Attachment A.pdf

South Carolina Department of Transportation

STANDARD

SPECIFICATIONS

FOR

HIGHWAY

CONSTRUCTION

107.1 107.4

SECTION 107

LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC

107.1 Laws to be Observed

Keep fully informed of, and at all times observe and comply with, all federal, state, and local laws, ordinances, 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 that in any way affect the conduct of the work or the execution of any documents in connection therewith. Protect and indemnify the Department 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.

2 Execute and file such documents, statements, and affidavits required under any applicable federal or state law or regulation affecting the Contract or the prosecution of the work thereunder. Permit the examination of any records made subject to such examination by any federal or state law or by regula tions promulgated thereunder by any state or federal agency charged with the enforcement of such law.

107.2 Permits, Licenses, and Taxes

Unless otherwise specified, obtain all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incident to the due and lawful prosecution of the work.

107.3 Patented Devices, Materials, and Processes

If the Contractor desires to use any design, device, material, or process covered by letter of patent or copyright, provide for such use by suitable legal agreements with the patentee or owner. However, whether or not such agreement is made, together with the Surety, 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 such patented design, device, material, process, trademark, or copyright in connection with the work agreed to be performed under the Contract. Indemnify the Department for all costs, expenses, and damages, which it may be obligated to pay because of any such infringement at any time during the prosecution of or after the com pletion of the work.

107.4 Restoration of Surfaces Opened by Permit

Any individual, firm, or corporation wishing to make an opening in the high way must secure a permit from the Department. The right to make openings, construct or reconstruct any utility service in the highway, or grant permits for it at any time is expressly reserved by the Department. The Contractor is not entitled to any damages either for the making of openings in the highway or for any delay occasioned thereby.

107.4 107.8

2 Allow parties bearing such permits, and only those parties, to make open-ings in the highway. When ordered by the RCE or RME, make all necessary repairs due to such openings in an acceptable manner. Such necessary work is paid for as Extra Work as provided for in these specifications and is subject to the same conditions as original work performed.

107.5 Federal Participation

When the United States government is to pay all or a portion of the cost of a project, observe the federal laws authorizing such participation and rules and regulations made pursuant to such laws. When any federal laws, rules, or regulations are in conflict with provisions of a federally assisted Contract, the federal requirements prevail. These requirements take precedence and are in force over and against any such conflicting provisions. The work is un der the supervision of the Department, but subject to the inspection of the ap propriate federal agency. Such inspection does not make the federal gov ernment a party to the Contract and does not interfere with the rights of either party hereunder.

107.6 Sanitary Health and Safety Provisions

Provide and maintain in a neat and sanitary condition such accommoda tions for the use of employees as necessary to comply with the requirements and regulations of the SCDHEC or of other authorities having jurisdiction.

Attention is directed to federal, state, and local laws, rules, and regulations concerning safety and health standards. Do not require any worker to work in surroundings or under conditions that are unsanitary, hazardous, or danger ous to their health or safety.

3 Comply with requirements pertaining to noise controls on equipment.

107.7 Air Pollution Control

Comply with the South Carolina Air Pollution Control laws, regulations, and standards as they concern the related work included in the Contract. Copies of the requirements may be obtained from the SCDHEC Bureau of Air Quality Control. Comply with county, municipal, or other regulations pertaining to air pollution.

107.8 Quarantine Regulations

Comply with the quarantine regulations of the Clemson University Division of Regulatory and Public Service Programs and the USDA for plant and insect pest control as they pertain to Witchweed, Imported Fire Ant, or any other in sect pest quarantine. Keep informed as to the counties or areas within the State in which quarantine is imposed.

2 Soil and soil moving equipment operating in regulated areas is subject to plant and insect quarantine regulations. In general, these regulations provide for cleaning soil from equipment before it is moved from regulated areas.

