CONTRACT SPECIFICATIONS – PART I

May 19, 1987

REVISED: - August 3, 1987

- May 3, 1988

- October 20, 1993

- September 22, 1995

- June 9, 2015

- May 19, 2026

The contract document items set out herein apply to all contracts entered into by the Alabama Department of Workforce for

Abandoned Mine Land Reclamation Projects.

PREPARED BY:

State of Alabama Department of Workforce

Abandoned Mine Land Reclamation Program

1400 Urban Center Drive, Suite 200

Vestavia Hills, AL 35242

(205) 945-8671

TABLE OF CONTENTS

TABLE OF CONTENTS

TABLE OF CONTENTS

A. INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

2. COPIES OF BIDDING DOCUMENTS

3. QUALIFICATIONS OF BIDDERS

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

5. INTERPRETATIONS

6. BID SECURITY

7. CONTRACT TIME

8. LIQUIDATED DAMAGES

9. SUBSTITUTE MATERIALS AND EQUIPMENT

10. SUBCONTRACTORS, ETC

11. BID FORM

12. SUBMISSION OF BIDS

13. MODIFICATION AND WITHDRAWAL OF BIDS

14. AWARD OF CONTRACT

15. PERFORMANCE AND OTHER BONDS

B. DEFINITIONS

1. DEFINITIONS

C. PRELIMINARY MATTERS

1. DELIVERY OF BONDS

2. COPIES OF DOCUMENTS

3. COMMENCEMENT OF CONTRACT TIME: NOTICE TO PROCEED

4. STARTING THE PROJECT

5. BEFORE STARTING CONSTRUCTION

6. PRECONSTRUCTION CONFERENCE

D. INTENT & RE-USE OF CONTRACT DOCUMENTS

1. INTENT

2. REUSE OF DOCUMENTS

E. AVAILABILITY OF LANDS: PHYSICAL CONDITIONS; REFERENCE POINTS 21

1. AVAILABILITY OF LANDS

2. PHYSICAL CONDITIONS-INVESTIGATIONS AND REPORTS

3. UNFORESEEN PHYSICAL CONDITIONS

4. REFERENCE POINTS

F. BONDS AND INSURANCE

TABLE OF CONTENTS

1. PERFORMANCE AND OTHER BONDS

2. CONTRACTOR'S LIABILITY INSURANCE

3. CONTRACTOR’S POLLUTION LIABILITY INSURANCE

4. WAIVER OF RIGHTS

5. RECEIPT AND APPLICATION OF PROCEEDS

6. ACCEPTANCE OF INSURANCE

G. CONTRACTOR'S RESPONSIBILITIES

1. SUPERVISION AND SUPERINTENDENCE

2. LABOR, MATERIALS, AND EQUIPMENT

3. EQUIVALENT MATERIALS AND EQUIPMENT

4. CONCERNING SUBCONTRACTOR

5. PATENT FEES AND ROYALTIES

6. PERMITS

7. LAWS AND REGULATIONS

8. TAXES

9. USE OF PREMISES

10. RECORD DOCUMENTS

11. SAFETY AND PROTECTION

12. EMERGENCIES

13. DRAWING AND SAMPLES

14. CONTINUING THE WORK

15. INDEMNIFICATION

16. PROTECTION OF ENVIRONMENT

17. BEGINNING THE WORK

H. WORK BY OTHERS

1. WORK BY OTHERS

I. DEPARTMENT'S RESPONSIBILITIES

1. DEPARTMENT’S RESPONSIBILITIES

J. ENGINEER'S STATUS DURING CONSTRUCTION

1. DEPARTMENT'S REPRESENTATIVE

2. VISITS TO SITE

3. CLARIFICATIONS AND INTERPRETATIONS

4. REJECTING DEFECTIVE WORK

5. SHOP DRAWINGS, CONTRACT AMENDMENTS AND PAYMENTS

6. DECISIONS ON DISAGREEMENTS

7. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES

K. CHANGES IN WORK

1. CHANGES IN THE WORK

TABLE OF CONTENTS

L. WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION,

REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

1. WARRANTY AND GUARANTEE

2. ACCESS TO WORK

3. TESTS AND INSPECTIONS

4. UNCOVERING WORK

5. DEPARTMENT MAY STOP THE WORK

6. CORRECTION OR REMOVAL OF DEFECTIVE WORK

7. ONE-YEAR CORRECTION PERIOD

8. ACCEPTANCE OF DEFECTIVE WORK

9. DEPARTMENT MAY CORRECT DEFECTIVE WORK

M. PAYMENTS TO CONTRACTOR AND COMPLETION

1. PAYMENT METHOD

2. SCHEDULES

3. APPLICATION FOR PROGRESS PAYMENT

4. REVIEW OF APPLICATIONS FOR PROGRESS PAYMENT

5. FINAL INSPECTION

6. FINAL APPLICATION FOR PAYMENT

7. SUBSTANTIAL COMPLETION

8. PARTIAL UTILIZATION

9. PAYMENT AND ACCEPTANCE

10. CONTRACTOR'S WARRANTY OF TITLE

11. CONTRACTOR'S CONTINUING OBLIGATION

12. WAIVER OF CLAIMS

N. SUSPENSION OF WORK AND TERMINATION

1. SUSPENSION OF WORK AND TERMINATION

O. MISCELLANEOUS

1. GIVING NOTICE

2. GENERAL

P. EQUAL EMPLOYMENT OPPORTUNITY

1. EQUAL EMPLOYMENT OPPORTUNITY

Q. 29 CFR PART 3

