for the Contracting Authority to close the road for construction, the Contractor will be expected to perform the work under traffic. The contract documents will provide instructions for handling traffic through the work area. Unless otherwise stated in the contract documents, all work shall be performed by the Contractor between the hours of 30 minutes after sunrise to 30 minutes before sunset.
E. Except when the contract documents indicate the road is to be closed, traffic will be permitted to use the roads involved at all times and shall not be delayed unnecessarily. Construction equipment and materials may be stored within the right-of-way, at least 15 feet from the edge of the traveled way, and the roadbed shall be free of Contractor's equipment during non-working hours. The work shall be planned and conducted to cause a minimum delay or interference with traffic.
F. When work on a traveled way necessitates diverting traffic from a work lane to another lane, material, personnel, equipment, and vehicles shall occupy the work lane to the minimum extent and for the minimum time necessary, and non-mobile equipment shall be removed from the work lane promptly after its operation is completed in that lane.
G. On two-lane roadways, a work area shall be established only on one side of the roadway and there shall be no parking of vehicles or equipment on the opposite shoulder within 500 feet of the work area. The location for storage of materials and equipment by the Contractor during nonworking hours shall be at least 15 feet from the edge of the traveled way and approved by the Engineer prior to use.
H. On divided highways, parking of unattended equipment within the median or storage of equipment within 50 feet of the edge of the traveled way will not be allowed.
I. Materials stored within the highway right-of-way shall be placed to cause a minimum obstruction to traffic. Sidewalks, gutters, sewer inlets, and portions of highway adjoining the roadway under construction shall not be obstructed more than is necessary.
J. When the shoulder work is a part of the contract for work on a project open to public traffic during construction, the Contractor shall coordinate the operations so that the length and degree of pavement edge drop-off caused or partly caused by the operations are minimized.
K. Shoulder construction in conjunction with PCC overlay or HMA resurfacing shall meet the following:
1. Paved Shoulders (Partial or Full Width).
Construction shall be staged so no drop-offs exist at the pavement or shoulder edge when the adjacent lane is to be opened to traffic. The pavement edge drop-off requirement shall be satisfied with an HMA shoulder fillet. This fillet shall extend into the shoulder area a minimum of six times the thickness of the drop-off and shall be placed prior to the adjacent lane being opened to traffic. Compaction of the HMA fillet shall be a minimum of one coverage with a pneumatic tired roller per 1 inch of thickness. The fillet shall be removed prior to start of shoulder paving. The shoulder edge drop-off requirement shall be satisfied with a granular fillet, meeting the requirements of the following paragraph.
2. Granular Shoulders.
Construction shall be staged so no drop-offs exist at the pavement edge when the adjacent lane is to be opened to traffic. The drop-off requirements shall be satisfied with a shoulder fillet or full shoulder width of granular material according to Article 2121.03. The fillet shall extend into the shoulder area a minimum of six times the thickness of the drop-off and shall be placed prior to the adjacent lane being opened to traffic. Compaction of the fillet shall be a minimum of one coverage with a pneumatic tired roller per 1 inch of thickness.
L. Paved shoulder construction adjacent to existing travel lanes shall meet the following:
1. HMA Shoulder.
· Drop-offs greater than 2 inches will not be allowed when the adjacent lane is open to traffic,
· Place the final lift of HMA shoulder material within 48 hours of the previous lift.
2. PCC Shoulder.
Do not open adjacent lane until PCC shoulder is cured enough to support traffic control devices.
M. When the Contractor works on a bridge spanning a roadway or passageway, the Contractor shall take all necessary steps to protect the public using the facility below the bridge from falling debris, material, or construction equipment. The Contractor shall submit a safety procedure written plan to the Engineer prior to starting work. The plan shall include the following:
· Design of the means and methods used to provide protection.
· All assumptions used in the design.
Evaluation of the plan and design may require its preparation by a Professional Engineer licensed in the State of Iowa. If so, the costs will be paid for in accordance with Article 1109.03, B.