Complete information may be secured from the Division of Regulatory and Public Service Programs at Clemson University and the USDA. Addresses

107.8 107.10 for the USDA are as follows:

3 USDA, APHIS, PPQ

Room 513 Federal Building 334 Meeting Street Charleston, SC 29403

USDA, APHIS, PPQ

9600 Two Notch Road, Suite 10 Columbia, SC 29229

USDA, APHIS, PPQ

1030 St. Andrews Road, Suite A-1 P. o. Box 21792 Columbia, SC 29210

USDA, APHIS, PPQ

1949 Industrial Park Road, Room 153 P. O. Box 762 Conway, SC 29526

USDA, APHIS, PPQ

2102 Airport Road Greer, SC 29651

USDA, APHIS, PPQ

P. O. Box 12212 Greenville, SC 29612

USDA, APHIS, PPQ

180 Airport Road, Suite F Mullins, SC 29574

USDA, APHIS, PPQ

1-95 & Hwy. 68 P. O. Box 707 Yemassee, SC 29945

107.9 Public Convenience and Safety

At all times, conduct the work in such a manner as to reasonably provide for the safety and convenience of the traveling public and of the residents along and adjacent to the highway and to offer the least practicable obstruc tion to the flow of traffic. This provision does not require the Contractor to provide for the safety and convenience of the traveling public for those por tions of the highway or roadway that are not within the scope and the work being performed by the Contractor as defined by the Contract. Do not close any bridge or culvert or any portion of the road to traffic until permission has been granted by the RCE.

2 When materials and equipment are stored within the right-of-way, place them to cause the minimum obstruction to the traveling public. Conform to the requirements for storage of material equipment in Subsection 601.2.1.

107.10 Construction of Bridges Over or Adjacent to Navigable Waters

Conduct all work over, on, or adjacent to navigable waters so that free navigation of the waterways is not interfered with and that the existing navi gable depths are not impaired except as allowed by permit issued by the U.S.

Coast Guard and/or the U.S. Army Corps of Engineers as applicable.

2 Provide and maintain such temporary navigation lights and signals as may be required by U.S. Coast Guard regulations for the protection of navigation.

When, in the judgment of the RCE, the construction has reached a point where such action should be taken, promptly clear the channel or channels through the structure of all falsework, piling, or other obstructions placed

107.11 107.12 therein to the satisfaction of the U.S. Coast Guard. Complete such clearing before the acceptance of the project.

107.11 Traffic Control

The FHWA Manual on Uniform Traffic Control Devices (MUTCD) has been adopted as the official source for traffic control guidelines for SCDOT policies and procedures on installing and maintaining signs, markings, and signals in South Carolina. The MUTCD may be viewed online at the FHWA website at http://mutcd.fhwa.dot.gov. Execute the item Traffic Control as required by the Specifications, the Plans, and the current edition of the MUTCD adopted by the Department. Provide, erect, and maintain all necessary barricades, warn ing signs, lights, temporary signals, temporary striping, and other traffic con trol devices as required by the Specifications, the Plans, and the MUTCD.

Perform this work without compensation unless bid items for such work are included in the Contract. The Contractor is not required to provide traffic con trol on any portion of the highway outside the scope of its work.

2 The Department will erect and maintain signs on detours or temporary routes that the Contractor is not required to maintain. Provide and maintain such signs at and along all detours for which the Contractor is responsible.

Maintain and relocate, where necessary, all regulatory, warning, and guide signs in place of those that may be erected by the Department within the lim its of the project.

3 The work as defined in the Contract is considered to have begun with the placing of permanent construction signs by the Contractor. The work is con sidered completed when the RCE authorizes the Contractor to remove the permanent construction signs and the Contractor does so. The RCE may permit the Contractor to omit permanent construction signs on low volume roads or streets where the work will be completed within the daylight hours of a single day. However, if the permanent construction signs are omitted, in stall temporary signs while the work is in progress.

4 Ensure that all barricades, signs, and traffic control devices conform to the requirements of the MUTCD. All signs in the MUTeD have been given an identification number, and a full-scale drawing of each sign is available for sign fabricators from the Director of Traffic Engineering.

107.12 Measu rement and Payment for Traffic Control

The item Traffic Control is paid on a lump sum (LS) basis; and therefore, there is no specific measurement for this item. Payment is made on a per centage complete basis as specified in Subsection 601.6.

2 The payment for Traffic Control does not include payment for permanent construction signs, temporary concrete barrier, portable terminal impact at tenuators, changeable message signs, pavement markings, temporary pave ment markers, or any item specified as a bid item with a contract unit bid price in the Contract.