1. PURPOSE AND SCOPE

2. DEFINITIONS

3. WEEKLY STATEMENT WITH RESPECT TO PAYMENT OF WAGES

4. SUBMISSION OF WEEKLY STATEMENTS AND THE PRESERVATION AND

INSPECTION OF WEEKLY PAYROLL RECORDS

5. PAYROLL DEDUCTIONS PERMISSIBLE WITHOUT APPLICATION TO OR

APPROVAL OF THE SECRETARY OF LABOR

TABLE OF CONTENTS

6. PAYROLL DEDUCTIONS PERMISSIBLE WITH THE APPROVAL OF THE

SECRETARY OF LABOR

7. APPLICATION FOR THE APPROVAL OF THE SECRETARY OF LABOR

8. ACTION BY THE SECRETARY OF LABOR UPON APPLICATIONS

9. PROHIBITED PAYROLL DEDUCTIONS

10. METHODS OF PAYMENT OF WAGES

11. REGULATIONS PART OF CONTRACT

12. MAINTENANCE OF RECORDS

R. DAVIS-BACON ACT

1. GENERAL

S. CLEAN AIR AND WATER

1. STANDARDS

2. ENERGY EFFICIENCY

T. BUILD AMERICA, BUY AMERICA

1. GENERAL

INSTRUCTIONS TO BIDDERS

A. INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

1.1 Terms used in these Instructions to Bidders, which are defined in Section B of the contract documents, have the meanings assigned to them in Section B. The term "successful bidder" means the lowest, qualified, responsible bidder to whom the DEPARTMENT (on the basis of the DEPARTMENT's evaluation as hereinafter provided) makes an award.

2. COPIES OF BIDDING DOCUMENTS

2.1 At the time of the walkaround inspection announced in the Invitation to Bid, one (1) set of project plans and specifications as well as a flash drive with electronic copies of all pertinent documents and CAD files related to the project will be distributed free of charge to all contractors interested in bidding on the work. Extra copies of the plans and specifications, as well as all copies requested after the walkaround inspection, will be available from the Department of Workforce, Abandoned Mine Land Field Office located at 1400 Urban Center Drive, Suite 200, Vestavia Hills, AL. No charge for an extra copy.

2.2 Complete sets of bidding documents shall be used in preparing bids. The DEPARTMENT does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of bidding documents.

2.3 The DEPARTMENT in making copies of bidding documents available on the above terms do so only for the purpose of obtaining bids on the work and do not confer a license or grant for any other use.

2.4 All alternates not specified in these plans and specifications must be submitted with the base bid showing reasons for the alternate bid and a cost analysis of the alternate bid as compared to the similar base bid item. All alternates are subject to approval by the DEPARTMENT.

INSTRUCTIONS TO BIDDERS

3. QUALIFICATIONS OF BIDDERS

3.1 Each bidder must be a licensed general contractor in the State of Alabama, qualified and able to be bonded for the value of the bid. The total amount of uncompleted work to the CONTRACTOR must not exceed the qualification certificate.

3.2 All successful bidders must complete and submit AML Contractor Ownership and Control Information forms for processing under the Federal Applicant Violator System (AVS).

Pursuant to 30 CFR 773.15(b)(1), the DEPARTMENT is prohibited from awarding an AML contract if a surface coal mining operation permitted to the successful bidder (or to any person who exercises ownership/control rights over the successful bidder) is currently in violation of the Surface Mining Control and Reclamation Act of 1977, the state coal regulatory program, or any federal or state law, rule or regulation pertaining to environmental protection. If no violations are identified through AVS, the DEPARTMENT may award the contract.

3.3 All successful bidders must have a current and up-to-date registration with the Federal government through SAM.gov. Successful bidders must provide the DEPARTMENT with their Unique Entity ID to be awarded the contract.