1107.09 Contracting Authority and Contractor Traffic Control Responsibilities.
A. Barricades, channelizing devices, warning signs, and other aspects of traffic control shall be in accordance with the contract documents. In providing adequate and proper traffic control, both the Contracting Authority and the Contractor have certain responsibilities.
1. Responsibilities of the Contracting Authority.
a. Advance Notification.
Whether a road is closed for construction or traffic is to be maintained during construction, the Contracting Authority will furnish, erect, and maintain such suitable advance warning signs, warning lights, and barricades as it deems appropriate outside the project area, in addition to those barricades and signs required to be erected by the Contractor. If necessary, where a road is closed for construction, a marked detour will be established.
b. Primary Road Intersections.
The Department will furnish, erect, and maintain such suitable advance warning signs, warning lights, and barricades as it deems appropriate where a Primary Road intersects a Primary project to provide a marked detour for through traffic using the intersecting Primary route or to provide advance notification to through traffic using the intersecting Primary Road and passing through the intersection. A marked detour may allow public traffic to use the intersection.
c. Secondary Projects.
Where a Secondary Road project requires work within a Primary Road right-of-way or extension of the right-of-way across the Secondary Road, the Primary Road shall be protected as a Primary project through which traffic is maintained. The Department will furnish, erect, and maintain such suitable advance warning signs, warning lights, and barricades as it deems appropriate. The County will notify the Department so this protection can be provided for Secondary projects.
d. Availability.
Except when there is an item for traffic control, all signs and traffic control devices (except pilot car signs and flagger signs) will be made available to the Contractor at a nearby site designated by the Engineer. They will be furnished by the Contracting Authority.
e. Additional Notification.
Any additional signs, barricades, or notification beyond the project area deemed appropriate by the Engineer will be the responsibility of the Contracting Authority.
f. Regulatory and Warning Signs.
The Contracting Authority will erect prior to construction any additional special regulatory or warning signs required due to construction that are located outside of the project limits. This does not apply to warning and regulatory signs specifically required for traffic control zones necessary for construction activities defined in the contract documents.
g. Suspensions.
By agreement, the Contracting Authority will accept responsibility for maintenance of signs and barricades when work is suspended for 30 calendar days or more, or when such time of suspension is anticipated.
2. Responsibilities of the Contractor.
a. General.
1) The Contractor shall be responsible for placing and maintaining proper barricades, warning signs, and other traffic control devices on the project, and the Contractor shall take every reasonable precaution to prevent traffic from interfering with the work and to prevent the work from interfering with the traffic; and shall take every reasonable precaution to provide for safety of the general public traveling to, through, within, along, and across the project. Where the road is closed for construction, the Contractor shall take every reasonable precaution to protect the work and equipment and to provide for safety of the public. When traffic is to be maintained through the construction, the Contractor shall erect and maintain all signs; furnish, erect, and maintain all other traffic control devices and pilot cars; and provide all flaggers necessary to protect the traveling public. Payment for this work will be in accordance with Article 2528.05.
2) The Contractor shall furnish, erect, and maintain ROAD WORK AHEAD and END ROAD WORK signs at the mainline limits of individual work areas on highway construction or contract maintenance projects where traffic is maintained through a traffic control zone. The ROAD WORK AHEAD sign shall be placed to identify where traffic enters a traffic control zone. The END ROAD WORK sign shall be placed to identify where traffic leaves a traffic control zone and be located at least 500 feet beyond the work area. Should more than one contractor be working on the project, the Engineer will assign the responsibility for these signs.
b. Intersecting Local Public Roads.
1) When a road closed for construction intersects other local public roads within a project, the Contractor shall erect and maintain barricades and warning signs in accordance with the contract documents. Payment for this work will be in accordance with Article 2528.05.
2) The responsibility described in the previous paragraph is intended to be in addition to actions of the Department described in Article 1107.09, A, 1, b.
c. Entrance from Local Public Roads.