107.12 107.13.4

3 The pay itemfor TrafficControlis as follows:

Item No. PayItem Unit

1071000 TrafficControl LS

107.13 Correcting Low Shoulder Conditions

107.13.1 Identifying Existing Low Shoulders Before the Commencement of Work

Before the placementof the permanentconstructionsigns and before the work commenceson a resurfacingproject,togetherwith the RCE inspectthe roadswithin the projectto identifyexisting low shoulderconditions. The Con tractor is responsiblefor placing low shouldersigns at the identifiedlocations and for correcting the existing low shoulder conditions where possible by bringing in and spreading borrow material before starting the resurfacing work. Agreewith the RCEon the time allowedto performwork on correcting the existing low shoulder conditions. The RCE will provide the Contractor with a written list of the specific areas identified as requiring low shoulder signs and additional work to correct low shoulder conditions and will also specifythe time allowedto completethe work. The Contractoris paid for this work at the contractunit bid pricefor BorrowExcavationand PermanentCon structionSigns in accordancewith the requirementsof Sections 203and 605 respectively.

107.13.2 Maintenance of Low Shoulder Signs During the Project Maintainall low shouldersignswithin the termini of the projectuntil the low shoulderconditionshavebeencorrectedto the satisfactionof the RCE.

107.13.3 Work Related to Existing Low Shoulders

Within 3 working days of completionof the low shoulder correctionwork, the RCEwill inspect the prescribedwork and, if necessary,direct in writing, the placementof additionallow shouldersigns or borrowmaterial before the Contractorcan commencepavingoperations. Oncethis low shoulderwork is complete, no further correctiveaction is required by the Contractoruntil the road surfaceis pavedunlessthe Contractoris directedto do so by the RCE.

107.13.4 Correction of Low Shoulders Created by Resurfacing

Uponcompletionof the final riding surfaceon each road, begin correcting low shoulder conditions within 3 days. Make reasonable efforts, weather permitting, to continue the work until the low shoulder conditionsare elimi nated to the satisfactionof the RCE. When necessary,correct low shoulder conditionsgreater than 2 inchesby placingborrowmaterialagainst the edge of the pavementor by suchothermethodas directedby RCE.

2 Whenwithin 3 days of completingshoulderwork on a roadway,notify the RCE. Within 3 working days of such notification,the RCE will inspect the prescribedwork and, if necessary,will direct in writing the placementof addi-

107.14 107.16 tional borrow material.

107.14 Railway/Highway Provisions

If the Plans require that materials be hauled across the tracks of any Rail way Company, arrange with the Railway Company for new crossings if re quired or for the use of existing crossings not within the system of public roads.

Perform all work on the railroad right-of-way at such times and in such manner as not to interfere with the movement of trains or traffic upon the track of the Railway Company. Use all care and precaution in order to avoid acci dents, damage, delay, or interference with the Railway Company's trains or other property.

Reimburse the Railway Company directly under terms arranged with them for all charges by the Railway Company for the construction or use of new or existing private crossing and their subsequent removal and all charges for services of railroad personnel at such crossings. Make certain that all such payment is made to the Railway Company before the acceptance of the pro ject.

Conduct all operations that occur on or over the right-of-way of any Railway Company fully within the rules, regulation, and requirements of the Railway Company and in accordance with any agreement made between the Depart ment and the Railway Company, which is made a part of the Contract.

107.15 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 the new work. The Contractor is responsible for all damage resulting from the use of explosives. Store all explosives in a secure manner in compliance with all laws, ordinances, and regulations.

2 Comply with all laws and ordinances, as well as with Title 29CFR, Part 1926, Safety and Health Regulations for Construction (OSHA), whichever is the most restrictive with respect to the use, handling, loading, transportation, and storage of explosives and blasting agents.

3 Notify each public utility company having structures in proximity to the work site of the intention to use explosives and give such notice sufficiently in ad vance to enable the companies to take such steps as they deem necessary to protect their property from injury. Such notice does not relieve the Contractor of responsibility for any damage resulting from blasting operations.

