Waste or disposal areas and construction roads shall be locate constructed in a manner that will keep sediment from entering str or other bodies of water.

Where practicable, borrow pits, gravel pits, quarry sites and or disposal areas shall be located so that they will not be visible the highway and shall be so excavated that water will not colle stand therein, unless otherwise provided. Final restoration of b or waste disposal areas shall include grading, establishment of ve tive cover, or other necessary treatments that will blend the are the surrounding area.

Overburden shall be stripped from all borrow pits, aggregate and quarries, and stockpiled for later use in obliteration of the After a pit has served its purpose, all waste material that may been temporarily stored outside of the pit shall be moved back in pit. The pit shall be neatly sloped and trimmed, and side slopes tened to the maximum extent possible, consistent with the slope natural ground surface. The stockpiled overburden material shal be spread, uniformly, over the sides and bottom of the pit area. U otherwise provided, no direct payment will be made for this wo 106.03 Samples, Tests, Cited Specifications. All material which tests are specified will be inspected, and tested for accepta by the Engineer before incorporation in the work.

Any work in which untested materials are used without appro written permission of the Engineer will be performed at Contractor's risk in accordance with Clause 10 of SF 23A or as h provided. Material found to be unacceptable and unauthorized w be paid for and, if directed by the Engineer, shall be removed Contractor's expense.

Unless otherwise designated, when a reference is made in the tract to a specification, standard, or test method adopted by AASI ASTM, GSA, or other recognized national technical association, it mean the specification, standard, or test method (including inter tentative issues) which is in effect on the date of advertiseme bids.

All materials being used are subject to inspection, test or retes rejection at any time prior to or during incorporation into the w Copies of all test reports will be furnished to the Contractor's resentative at his request.

Certification of Compliance. (a) The Engineer may permit use to sampling and testing of certain materials or assemblies accomp by Certificates of Compliance stating that such materials or assen fully comply with the requirements of the contract. The certif shall be signed by the manufacturer. Each lot of such materi assemblies delivered to the work must be accompanied by a Certi of Compliance in which the lot is clearly identified.

(b) Materials or assemblies used on the basis of Certificates of Compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not.

(c) The form and distribution of Certificates of Compliance shall be as approved by the Engineer.

(d) The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of Certificates of Compliance.

(e) The Contractor shall provide an approved mechanical sampling device at crushing and screening plants, and shall take samples as requested by the Engineer.

106.04 Inspection at the Plant. Pursuant to SF 23A the Engineer may undertake the inspection of materials at the source. Manufacturing plants may be inspected periodically for compliance with specified manufacturing methods, and material samples will be obtained for laboratory testing for compliance with material quality requirements. This may be the basis for acceptance of manufactured lots as to quality. In the event inspection is undertaken at the plant, the following conditions shall be met:

(a) The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials.

(b) The Engineer shall have full entry at all times to such parts of the plant as may concern the manufacture or production of the materials being furnished.

(c) If required by the special provisions the Contractor shall arrange for an approved building for the use of the inspector; such building to be located conveniently near the plant, and conforming to the requirements of subsection 106.05.

106.05. Field Laboratory; Bulletin-Board.

If provided in the special provisions, the Contractor shall provide a weatherproof building or trailer for the exclusive use by the Engineer as a field laboratory. The structure shall have adequate work space for required testing operations and be provided with necessary heat, water supply, lighting and any other utilities shown in the special provisions. The Contractor shall provide and maintain a substantial weatherproof bulletin board at a conspicuous accessible location on the project site until final acceptance of the work. The size and construction shall be suitable for the continuous display and protection from the elements and vandalism of posters and other information as required by the contract.

All devices and structures furnished by the Contractor under this subsection shall remain his property and be removed by him when no longer needed by the Engineer. No direct payment will be made for structures or utilities furnished, but the costs thereof will be considered to be included in pay items of the contract.

106.06 Storage of Materials. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. The

equipment and methods used for stockpiling aggregates and for ing the aggregates from the stockpiles shall be such that no detri degradation or segregation of the aggregate will result and t appreciable amount of foreign material will be incorporated in aggregate and that there will be no intermingling of stockpiled n als. Stockpiles shall be built up in layers not to exceed five feet (1 in thickness. When materials are stockpiled by conveyors, the shall be limited to six feet (1.83 m). Stored materials, even t approved before storage, may again be inspected prior to their the work. Stored materials shall be located so as to facilitate prompt inspection. Approved portions of the right-of-way may b for storage purposes and for the placing of the Contractor's pla equipment, but any additional space required therefor must b vided by the Contractor at his expense. Private property shall used for storage purposes without written permission of the ow lessee, and if requested by the Engineer copies of such written p sion shall be furnished him. All storage sites from which the material has been removed shall be restored to their original con by the Contractor at his expense.