On local public roads open to traffic during construction, the Contractor shall erect and maintain signs in accordance with the contract documents. Payment for this work will be in accordance with Article 2528.05.
d. Shoulder Drop-Offs.
Drop-offs at paved and granular shoulders shall be treated as provided in Article 1107.08. All other drop-offs shall be handled in accordance with project plan requirements.
e. Sign Removal.
1) The Contractor shall not remove, move, or obstruct any regulatory, guide, or warning sign without approval of the Engineer. If these signs interfere with construction, approval of the Engineer shall be obtained prior to removal; temporary re-erection, if appropriate; and re-erection by the Contractor.
2) The Contractor shall be responsible for erecting, moving, maintenance, and removal of all signs necessary to protect the work area and uncompleted work and signs required elsewhere by the contract documents.
3) If the Contractor inadvertently damages a regulatory, guide, or warning sign, or makes it ineffective, the Contractor shall correct it and promptly notify the Engineer.
f. Availability of Signs.
The Contractor shall pick up signs and barricades furnished by the Contracting Authority at the site designated and shall return them when the work is completed.
g. Traffic Control Item.
When there is a contract item for traffic control, the Contractor shall furnish all signs, barricades, channelizing devices, and other traffic control identified in the contract documents.
h. Commencement of Responsibility.
The Contractor shall assume the responsibility required by this article because of the operations concurrent with possession of the work site or right-of-way through moving of equipment, machinery, tools, or materials thereon and in all cases when the work is commenced.
i. Cleaning.
The reflective surfaces of signs and traffic control devices shall be washed, as described in Article 2528.03, O, 6, and shall be clean at the time of initial installation on a project.
j. Traffic Control in Place.
At any time signs, barricades, or other traffic control devices are in place, for which the Contractor is responsible, the Contractor provide the Engineer the following information at the preconstruction conference or before work commences:
1) The name and telephone number of a 24 hour emergency response person for traffic control (answering services are not acceptable); so that repair or maintenance of these devices can occur promptly, within 2 hours and
2) The name and telephone number of the traffic control technician in responsible charge of the traffic control for the project per Article 2528.01, C.
B. The contract documents may require placement, maintenance, and removal of temporary and permanent pavement marking and temporary delineators. This work shall be in accordance with requirements of Section 2527.
C. An additional flagger shall be stationed at public road intersections or crossings within the work area, if necessary, to prevent vehicles from entering the work area against the flow of traffic. When traffic control is incidental, additional flaggers will not be paid for separately.
D. The Engineer may require additional flaggers or other safeguards because of unusual or changed conditions, including suspensions and delays. Except when the need arises from the Contractor's actions or inactions, this will be paid for in accordance with Article 1109.03.
A. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from use of explosives.
B. All explosives shall be stored in a secure manner in compliance with all laws and ordinances and in quantities maintained at a practical minimum. Storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and, in general, not closer than 1000 feet from the road, building, camping area, or place of human occupancy.
C. The Contractor shall notify each public utility company having structures in proximity to the site of the work of the Contractor's intention to use explosives. This notice shall be given sufficiently in advance to enable the companies to take such steps as may be necessary to protect their property from damage.
1107.11 PROTECTION AND RESTORATION OF PROPERTY.
A. The Contractor shall replace or renew fences, sidewalks, or other property damaged by performance of the work or the negligence of the Contractor's employees.
B. The Contractor shall take suitable precautions to prevent damage to telephone, telegraph, and electric transmission lines along the highway and to pipes, conduits, and other underground structures.
C. Unnecessary breaks in tile lines due to the Contractor’s operations shall be replaced at no additional cost to the Contracting Authority.
D. The Contractor shall be responsible for damage to property resulting from the performance of the work; however, this responsibility shall not extend to damage to fences, telephone, telegraph, or electric lines occupying the right-of-way unlawfully, provided due caution has been used in removing them.