INSTRUCTIONS TO BIDDERS

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

4.1 Before submitting a bid, each bidder must (a) examine the Contract Documents thoroughly,

(b) visit the project to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the work, (c) familiarize himself with Federal, State and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work, and (d) study and carefully correlate bidder’s observations with the Contract Documents.

4.2 Reference is made to the Special Provisions for the identification of those reports of investigations and tests of subsurface and latent physical conditions at the project or otherwise affecting cost, progress or performance of the work which have been relied upon by the DEPARTMENT in preparing the drawings and specifications. The DEPARTMENT will make copies of such reports available to any bidder requesting them. These reports are not guaranteed as to accuracy or completeness, nor are they considered part of the Contract Documents. Before submitting his bid, each bidder will, at his own expense, make such additional investigations and tests as the bidder may deem necessary to determine his bid for performance of the work in accordance with the time, price and other terms and conditions of the Contract Documents.

4.3 On request, the DEPARTMENT will provide each bidder access to the site to conduct such investigations and tests as each bidder deems necessary for submission of his bid.

4.4 The lands upon which the work is to be performed, rights-of-way for access thereto and other lands designated for use by the CONTRACTOR in performing the work are identified in the General Conditions, Special Provisions and drawings.

4.5 The submission of a bid will constitute an incontrovertible representation by the bidder that he has complied with every requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work.

5. INTERPRETATIONS

5.1 All questions about the meaning or intent of the Contract Documents shall be submitted to the DEPARTMENT in writing. Replies will be issued by addenda electronically mailed or delivered to all parties recorded by the DEPARTMENT as having received the bidding documents. Questions received less than forty-eight (48) hours prior to the bid submission deadline will not be answered. Only questions answered by formal, written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

INSTRUCTIONS TO BIDDERS

6. BID SECURITY

6.1 Bid security shall be made payable to the DEPARTMENT, in an amount of five percent

(5%) of the bidder's maximum bid price and in the form of a cashiers or bank check or a bid bond issued by a surety meeting the requirements of Section F, Paragraph 1.1. Not required unless stated in the Special Provisions and/or Invitation To Bid.

6.2 The bid security of the successful bidder will be retained until such bidder has furnished the required contract security, whereupon it will be returned with the fully executed contract as a notice to proceed. If the successful bidder fails to execute and deliver the required contract security within 20 days of the Notice of Intent to Award, the DEPARTMENT may annul the requisition, and the bid security of that bidder will be forfeited. The bid security of any bidder whom the DEPARTMENT believes to have a reasonable chance of receiving the award may be retained by the DEPARTMENT until the award is made.

7. CONTRACT TIME

7.1 The number of workdays within which, or the date by which, the project is to be completed

(the contract time) is set forth in the Supplementary Conditions of this contract and noted in the Invitation to Bid.

8. LIQUIDATED DAMAGES

8.1 Provisions for liquidated damages, if any, are set forth in the Supplementary Conditions.

9. SUBSTITUTE MATERIALS AND EQUIPMENT

9.1 The contract, if awarded, will be on the basis of materials and equipment described in the drawings or specified in the specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the drawings or specified in the specifications that a substitute or "or equal" item of material or equipment may be furnished or used by the CONTRACTOR if acceptable to the DEPARTMENT, application for such acceptance will not be considered by the DEPARTMENT until after the bid opening. The procedure for submittal of any such application by the CONTRACTOR and consideration by the DEPARTMENT is set forth in Section G, Article 3.

10. SUBCONTRACTORS, ETC.

10.1 No CONTRACTOR shall be required to employ any subcontractor, other person or organization against whom he has reasonable objection.

INSTRUCTIONS TO BIDDERS

11. BID FORM

11.1 The bid form will be the basis for the contract amount; additional copies may be obtained from the DEPARTMENT.

11.2 Bid forms must be completed typed or handwritten in ink. The bid price of each item on the form must be stated in numerals.

11.3 Bids by corporations must be executed in the corporate name by the president or vice-president (or other corporate officer accompanied by evidence of authority to sign).

11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

11.5 All names must be typed or printed below the signature.

11.6 The bid shall contain an acknowledgment of receipt of all addenda (the numbers of which shall be filled in on the bid form).

11.7 The address to which communications regarding the bid are to be directed must be shown.

12. SUBMISSION OF BIDS

12.1 Bids shall be submitted electronically as indicated in the Invitation to Bid and shall include all required documents. Questions concerning the bid submission process shall be directed to the Alabama Department of Finance – Division of Procurement.

13. MODIFICATION AND WITHDRAWAL OF BIDS

13.1 Bids may be modified or withdrawn in accordance with the requirements of the Alabama

Department of Finance – Division of Procurement at any time prior to the bid submittal deadline.