107.16 Preservation and Restoration of Property, Trees, Monuments, etc.

Do not enter upon private property for any purpose without first obtaining permission. The Contractor is responsible for the preservation of all public and private property, trees, crops, monuments, highway signs and markers, fences, etc. along and adjacent to the roadway. Use every precaution neces-

107.16 107.18 sary to prevent damage or injury thereto. Use suitable precaution to prevent damage to pipes, conduits, underground structures, poles, wires, cables, and other overhead structures, whether shown on the Plans or not. Protect from disturbance or damage all land monuments and property marks until an au thorized agent has witnessed or otherwise referenced their location and do not remove them until directed. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work or in conse quence of the non-execution thereof on the part of the Contractor, restore, at no additional expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed or make good such damage in an ac ceptable manner. If the Contractor fails to restore such property, or make good such damage or injury, the RCE may, upon 48 hours notice, proceed to repair, build, or otherwise restore such property as may been deemed neces sary, and the cost thereof is deducted from any monies due, or that may be come due the Contractor under the Contract. If no such monies are available, the expenses so incurred are charged against the Contractor's surety.

2 If it is necessary to disturb or rearrange utility service connections or other property belonging to others in order to adapt such property to the new work, cooperate with the property owners in effecting the rearrangement by giving advance notice of the necessity for such rearrangement to the owners, provid ing temporary supports during the rearrangement, installing utility supporting devices in concrete formwork, and permitting access by the owners' person nel.

107.17 Forest Protection

In carrying out work within or adjacent to state or national forests, comply with all the regulations of the state or federal authority having jurisdiction gov erning the protection of forests and the carrying out of work within forests.

Observe all sanitary laws and regulations with respect to the performance of work in forest areas. Keep the areas in an orderly condition and dispose of all refuse in accordance with regulations. Obtain permits for the construction and maintenance of all construction camps, stores, warehouses, latrines, cesspools, septic tanks and other structures in accordance with the require ments of the forest supervisor. Take all reasonable precautions to prevent and suppress forest fires. Abide by such rules and instructions as the forest officers may prescribe as to the time and place for burning and for fire control generally. Do not cut roadside timber outside the roadway, nor mar the sce nic values of the right-of-way for any purpose whatsoever without consent of the RCE, who must obtain permission from the proper forest authority. The responsibility of the Contractor for damages as provided for in Subsection

107.16 applies in case of damages caused by the escape of fire.

107.18 Responsibility for Claims, etc.

Indemnify and save harmless the County, the State, the Department, its officers, agents, and employees, as well as the City, the Town or other mu-

107.19 107.20 nicipality in which the work is performed and all of their officers, agents, and employees from all suits or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property, in whole or in part, because of the operations of the Contractor or any sub contractor or sub-subcontractor; or because of or in consequence of any ne glect in safeguarding the work; or through use of unacceptable materials or workmanship in constructing the work; or because of any act or omission, ne glect, or misconduct of the Contractor or any subcontractor or sub subcontractor; or because of any claims or amounts recovered from any in fringements of patent, trademark or copyright; or for failing to pay, when and as due, all bills and other legitimate charges, including lawful claims for labor performed or materials, equipment, and supplies furnished for use in and about the construction of the work under the Contract; or from any claims or amounts arising or recovered under the Workmen's Compensation Act, or any other law, ordinance, or decree. This indemnity obligation is intended to apply even if the County, the State, the Department, and their officers, agents, and employees are negligent and in part responsible for the injuries or damages.

This indemnity obligation is not intended to apply if the County, the State, the Department, and their officers, agents and employees are solely responsible for the injuries or damages. Money due the Contractor under and by virtue of the Contract and is considered necessary by the Department may be retained for the use of the Department, or in case no money is due, the Contractor's Surety is held responsible until such suit or suits, action or actions, or claim or claims for injuries or damages as aforesaid have been settled and suitable evidence to that effect has been furnished the Department; except that money due the Contractor is not withheld when the Contractor produces satisfactory evidence that it is adequately protected by public liability and property dam age insurance.

107.19 Third Party Liability

It is not intended by any of the requirements of any part of these specifica tions to make the public or any member thereof a third party beneficiary here under, or to authorize anyone who is not a party to a contract entered into pursuant to these specifications to maintain a suit for personal injury or prop erty damage otherwise than as authorized and provided by law.