E. The Contractor shall carefully protect from disturbance all land monuments and property marks until an authorized agent has witnessed or otherwise referenced their location, and the Contractor shall not remove them until so directed.
F. The Contractor's responsibility shall not be released until the work under the Contractor's contract is completed and accepted.
1107.12 RESPONSIBILITY FOR DAMAGE CLAIMS.
A. The parties agree that it is their intent that there be no third-party beneficiaries to this contract. No provision of this contract; or of any addendum, materials instructional memorandums, plan, proposal, special provision, standard specification, developmental specification, supplemental specification, or general supplemental specification; shall be construed as creating any third-party beneficiaries.
B. The Contractor shall indemnify and save harmless the Contracting Authority and other agencies which have concurred in the award of the contract, as well as their officers and employees, from all suits, actions, or claims of any character, except as provided in the next sentence. Indemnity shall not, however, extend to acts or omissions for which the Contracting Authority is solely responsible, though it shall extend to those claims, actions, or suits in which the Contractor, Subcontractor, or either's employee or agent, and the Contracting Authority are alleged to be, or could be, jointly or concurrently liable. Any funds due said Contractor under the Contractor's contract as may be considered reasonable and necessary by the Contracting Authority for such purpose may be retained for the use of the Contracting Authority; in case no money is due, the Contractor's surety may be held until such suit or suits, action or actions, claim or claims have been settled and suitable evidence to that effect furnished to the Contracting authority, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence of insurance covering the claim, action, or suit.
C. The Contractor's responsibility for providing warning devices required by Article 1107.09 to avoid damages or injuries to the traveling public on any portion of the road covered by the contract shall not cease until the work on such portion has been released by the Engineer. A "release" in this context means a written statement by the Engineer stating that the Contractor may cease to maintain barriers and lights, that the road may be opened to traffic, and that the Contractor is relieved of further maintenance of that portion of the road. This release shall not constitute an acceptance of the work.
D. The Contractor's responsibility for maintenance of lights on any individual structure will cease upon final acceptance of such structure, or when released in writing by the Engineer.
1107.13 OPENING OF SECTIONS OF HIGHWAY TO TRAFFIC.
A. When any substantial portion, part, or feature of a contract is completed to the extent that its stability and integrity is not dependent upon completion of other items or work required in the contract, that portion, part, or feature may be released by the Engineer, after conferring with the Contractor, and opened to traffic or received for public usage prior to final approval and acceptance of all work involved in the contract. The Contractor will not be responsible for damages due to the elements or the general wear of traffic to those portions, parts, or features of the road which have been released by the Engineer. The Contractor will be responsible for any damages which may be caused by defective work or failure to comply with the contract documents.
B. The above provisions relating to a release by the Engineer will be applicable only to those portions, parts, or features of a contract for which the Engineer has furnished to the Contractor a written release.
1107.14 CONTRACTOR'S RESPONSIBILITY FOR WORK.
The Contractor will be responsible for care and maintenance of partially completed work and finished work on any portion of the road until the Contractor has been released by the Engineer from this responsibility. It shall be the Contractor's responsibility to adjust the operation or method of operation to prevent any damage of any nature to any portion of partially completed or completed work, except for damage to work in officially designated disaster areas where the damage results from Acts of God for which the designation is made. Repair work shall be done promptly upon being so ordered by the Engineer.
1107.15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY FACILITY AND SERVICES.
A. The Contracting Authority will endeavor to have all necessary adjustments made to public or private utilities within or adjacent to the limits of construction prior to construction activities, except those requiring coordination with the Contractor. Utility facilities have been plotted from available surveys and records, and shall be considered approximate. Other utilities may exist and their location may not be presently known or identified on the plans. The Contractor shall notify Iowa One-Call at 1.800.292.8989 to identify the location of all underground utility facilities within the construction area.