INSTRUCTIONS TO BIDDERS

14. AWARD OF CONTRACT

14.1 The DEPARTMENT reserves the right to reject any and all bids.

14.2 In evaluating bids, the DEPARTMENT shall consider the qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and alternates and unit prices if requested in the bid forms.

14.3 Unit prices are required on all Lump Sum and Unit Price Items of Work. Failure to submit unit prices for all Lump Sum and Unit Price Items of Work will result in the bid being automatically rejected without further consideration.

14.4 If there is an error in calculating the extended price of a bid item, the unit price submitted by the CONTRACTOR will prevail and the extended price will be re-calculated. Likewise, if there is an error in adding the extended prices to arrive at a Total Contract Bid Price, the Total Contract Bid Price will be re-calculated and the resulting price will prevail.

15. PERFORMANCE AND OTHER BONDS

15.1 Section F, Paragraph 1.1 sets forth the DEPARTMENT's requirements as to performance and other bonds.

DEFINITIONS

B. DEFINITIONS

DEFINITIONS

1. DEFINITIONS

1.1a Wherever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

1.1b ADDENDA: Written or graphic instruments issued prior to the opening of bids which clarify, correct or change the bidding documents or the Contract Documents.

1.1c APPLICATION FOR PAYMENT: The form used by the CONTRACTOR in requesting progress or final payment and which is to include such supporting documentation as is required by the Contract Documents.

1.1d BID: The offer or proposal of the bidder submitted on the Invitation to Bid setting forth the prices for the work to be performed.

1.1e BONDS: Bid, performance and payment ponds and other instruments of security.

1.1f CONTRACT AMENDMENT: - A written order to the CONTRACTOR signed by the DEPARTMENT authorizing an addition, deletion or revision in the work, or an adjustment in the contract price or the contract time issued after the effective date of the contract.

1.1g CONTRACT DOCUMENTS: The contract, addenda (which pertain to the Contract Documents), CONTRACTOR’s bid (including documentation accompanying the bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the contract, the bonds, these General Conditions, the Supplementary Conditions, the specifications, the drawings as the same are more specifically identified in the contract, together with all modifications issued after execution of the contract.

1.1h CONTRACT PRICE: The moneys payable by the DEPARTMENT to the CONTRACTOR under the Contract Documents as stated in the fully executed contract.

1.1i CONTRACT TIME: The number of days within which, or the date by which the project is to be completed, as stated in the Invitation to Bid and the Supplementary Conditions.

1.1j CONTRACTOR: The person, firm or corporation with whom the DEPARTMENT has entered into the contract.

1.1k DAY: A calendar day of twenty-four hours measured from midnight to the next midnight. Any reference to day(s) in this contract, unless specifically indicated as a work day, refers to continuous time calendar days.

DEFINITIONS

1.1l DEFECTIVE: An adjective which when describing the work refers to work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to the STATE MINE LAND RECLAMATION SUPERVISOR's recommendation of final payment.

1.1m DIRECTOR: Director of the Department of Workforce – Mining and Reclamation Division as constituted under the laws of the State of Alabama.

1.1n DRAWINGS: The drawings which show the character and scope of the work to be performed and which have been prepared or approved by the DEPARTMENT and are referred to in the Contract Documents.

1.1o EFFECTIVE DATE OF CONTRACT: The date indicated in the fully executed contract on which it becomes effective, but if no such date is indicated it means the date on which all necessary signatures have been obtained and the fully executed contract is delivered to the CONTRACTOR.

1.1p ENGINEER: Under the terms of this contract, the term ENGINEER will mean the representative(s) of the design firm, as authorized to act for the design firm and the DEPARTMENT.

1.1q INVITATION TO BID: A form, provided by the DEPARTMENT, upon which the CONTRACTOR shall submit the bid. It shall be accompanied by all required documents and delivered as described.

1.1r NOTICE OF INTENT TO AWARD: The notice by the DEPARTMENT to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, the DEPARTMENT will sign and deliver this contract.

1.1s PROJECT: The total construction of which the work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents.

1.1t PROJECT MONITOR: The authorized representative of the DEPARTMENT who is assigned to the site or any part thereof.

1.1u STATE PROGRAMS ADMINISTRATOR: State Programs Administrator (or designated agent) of the State of Alabama, Department of Workforce.

DEFINITIONS

1.1v SHOP DRAWINGS: All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by the CONTRACTOR, subcontractor, manufacturer, fabricator, supplier or distributor to illustrate some portion of the work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a manufacturer, fabricator, supplier or distributor and submitted by CONTRACTOR to illustrate material or equipment for some portion of the work.

1.1w SPECIFICATIONS: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the work and certain administrative details applicable thereto.