106.07 Handling Materials. All materials shall be handled in manner as to preserve their quality and fitness for the work. A gates shall be transported from the storage site to the work in vehicles so constructed as to prevent loss or segregation of mat after loading and measuring in order that there shall be no incons cies in the quantities as actually received at the place of operati

106.08 Unacceptable Materials. All materials not within re ably close conformity to the requirements of the specifications a time tested for acceptance will be considered as unacceptable a such materials will be rejected in accordance with subsection 1 and shall be removed immediately from the site of the work unles defects are corrected and the material subsequently approved b Engineer. No rejected material, the defects of which have been rected, shall be used until approval has been given.

106.09 Material Furnished by the Government. Any mat furnished by the Government will be delivered or made available t Contractor at the points specified in the special provisions or show the plans. The cost of handling and placing all such materials after are delivered to the Contractor will be considered as included in contract price for the item in connection with which they are used. Contractor will be held responsible for all material delivered to hi the Government and deductions will be made from any monies due to make good any shortages, deficiencies, and damages which occur after such deliver, and for any demurrage charges.

Section 107.-LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

107.01 Laws to be Observed. The Contractor shall keep fully informed of all Federal and State laws, all local laws, ordinances, safety codes, regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, safety codes, regulations, orders, and decrees; and shall protect and indemnify the Government and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance safety code, regulation, order, or decree, whether by himself or his employees.

The Contractor shall obtain workmen's compensation insurance in accordance with the benefit amount requirements of the laws of the State in which the work is to be performed.

107.02 Permits and Responsibilities.

See SF 23A, General Provisions.

107.03 Patented Devices; Materials, and Processes. See SF 23A, General Provisions.

107.04 Surfaces Opened by Permit. The right to construct or reconstruct any utility service in the highway or street or to grant permits for same, at any time, is hereby expressly reserved by the Government for the proper authorities of the locality in which the work is done and the Contractor will not be entitled to claim any damages, other than time adjustment, for delay due to such permitted work.

When an individual, firm or corporation is authorized through a duly executed permit from the Government, the Contractor shall allow parties bearing such permits, and only those parties, to make openings in the highway. When directed by the Engineer, the Contractor shall make in an acceptable manner all necessary repairs due to such openings and such necessary work will be paid for in accordance with subsection 109.04 or as provided in the specifications, and will be subject to the same conditions as original work performed.

107.05 Federal Procurement Regulations. All construction contracts supervised directly by the FHWA are awarded under the Federal Procurement Regulations promulgated by the U.S. General Services Administration.

107.06 Sanitary, Health, and Safety Provisions. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his employees and for the use of government employees when the special provisions do not contain other provisions, to comply with the requirements of the State and local Boards of Health, or of other bodies or tribunals having jurisdiction. No direct payment will be made for the work required by this subsection, but the costs thereof will be considered to be included in bid prices of the

contract. Attention is directed to Federal, State and local laws, and regulations concerning construction safety and health stand The contractor shall not require any worker to work in surroundir under conditions which are unsanitary, hazardous or dangerous health or safety.

107.07 Public Convenience and Safety. The Contractor sh all times so conduct his work as to assure the safety and convenie the general public and the residents along the highway and to a the protection of persons and property.

Care shall be taken at all times to regulate the operations so protect visitors and campers in the National Forest or Park or Government reservation involved. No road shall be closed by the tractor to the public except by written permission of the Engine

107.08 Railway-Highway Provisions. If the plans require materials be hauled across the tracks of any railway, the Govern will arrange with the railway for any new crossings required or fo use of any existing crossings. If the Contractor elects to use cros other than those shown on the plans, he shall make his own arra ments for the use of such crossings.

All work to be performed by the Contractor in construction o railroad right-of-way shall be performed at such times and in manner as not to unnecessarily interfere with the movement of t or traffic upon the track of the railway company. The Contractor use all care and precaution in order to avoid accidents, damag unnecessary delay or interference with the railway company's trai other property.

Railroad liability insurance shall be obtained by the Contract provided in the special provisions.

107.09 Construction Over or Adjacent to Navigable Wa All work over, on or adjacent to navigable waters shall be so condu that free navigation of the waterways will not be interfered with that the existing navigable depths will not be impaired excep allowed by permit issued by the U.S. Coast Guard and/or the Army Corps of Engineers, as applicable.

107.10 Barricades, Warning Signs and Other Devices. Contractor shall provide, erect, and maintain all necessary barrica suitable and sufficient lights, danger signals, signs and other tr control devices, and shall take all necessary precautions for the pr tion of the work and safety of the public. Highways closed to tr shall be protected by effective barricades, and obstructions sha illuminated during the hours of darkness. Suitable warning signs be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance of any plac the project where operations may interfere with the use of the roa traffic, and at all intermediate points where the new work crosse coincides with an existing road.