B. The Contractor shall determine the exact location of all public and private utility facilities located within the construction area to avoid damage in accordance with Iowa Code 480.4. The Contractor shall have considered in their bid all permanent and temporary utility appurtenances in their present or adjusted positions as shown in the contract documents. For projects not developed under 761 IAC 115.25 and not designated as POINT 25 projects in the contract documents, additional compensation will not be allowed for any delays, inconvenience, or damage sustained by the Contractor due to any interference from the utility appurtenances or their operation or relocation.
C. Where existing utility facilities are shown in the contract documents or encountered within the construction area, the Contractor shall notify the utility company prior to beginning construction activities. The Contractor shall be responsible for notifying utilities and conducting work near utility facilities, required by Iowa Code 480.4.
D. Any system for supplying water, gas, power, or communications; a storm sewer, sanitary sewer, drainage tile, or other system for transmitting liquids; a pipeline system; traffic signalization system; and lighting systems within the limits of the proposed construction, which are to be adjusted, are to be moved by the utility company at their expense, except as otherwise provided for in the contract documents.
E. The Contractor shall cooperate with utility companies in their adjustment operations so that these operations may progress, the duplication of adjustment work may be reduced, and that services rendered by those parties will not be interrupted.
F. Where the Contractor's operations are adjacent to properties of railway, communication, or power companies, or are adjacent to other utility facilities where damage might result in considerable expense, loss, or inconvenience, work shall not begin until all arrangements necessary for protection of the facilities have been made.
G. In the event of interruption to utility services as a result of accidental breakage or as a result of being exposed or unsupported, the Contractor shall promptly notify the proper authority and shall cooperate with the authority in restoration of service. If a utility service is interrupted, repair work shall be continuous until service is restored.
H. Primary projects developed under 761 IAC 115.25 and designated as POINT 25 projects in the contract documents, where the utility company's adjustment is dependent on work by the Contractor, the Contractor shall provide the Contracting Authority and the utility company a good faith notice 14 calendar days and a confirmation notice not less than 3 working days before the Contractor's work will be complete and ready for the utility company to begin its work. If the utility fails to complete the adjustment of its facilities and fails to submit or comply with its accepted work plan as referenced in the Utility Status Report in the contract documents, and these failures result in a delay to the Contractor or causes damages to be incurred by the Department or Contractor, the utility may be liable for costs and damages incurred as a result of its failure to perform.
1107.16 PERSONAL LIABILITY OF PUBLIC OFFICIALS.
In carrying out any of the provisions of the contract, or in exercising any power or authority granted to any agent or representative of the Contracting Authority thereby, there shall be no liability upon such agent or representative, including the Engineer or authorized assistants, either personally or as an official of the Contracting Authority, it being understood that in such matters the Engineer acts as the agent and representative of the Contracting Authority.
1107.17 NO WAIVER OF LEGAL RIGHTS.
A. The Contracting Authority shall not be prevented by any measurement, estimate, or certificate made either before or after the completion and acceptance of the work and payment therefore from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or that the work or materials do not, in fact, conform to the contract.
B. The Contracting Authority shall not be prevented, notwithstanding any such measurement, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor and the Contractor's sureties such damages as it may sustain by reason of the Contractor's failure to comply with the terms of the contract. Neither acceptance by the Contracting Authority, or any representative of the Contracting Authority, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, nor any possession taken by the Contracting Authority, shall operate as a waiver of any portion of the contract, or for any power herein reserved, or any right to damages herein provided. A waiver of any breach of contract shall not be held to be a waiver of any other or subsequent breach.
1107.18 ENVIRONMENTAL PROTECTION.
A. Protection of Water Quality and Wetlands.
1. The Contractor shall comply with the requirements of the Clean Water Act (33 U.S.C. 1344 and 33 CFR 323) and Executive Order 11990. When it becomes necessary for the Contractor to work in waters of the United States, the Contractor shall be aware that a Section 404 permit and Section 401 Water Quality Certification may be required.