1.1x SUBCONTRACTOR: An individual, firm or corporation having a direct contract with the CONTRACTOR or with any other subcontractor for the performance of a part of the work at the site.

1.1y SUBSTANTIAL COMPLETION: Indicates that the work (or a specified part thereof) has progressed to the point where in the opinion of the DEPARTMENT it is sufficiently compete, in accordance with the Contract Documents, so that the work (or specified part) can be utilized for the purposes for which it was intended.

The terms "substantially complete" and "substantially completed" as applied to any work refer to substantial completion thereof.

1.1z WORK: The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents.

1.1aa WORK DAY: Any day during the contract period, excluding Saturdays (unless approved by the Department), Sundays and holidays specified in Article 6.3 of the General Conditions, where weather and field conditions are such that work could be performed, as determined by the PROJECT MONITOR. On days where weather and field conditions limit a normal work day, the day will be considered a work day if five (5) or more hours of work have been performed or could have been performed, as determined by the PROJECT MONITOR. In cases where Saturday work is requested by the CONTRACTOR and approved, it will be considered a work day where it has been determined by the PROJECT MONITOR that five (5) or more hours of work have been or could have been performed.

PRELIMINARY MATTERS

C. PRELIMINARY MATTERS

PRELIMINARY MATTERS

1. DELIVERY OF BONDS

1.1 Prior to the issue of a fully executed contract by the DEPARTMENT to the

CONTRACTOR, the CONTRACTOR shall deliver to the DEPARTMENT such bonds as are required to be furnished by Section F, Paragraph 1.1.

2. COPIES OF DOCUMENTS

2.1 The DEPARTMENT shall furnish to the CONTRACTOR up to three copies (unless otherwise specified) of the Contract Documents as are reasonably necessary for execution of the work.

3. COMMENCEMENT OF CONTRACT TIME: NOTICE TO PROCEED

3.1 The CONTRACT TIME will commence to run on the day after the preconstruction meeting detailed in Section C, Paragraph 6.1 or on an alternative date requested by the CONTRACTOR and approved by the DEPARTMENT. The number of days allotted for completion of the work will be in accordance with the Supplementary Conditions unless otherwise stated in the contract.

4. STARTING THE PROJECT

4.1 The CONTRACTOR shall start to perform the work on the date when the contract time commences to run, but no work shall be done at the project prior to the receipt of the fully executed contract by the CONTRACTOR.

PRELIMINARY MATTERS

5. BEFORE STARTING CONSTRUCTION

5.1 Before undertaking each part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to the DEPARTMENT any conflict, error or discrepancy which the CONTRACTOR may discover; however, the CONTRACTOR shall not be liable to the DEPARTMENT or ENGINEER for failure to report any conflict, error or discrepancy in the drawings or specifications, unless the CONTRACTOR has actual knowledge thereof or should reasonably have known thereof.

5.2 Before any work at the project is started, the CONTRACTOR shall deliver to the DEPARTMENT certificates (and other evidence of insurance requested by the DEPARTMENT) which the CONTRACTOR is required to purchase and maintain in accordance with Section F, Articles 2 and 3.

6. PRECONSTRUCTION CONFERENCE

6.1 Before the CONTRACTOR starts any work at the project, a preconstruction conference shall be held to discuss and clarify all work to be performed. This conference will also establish procedures for handling shop drawings, other submittals, and for processing applications for payment.

INTENT & RE-USE OF CONTRACT DOCUMENTS

D. INTENT & RE-USE OF CONTRACT DOCUMENTS

INTENT & RE-USE OF CONTRACT DOCUMENTS

1. INTENT

1.1 The Contract Documents may be altered only by a fully executed contract amendment.

1.2 The Contract Documents are complementary, what is called for by one is as binding as if called for by all. If, during the performance of the work, the CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, he shall report to the DEPARTMENT in writing at once and before proceeding with the work affected thereby;

however, the CONTRACTOR shall not be liable to the DEPARTMENT for failure to report any conflict, error or discrepancy in the specifications or drawings unless the CONTRACTOR had actual knowledge thereof or should reasonably have known thereof.

1.3 It is the intent of the specifications and drawings to describe a complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any work that may reasonably be inferred from the specifications or drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well-known technical or trade meaning are used to describe the work, materials or equipment, such words shall be interpreted in accordance with such meaning.

Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specifications, manual or code in effect at the time of opening of bids, except as may be otherwise specifically stated.

However, no provisions of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of the DEPARTMENT or CONTRACTOR, or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract Documents shall be issued by the DEPARTMENT as provided for in Section J, Article 3.