107.20 Opening of Section of Highway to Traffic

When, in the opinion of the RCE, any bridge, roadway, or portion thereof is in acceptable condition for travel, open it to traffic as directed. Such opening is not held to be in any wayan acceptance of the bridge, roadway, or any part of it, or as a waiver of any of the provisions of the Contract. Pending comple tion and final acceptance thereof, perform any necessary repairs or renewals due to any cause other than ordinary wear and tear at no additional expense.

If the construction of the project has not been completed and weather condi tions require suspension of the laying of the surface courses or other work, open the incomplete portions of the work to traffic when directed by the RCE, and carry on maintenance of such incomplete sections. Make any repairs

107.21 107.24 necessary to incomplete sections without any additional compensation.

107.21 Contractor's Responsibility tor the Work

Until final acceptance of the work by the RCE as evidenced in writing, the Contractor has the charge and care thereof. 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. Unless otherwise provided in these specifications, rebuild, restore, and make good all injuries or damages to any portion of the work occasioned by any cause before final acceptance and bear the expense thereof.

2 The Contractor is responsible to the Department for the acts and omissions of its employees, subcontractors and their agents and employees, and all other persons performing work under a contract with the Contractor or any of its subcontractors.

3 In the case of suspension of work from any cause whatever, the Contractor is responsible for all materials and unfinished work. Properly store materials;

provide suitable drainage of the roadway; continue the servicing of barri cades, lights, signs, and other devices; and erect necessary temporary struc tures without additional compensation.

107.22 Contractor's Responsibility tor Utility Property and Services

Before commencing work, arrange to protect the properties of railway, tele graph, telephone, power companies, or other utility property from damage.

2 Cooperate with the utility owners in the removal and rearrangement of any underground or overhead utility lines or facilities to minimize interruption to service and duplication of work by the utility owners.

3 If utility services are interrupted because of accidental breakage, promptly notify the proper authority and cooperate with them until service has been restored. Do not commence work around fire hydrants until provisions for continued service have been made and approved by the local fire authority.

4 If a permit is issued to a city, county, or other governmental unit for the in-stallation of conduits, poles, or other appurtenances for artificial lighting of the structure, it may be necessary or desirable to revise the Plans or make struc tural changes as needed to accommodate such installation, and the provi sions of Subsection 104.2 apply to any changes in quantities of work.

107.23 Furnishing Right-ot-Way

The Department is responsible for the securing of all rights-of-way that it deems necessary in advance of construction. Any exceptions are indicated in the Bid Proposal and Contract.

107.24 Personal Liability of Public Officials

In carrying out the provisions of these specifications or in exercising power or authority granted to them by or within the scope of the Contract, there is no liability upon the Director, RCE, or Department employees who are their au-

107.25 107.26 thorized representatives either personally or as officials of the State; it being understood that in all such matters, they act solely as agents and representa tives of the State.

107.25 No Waiver of Legal Rights

Upon completion of the work, the Department will expeditiously make final inspection and notify the Contractor of acceptance. Such final acceptance, however, does not preclude or estop the Department from correcting any measurement, estimate, or certificate made before or after completion of the work; nor is the Department precluded or estopped from recovering any over payments that may have been made; nor is the Department precluded from recovering from the Contractor or its Surety, liquidated damages because of failure to fulfill its obligations under the Contract. A waiver on the part of the Department of any breach of any part of the Contract is not held to be a waiver of any other subsequent breach. Neither the inspection, nor accep tance by the Department or representative of the Department, nor payment for or acceptance of the whole or part of the work, nor extension of time, nor possession taken by the Department, operates as a waiver of any portion of the Contract or of any power herein reserved, or of any right to damages.

107.26 Environmental Protection and Water Pollution Control

Comply with all federal, state, and local laws and regulations controlling pollution of the environment Take the necessary precautions to prevent pol lution of streams, lakes, ponds, and reservoirs with fuel, oils, bitumens, chemicals, soil sedimentation, or other harmful materials and prevent pollution of the atmosphere from particulate and gaseous matter.