2. When required, the Contracting Authority will obtain a Section 404 permit and Section 401 Water Quality Certification for essential work on the right-of-way prior to the award of the contract. The Contractor shall adhere to the requirements of the permit. Activities occurring in or across waters of the United States not specifically reviewed and approved in the permit are not authorized. If the Contractor desires to use construction methods that are not specifically approved by the permit, the Contractor shall be responsible for obtaining approval in the form of a new Section 404 permit from the U.S. Army Corps of Engineers and possibly DNR. The Contractor shall not use construction methods that require additional mitigation by the Contracting Authority. The Contractor will not be granted additional compensation or contract time due to their request for a new permit. If, however, due to no fault of the Contractor, a Section 404 permit modification involving activities within the right-of-way is deemed necessary by the Engineer, additional contract time and/or compensation may be considered.
3. Projects regulated by the requirements of a Clean Water Act Section 404/401 Permit will be identified in the contract documents. The Contractor shall comply with the following requirements in order to meet the general conditions of Clean Water Act Section 404/401 Permits.
a. Inspection.
The Contractor shall allow representatives from the DNR or U.S. Army Corps of Engineers to inspect the work any time deemed necessary to ensure that the work is being accomplished in accordance with the terms and conditions of the contract documents and permit.
b. Timing.
The Contractor is encouraged to conduct construction activities during a period of low flow unless otherwise agreed upon by the Engineer.
c. Vegetation Clearing.
Clearing of vegetation, including trees located in or immediately adjacent to waters of the state, shall be limited to that which is absolutely necessary for construction of the project as indicated in the contract documents. Vegetative clearing material shall not be disposed of in a waterway or wetlands unless otherwise indicated in the contract documents.
d. Disposal and Handling.
Construction debris shall be disposed of at upland, non-wetland locations so that it cannot enter a waterway or wetland. Equipment for handling and conveying materials during construction shall be operated to prevent dumping or spilling the materials into waterbodies, streams, or wetlands except as approved by the Engineer. Care shall be taken to prevent petroleum products, chemicals, or other deleterious materials from entering waterbodies, streams, or wetlands.
e. Erosion Control and Sediment Controls.
Erosion control features shall be installed by the Contractor in accordance with Sections 2601 and 2602.
f. Revegetation.
Disturbed areas not covered with revetment shall be seeded in accordance with Section 2601.
g. Temporary Fills.
If temporary crossings, causeways, or work pads are needed for the work, then temporary structures and fills shall be constructed in accordance with Section 2547.
h. Flowable Mortar.
Flowable mortar shall be installed in accordance with Section 2506.
i. Bridge Removal.
When bridge removal is identified in the contract documents, the bridge and piers shall be removed in accordance with Section 2401. Debris from bridge removal that falls into the water shall remain there only temporarily and shall be removed by the Contractor.
j. Revetment.
Revetment materials shall comply with Section 4130.
k. Navigation.
No activity shall cause more than a minimal adverse effect on navigation. Safety lights and signals required by the contract documents shall be installed on authorized facilities in navigable waters of the United States. Payment will be made in accordance with Article 1109.03.
l. Aquatic Life Movements.
When indigenous aquatic life has been identified in the contract documents, no activity shall substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area.
m. Spawning Areas.
When spawning areas and spawning seasons have been identified in the contract documents, the Contractor shall limit activities in spawning areas during spawning seasons and avoid these areas. Contractor’s activities that result in physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area will be prohibited, unless otherwise indicated in the contract documents.
n. Suitable Material.
No activity shall use undesirable material (e.g. trash, debris, car bodies, asphalt, etc.). Discharged material or material used for construction shall be free from toxic pollutants in toxic amounts in accordance with Section 307 of the Clean Water Act.
o. Water Supply Intakes.
Unless otherwise indicated in the contract documents, no activity shall occur in the proximity of a public water supply intake, except where the activity is for repair or improvement of public water supply intake structures or adjacent bank stabilization.
p. Adverse Effects From Impoundments.
If construction activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, or restricting its flow shall be minimized.
q. Management of Water Flows.