1.4 The Contract Documents will be governed by the laws of the State of Alabama.

2. REUSE OF DOCUMENTS

2.1 Neither the CONTRACTOR nor any subcontractor, manufacturer, fabricator, supplier or distributor shall have or acquire any title to or ownership rights in any of the drawings, specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of the DEPARTMENT or ENGINEER, and they shall not reuse any of them on extensions of the project or any other project without written consent of the DEPARTMENT or ENGINEER and specific written verification or adaptation by the DEPARTMENT or

ENGINEER.

AVAILABILITY OF LANDS: PHYSICAL CONDITIONS; REFERENCE POINTS

E. AVAILABILITY OF LANDS: PHYSICAL CONDITIONS;

REFERENCE POINTS

AVAILABILITY OF LANDS: PHYSICAL CONDITIONS; REFERENCE POINTS

1. AVAILABILITY OF LANDS

1.1 The DEPARTMENT shall furnish, as indicated in the Contract Documents, the lands upon which the work is to be performed, rights-of-way for access thereto, and such other lands which are designated for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the DEPARTMENT, unless otherwise provided in the Contract Documents. If the CONTRACTOR believes that any delay in the DEPARTMENT's furnishing of these lands or easements entitles him to an extension of the contract time, the CONTRACTOR may make a claim therefor as provided in Section M, Article 3. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction or storage of materials and equipment.

2. PHYSICAL CONDITIONS-INVESTIGATIONS AND REPORTS

2.1 Reference is made to the Special Provisions for identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the work which have been relied upon by the DEPARTMENT in preparation of the drawings and specifications. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents.

3. UNFORESEEN PHYSICAL CONDITIONS

3.1 The CONTRACTOR shall promptly notify the DEPARTMENT in writing of any subsurface or latent physical conditions at the project or in an existing structure differing materially from those indicated or referred to in the Contract Documents. The DEPARTMENT will promptly review those conditions and obtain the necessary additional investigations and tests and furnish copies to the CONTRACTOR. If the DEPARTMENT finds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents, and which would not reasonably have been anticipated by the CONTRACTOR, a contract amendment shall be issued incorporating the necessary revision.

4. REFERENCE POINTS

4.1 The DEPARTMENT shall provide engineering surveys for construction to establish reference points which in its judgment are necessary to enable the CONTRACTOR to proceed with the work.

AVAILABILITY OF LANDS: PHYSICAL CONDITIONS; REFERENCE POINTS

4.2 The CONTRACTOR shall be responsible for laying out the work (unless otherwise specified in the Special provisions), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of the DEPARTMENT. The CONTRACTOR shall report to the DEPARTMENT whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations and shall be responsible for replacement or relocation of such reference points by professional methods.

BONDS AND INSURANCE

F. BONDS AND INSURANCE

BONDS AND INSURANCE

1. PERFORMANCE AND OTHER BONDS

1.1 The CONTRACTOR shall furnish a performance bond equal to 100% of the amount of the contract and a labor and materials bond equal to 100% of the amount of the contract, as security for the faithful performance and payment of all the CONTRACTOR's obligations under the Contract Documents. Both bonds will be retained for a period of one year after the recommendation for final payment is made by the STATE MINE LAND RECLAMATION SUPERVISOR. The CONTRACTOR shall also furnish such other bonds as are required by the Supplementary Conditions. All bonds shall be in the forms prescribed by the bidding documents or Supplementary Conditions and be executed by such sureties as are licensed to conduct business in the State. All bonds signed by an agent must be accompanied by a certified copy of the authority to act.

1.2 If the surety on any bond furnished by the CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Alabama, or any state, the CONTRACTOR shall within five days thereafter substitute another bond and surety, both of which shall be acceptable to the DEPARTMENT.

2. CONTRACTOR'S LIABILITY INSURANCE

2.1 All CONTRACTORS shall purchase and maintain the following insurance coverage that will provide adequate protection from any claims arising as a result of any work performed under this contract. Insurance shall be purchased from a company licensed to do business in the State of Alabama. The CONTRACTOR’s Liability Insurance shall be primary and non-contributory as to any coverage maintained by the DEPARTMENT. The following provisions must be met by all independent CONTRACTORS who perform reclamation work on any Abandoned Mine Land Reclamation Project:

2.1a Each independent CONTRACTOR performing reclamation work under contract to the State of Alabama shall have at least the following insurance coverage:

i GENERAL LIABILITY:

a. Each occurrence limit shall be $1,000,000 for bodily injury and property damage.

b. Personal and advertising injury coverage $1,000,000 each occurrence.

c. General Aggregate shall be $2,000,000.

d. Products/Completed Operations Aggregate shall be $2,000,000.

e. Aggregate should be on a per project basis.

