|104.09 Construction Over or Adjacent to Navigable Waters
Conduct work over, on, or adjacent to navigable waters without interfering with free waterway navigation. Comply with permits issued by the U.S. Coast Guard or the U.S. Army Corps of Engineers, and obtain and comply with other permits as identified in the contract.
104.10 Contractor’s Responsibility for Work
Protect project work from damage whether or not related to performing the work, except as specified in Subsection 104.04(B)(1), until written acceptance of the project as defined in Subsection 105.17.
Rebuild, repair, restore, and make good all losses, injuries, or damage, under the control of the Contractor, at no cost to the Agency. Rebuild, repair, restore, and make good all losses, injuries, or damage, not under the control of the Contractor, under agreed unit prices or as extra work under Subsection 109.04. Items not under the control of the Contractor are acts of God, or acts of the public enemy or of governmental authorities.
During work suspensions, ensure that there is no damage to the project, provide for normal drainage, and erect necessary temporary structures, signs, or other facilities. Maintain all newly established plantings, seedings, and sodding and protect new tree or other designated vegetative growth in acceptable condition. Bear responsibility for costs incurred in periods of suspension defined in Subsection 104.04(B)(2).
104.11 Environmental Protection
Comply with all Federal, State, and local laws and regulations controlling environmental pollution. Prevent pollution of streams, lakes, ponds, and reservoirs with sediment, fuels, oils, bitumens, chemicals, or other harmful materials. Prevent atmospheric pollution from particulate and gaseous matter. Ensure that any work has appropriate erosion and sediment control measures in place to prevent discharge into bodies of water.
Ford or work in streams only as allowed by permit. Ensure that any work results in minimal stream siltation.
Use a dike or barrier to prevent sediment from work areas or pits located in or adjacent to streams from entering the stream.
Treat water used to wash aggregate or from other operations that produce sediment by filtration, settling basins, or other methods that reduce sediment concentrations to the level of the stream or lake into which it is discharged.
Meet requirements for temporary and permanent erosion and sediment controls as specified in Section 207.
104.12 Contractor Proposals for Value Engineering
The Contractor and the Agency will share equally the savings resulting from a Value Engineering Change Proposal (VECP) offered by the Contractor and approved by the Agency.
Base contract bid prices on actual work rather than on VECPs that are subject to Agency approval. If a VECP is rejected, complete the contract as bid.