To the maximum extent practical; the pre-construction course, condition, capacity, and location of open waters shall be maintained by the Contractor during construction, including stream channelization and storm water management activities. Temporary stream diversion shall be done in accordance with Section 2418.
r. Equipment.
1) Heavy equipment working in wetlands or mudflats shall be placed on mats, or other measures shall be taken to minimize soil disturbance.
2) Unless otherwise indicated in the contract documents, heavy equipment shall not be used or operated within the stream channel. If in-stream work is unavoidable, it shall be performed in such a manner as to minimize the duration of the disturbance, turbidity increases, substrate disturbance, bank disturbance, and disturbance to vegetation.
s. Threatened and Endangered Species.
Activities shall be completed in accordance with Article 1107.18, B, 1.
t. Historic Properties.
No activity will be authorized which violates the requirements of Section 106 of the National Historic Preservation Act.
u. Mitigation.
The work shall be constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States at the project site (i.e., on site).
4. Dewatering.
a. For projects regulated by Iowa DNR National Pollutant Discharge Elimination System (NPDES) General Permit No. 2, discharges from dewatering activities, including from trenches and excavations, are prohibited unless managed by appropriate controls.
b. Contractor is responsible for obtaining any additional necessary permits or approvals.
B. Threatened and Endangered Species.
1. Threatened and Endangered Species.
No activity will be authorized which jeopardizes the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or will destroy or adversely modify the critical habitat of such species.
2. Threatened and Endangered Bats.
To protect threatened/endangered bats, trees deemed suitable habitat shall be removed in accordance with Article 2101.01, A, unless otherwise directed in the contract documents. The Contractor shall limit removal of forest cover to those areas which are absolutely necessary for the construction of the work. Areas of suitable habitat for threatened and endangered bats shall be determined by the Contracting Authority.
3. Working in Topeka Shiner Watersheds.
When critical habitat for Topeka shiner is identified in the contract documents, the following special conditions shall be implemented:
a. The Contractor shall not deposit sweepings, washings, treatment chemicals, or grouting and bonding materials in the stream or into any location where such pollutants can be washed in the stream by runoff water.
b. To protect Topeka Shiners during their peak spawning period, Contractor shall not conduct project activity within the stream bed between the dates of May 15 and July 31, inclusive. Constructing or removing temporary crossings, causeways, and weirs is prohibited between those dates as well. Previously constructed crossings, causeways, and weirs may remain in place between those dates.
c. Prompt attention is required for placing and maintaining temporary erosion control measures to minimize unnecessary sediment loading of the stream. Within one week of land disturbance at the project site, place appropriate temporary erosion control measures (e.g. silt fencing, hay bale ditch checks, erosion control blankets, rock ditch checks, etc.) and/or temporary grass seeding.
d. Within one month (or during the next appropriate seeding period) following completion of construction, reseed all areas denuded of vegetation as a result of the permitted action, including all borrow areas that drain into the stream, using a permanent seed mix.
e. The Contractor shall not take sand for use in mixing concrete and/or asphalt from the project site, unless indicated otherwise in the contract documents.
f. The Contractor shall protect off-channel wetland complexes, such as old oxbow meanders, that are present near the project area.
g. The Contractor shall locate and protect temporary storage and/or staging facilities for waterways, tributaries, or drainageways within the project areas. In the event of an accidental spill, follow established state and federal spill reporting procedures. For Iowa DOT projects, immediately notify the Office of Location and Environment.
4. Mussel/Shellfish Beds.
When mussel/shellfish beds have been identified in the contract documents, no construction activity shall occur in areas of concentrated shellfish populations.
C. Active Nests of Migratory Birds.
1. To protect migratory birds, the Contractor shall not conduct construction activities where active nests are present. Active nests are likely to be present between the dates of April 1 and July 15. Active nests are nests containing eggs or young of migratory birds.