BONDS AND INSURANCE

ii PROFESSIONAL LIABILITY INSURANCE:

a. Each occurrence limit shall be $2,000,000 for errors and omissions.

b. General Aggregate shall be $2,000,000.

iii AUTOMOBILE LIABILITY:

a. Combined single limit shall be $1,000,000 each accident.

b. Coverage shall be for any auto including hired and non-owned auto coverage on a comprehensive basis.

c. Protection shall be included against uninsured motorist coverage.

iv WORKERS’ COMPENSATION & EMPLOYER’S LIABILITY

COVERAGE:

a. Each accident limit shall be $1,000,000.

b. Disease – Policy Limit $1,000,000

c. Disease – Each Employee $1,000,000.

v CONTRACTOR’S POLLUTION LIABILITY INSURANCE:

a. Contractor’s Pollution Liability $1,000,000 each pollution condition.

b. Onsite Cleanup $1,000,000 each pollution condition.

c. Separate Defense Limit $1,000,000 each occurrence.

d. General Aggregate $2,000,000.

vi UMBRELLA/EXCESS LIABILITY:

a. $5,000,000 each occurrence.

2.1b Each such independent CONTRACTOR must furnish the DEPARTMENT with certificates of insurance providing evidence of the insurance coverages specified above. Such certificates shall provide for thirty (30) days prior written notice to the DEPARTMENT of either cancellation or material alteration of the types or amounts of insurance.

2.1c All subcontractors employed by any such independent CONTRACTOR shall obtain the same insurance coverage as specified above or be covered by riders to the independent CONTRACTOR's insurance policies.

BONDS AND INSURANCE

2.1d Each independent CONTRACTOR performing reclamation work under contract with the DEPARTMENT shall defend, indemnify and hold harmless the DEPARTMENT, any and all owners of property upon which the reclamation work will occur, and the property owner's directors, officers, agents and employees from and against any and all claims, liabilities, losses, damages, actions, suits, costs and expenses whatsoever, including reasonable attorneys' fees, arising out of or resulting from any injury or death of persons or any damage or destruction of property resulting from the presence of said CONTRACTOR, its agents, employees or subcontractors on or about said property. Such CONTRACTOR's indemnification obligation shall not be limited in any way by any limitations on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workmen's compensation, disability benefit or other employee benefit laws. In all events, the property owner must have the right to participate in the defense of any suit or action through its own counsel.

2.1e All work performed under contract with the DEPARTMENT must be performed in strict compliance with all Federal, State and local laws and regulations.

2.1f The Alabama Department of Workforce must be included as an Additional Insured. In addition, the CONTRACTOR may be required to include other Additional Insured as shown in Part II of the Contract Documents.

2.1g There shall be no destruction of plantations of merchantable timber without the prior written consent of the property owner.

2.1h Any access roads used by any State CONTRACTORS shall be returned to the same condition existing at the time of initial use by such CONTRACTORS.

2.1i State CONTRACTORS shall have the right-of-entry to the property specified in each consent form solely for the purpose of reclamation activity.

BONDS AND INSURANCE

3. CONTRACTOR’S POLLUTION LIABILITY INSURANCE

3.1 Prior to the commencement of the work, the CONTRACTOR shall obtain and maintain throughout the life of the work, a broad form Contractor’s Pollution Liability Insurance Policy with an insurer carrying a minimum AM Best rating of at least “A” which covers losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from services and operation of the contractor and all subcontractors involved in the work.

3.2 At a minimum, the Contractor’s Pollution Liability Insurance Policy described above shall include policy limits of $1,000,000 per occurrence and $2,000,000 aggregate.

3.3 The Contractor’s Pollution Liability Insurance Policy shall provide the following coverage:

3.3a Bodily injury, sickness, disease, sustained by any person, including death.

3.3b Property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof; clean-up costs, and the loss of use of tangible property that has not been physically injured or destroyed including diminution of value and Natural Resources damaged. The policy must be Primary and Non-Contributory and name the Alabama Department of Workforce as an Additional Insured. In addition, the contractor may be required to include property owners as Additional Insureds as shown in Part II of the Contract Documents.

3.3c All deductibles to the insurance coverage shall be borne by the CONTRACTOR.

3.3d Include a waiver of subrogation, thereby waiving your rights of subrogation against the Alabama Department of Workforce and any and all Additional Insureds.

3.3e Written on a “project specific” basis. This coverage can be provided on either claims made or occurrence base policy form.

3.3f Provide coverage for liability resulting from the transportation of hazardous waste or materials.

3.3g Provide coverage for pollution conditions which arise from encountering pre-existing environmental conditions at the project site.

3.3h Defense cost outside the policy limits including costs, charges and expenses incurred in the investigation, adjustment or defense of claims.