2 At the Preconstruction Conference or before the start of construction, sub-mit in writing to the RCE for approval the schedule for accomplishment of temporary and permanent erosion control work as is applicable for clearing and grubbing, grading, bridges and other structures in watercourses, and pav ing. Do not allow the amount of surface area of erodible earth material ex posed at one time by clearing and grubbing, excavation, borrow, or fill, to ex ceed 750,000 square feet without prior approval by the RCE. Consider the location of the project, nature of the soil, topographic features, and proximity to watercourses when setting such limitations.

3 Conduct operations in a manner consistent with good erosion control prac-tices to minimize soil erosion and to the extent practicable, prevent sediment from leaving the site. Take whatever measures necessary throughout the life of the project to control erosion and to prevent the deposition of sediment into adjacent rivers, streams, wetlands, and impoundments. Carry out temporary and permanent erosion control measures that control erosion and sedimenta tion in conjunction with clearing and grubbing and earthwork operations.

4 Provide temporary erosion and sediment control measures such as berms, dikes, slope drains, sedimentation basins, and temporary seeding until per manent drainage facilities and erosion control features are completed and operative.

107.26 107.27

5 Unless otherwise specified in the Contract, temporary erosion control de-vices or measures with the exception of sedimentation basins, fiberglass rov ing, sediment tubes, silt fence, fabric for slope protection, terraces, sectional drains, and temporary seeding are not paid for directly, but are considered as a subsidiary obligation of the Contractor under various items of contract work.

6 When included in the Contract, incorporate permanent erosion control de-vices or measures such as culvert pipe, terraces, gutters, asphalt curb, sec tional drains, permanent slope drains, riprap, and the establishment of per manent vegetation (seeding) in the construction with the least possible delay.

Seed cut and fill slopes as the excavation proceeds to the extent considered by the RCE as desirable or practicable in conformance with the applicable requirements of Section 810.

7 Once work begins on a cut or fill section, grade it to the typical section with the least amount of delay and promptly install all erosion control measures.

8 Conform to the following practices and controls:

A. When the material is excavated from pits, control erosion of the pit site both during and after completion of the work such that erosion is minimized and sediment does not enter streams, wetlands, or other bodies of water. Locate and construct waste or disposal areas and haul roads in a manner that keeps sediment from entering streams.

B. Do not permit fording of live streams. Use temporary bridges or other structures whenever an appreciable number of stream cross ings are necessary. Unless otherwise approved in writing by the RCE, do not operate mechanized equipment in live streams.

C. When work areas are located adjacent to live streams, perform the work in such a manner to prevent sediment from entering a flowing stream.

D. Clear all waterways of falsework, piling, debris, or other obstructions placed during construction operations and are not a part of the fin ished work as soon as practicable.

E. Do not discharge pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials into or near rivers, streams, im poundments, or natural or man-made channels leading thereto. Do not allow wash water or waste from concrete mixing operations to enter live streams.

F. Comply with applicable regulations of agencies and statutes relating to the prevention and abatement of pollution in the performance of the Contract.

9 In addition to the requirements set forth above, comply with specific project limitations and requirements included in the Contract.

107.27 Hazardous and/or Toxic Waste

If during construction operations any abnormal condition that may indicate the presence of a hazardous and/or toxic waste in the area is encountered or

107.27 107.27 exposed, immediately discontinue work and notify the RCE.

2 Abnormal conditions include, but are not limited to, the following:

• presence of asbestos,

• presence of barrels,

• discolored earth, metal, wood, etc.,

• obnoxious or unusual odors,

• visible fumes,

• excessively hot earth,

• smoke, or

• any other condition appearing abnormal could be a possible indica tion of hazardous and/or toxic waste.

Treat the conditions with extraordinary caution.

3 Do not resume operations until so directed by the RCE.

4 If a building is razed, the Contractor is responsible for securing the neces-sary permits in accordance with the SCDHEC requirements.

5 Where the Contractor performs necessary work required to dispose of these materials, payment is made at the contract unit price for items applica ble to such work or payment is made in accordance with Subsection 104.5 or

109.5. Dispose of the hazardous and/or toxic waste in accordance with the requirements and regulations of the SCDHEC. Should the disposition of waste material require special procedures by certified personnel, the Depart ment will arrange with qualified persons to dispose of the material.