2. Prior to the date the contract is fully executed, the Contracting Authority will be responsible to remove non-active, existing migratory bird nests and monitor to prevent the establishment of active nests.
3. Beginning on the date the contract is fully executed, the Contractor shall remove non-active, existing migratory bird nests and monitor to prevent establishment of active nests. Only costs associated with removing nests prior to initial mobilization will be paid as extra work as per Article 1109.03, B.
4. In the event that active nests are discovered, stop work and notify the Engineer.
1. No activity will be authorized which violates the requirements of Section 106 of the National Historic Preservation Act.
2. When required, the Contracting Authority will obtain Section 106 authorization for essential work on the right-of-way prior to the award of the contract. The Contractor shall adhere to the requirements of the authorization.
3. The Contractor shall comply with Article 2102.03, J, if historic, cultural or archeological remains and artifacts are discovered while accomplishing the work under contract.
1. The Contractor shall comply with Article 1107.07, C.
2. The removal, transport, and disposal of asbestos from buildings and structures scheduled for demolition or renovation shall be done in accordance with Section 2536.
3. The removal of underground tanks and remediation of petroleum contaminated soil shall be done in accordance with Section 2537.
4. The salvage, removal, and disposal of buildings and other obstructions from the project site shall be done according to in accordance with Section 2538.
The Contractor shall comply with Article 1107.07, D.
1. The following definitions apply to this specification:
a. Loess Hills.
A distinctive topographic landform encompassing over 640,000 acres in portions of seven Iowa counties: Plymouth, Woodbury, Monona, Harrison, Pottawattamie, Mills, and Fremont. The Loess Hills extend nearly 200 miles in a narrow band adjacent to the Missouri River floodplain, and are characterized by distinctive topographic features such as steep, narrow ridge crests, peaks, saddles, and numerous steep side slopes, branching spurs, and precipitous bluffs. The western boundary of the Loess Hills is generally defined by the sheer, nearly vertical faces rising from the adjoining Missouri River floodplain. The topography along the eastern boundary is more gradual and the soil types tend to be gradational; therefore, soil borings will be used to define Loess soils material, using a 50 foot or greater measurement to refine boundaries. Less than 50 foot Loess soils depths will not be considered Loess Hills.
b. Special Landscape Areas.
Twelve areas within the Loess Hills encompassing approximately 92,000 acres, and provide clusters of exemplary remnant prairie and geological/topographical features. The Special Landscape Areas are found along the western margins of the Loess Hills where the loess is the deepest, the topographic relief is greatest, and the exposure to sun and wind provide favorable conditions for prairie communities. The rugged topography within these areas also has served to protect inaccessible prairies from intensive livestock grazing and other human-induced disturbance. The Special Landscape Areas were identified by National Park Service, in coordination with advocacy organizations and Iowa DNR staff, while conducting the Loess Hills of Western Iowa Special Resources Study in 2002.
c. Glenwood Locality.
The Glenwood Locality, located in Mills County, contains a rich and diverse prehistoric archeological record that spans 12,000 to 13,000 years.
2. The Contractor shall ensure areas (including haul roads and staging areas) selected for furnishing borrow or for waste or disposal of excess material (excavated material or broken concrete), do not impact or encroach upon the western face of the Loess Hills landform, any of the twelve Special Landscape Areas located within the Loess Hills landform, or the Glenwood Locality.
3. The Contractor shall avoid areas (including haul roads and staging areas) for furnishing borrow or for waste or disposal of excess material (excavated material or broken concrete), that exhibit natural vegetation, which is defined as herbaceous or woody vegetation that is unmodified by human activities, vegetation that has been altered by humans but has retained or regained characteristics of an undisturbed community, or vegetation that has been planted by humans but is not actively maintained for agricultural/commercial purposes. Areas that have been cultivated and planted to non-native grasses, legumes, or grass-legume mixtures for purposes of livestock grazing, seed production, or hay crops shall not be given consideration as natural vegetation, except in cases where threatened or endangered species are present.