3.4 All subcontractors retained or hired for the work shall be required to maintain coverages, limits and terms equivalent to those of the prime CONTRACTOR or be covered by the prime CONTRACTOR’s policy (with proof of coverage provided to the DEPARTMENT).

BONDS AND INSURANCE

3.5 All insurance policies must specify that they are not subject to cancellation, non-renewal, material change or reduction in coverage unless a minimum of sixty (60) days prior notification is given by the insurer, except for non-payment of premium wherein a ten (10) day notice will apply. CONTRACTORS will immediately notify the DEPARTMENT of the cancellation, non-renewal, material change or reduction in coverage of any required insurance policy. Such notice shall be sent via certified mail to Alabama Department of Workforce, Abandoned Mine Land Program, 1400 Urban Center Drive, Suite 200, Vestavia Hills, AL 35242.

3.6 CONTRACTOR must submit a Certificate of Insurance to the DEPARTMENT documenting coverages, limits, terms and conditions outlined above, and such Certificate of Insurance must be approved by the DEPARTMENT prior to the commencement of the work. The Certificate of Insurance should be accompanied by proper endorsements. Approval of the Insurance by the DEPARTMENT shall not relieve or decrease the liability of the

CONTRACTOR.

4. WAIVER OF RIGHTS

4.1 The DEPARTMENT and CONTRACTOR waive all rights against each other and the subcontractors and their agents and employees and against the ENGINEER and separate contractors (if any) and their subcontractors' agents and employees for damages caused by fire or other perils to the extent covered by insurance provided, or any other insurance applicable to the work, except such rights as they may have to the proceeds of such insurance held by the DEPARTMENT as fiduciary. The CONTRACTOR shall require similar written waivers from each subcontractor (in accordance with Section G, Paragraph

4.4 as applicable); each such waiver will be in favor of all other parties enumerated in this paragraph.

BONDS AND INSURANCE

5. RECEIPT AND APPLICATION OF PROCEEDS

5.1 Any insured loss under the policies of insurance shall be adjusted with the DEPARTMENT and made payable to the DEPARTMENT as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause. The DEPARTMENT shall deposit in a separate account any money so received, and it shall distribute it in accordance with such contract as the parties in interest may reach. If no other special contract is reached, the damaged work shall be repaired or replaced, the moneys so received applied on account thereof and the work and the cost thereof covered by an appropriate contract amendment.

5.2 The DEPARTMENT as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest objects in writing within fifteen (15) days after the occurrence of loss to the DEPARTMENT's exercise of this power. If such objection be made, the DEPARTMENT as fiduciary shall make settlement with the insurers in accordance with such contract as the parties in interest may reach. If required in writing by any party in interest, the DEPARTMENT as fiduciary shall upon the occurrence of an insured loss, give bond for the proper performance of its duties.

6. ACCEPTANCE OF INSURANCE

6.1 If the DEPARTMENT has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by the CONTRACTOR in accordance with Section F, Articles 2 and 3 on the basis of its not complying with the Contract Documents, the DEPARTMENT will notify the CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to the DEPARTMENT in accordance with Section C, Paragraph 5.2. The CONTRACTOR shall provide to the DEPARTMENT additional information with respect to insurance as the DEPARTMENT may reasonably request. Failure by the DEPARTMENT to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the CONTRACTOR as complying with the Contract Documents.

CONTRACTOR'S RESPONSIBILITIES

G. CONTRACTOR'S RESPONSIBILITIES

CONTRACTOR'S RESPONSIBILITIES

1. SUPERVISION AND SUPERINTENDENCE

1.1 The CONTRACTOR shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Contract Documents. The CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but the CONTRACTOR shall not be solely responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or procedure of construction which is indicated in and required by the Contract Documents.

The CONTRACTOR shall be responsible to see that the finished work complies accurately with the Contract Documents.

1.2 At all times that work is being performed, the CONTRACTOR shall keep on the project site a competent resident superintendent, who shall not be replaced without written notice to the DEPARTMENT except under extraordinary circumstances. The superintendent will be the CONTRACTOR's representative at the site and shall have authority to act on behalf of the CONTRACTOR. All communications given to the superintendent shall be binding as if given to the CONTRACTOR.

CONTRACTOR'S RESPONSIBILITIES

2. LABOR, MATERIALS, AND EQUIPMENT

2.1 The CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the work and perform construction as required by the Contract Documents. The CONTRACTOR shall at all times maintain discipline and order at the project. Except in connection with the safety or protection of the public or the work or property at the project or adjacent thereto as directed by the PROJECT MONITOR, all work at the project shall be performed during daylight working hours. The CONTRACTOR shall not permit the performance of any work on Sundays or the following federal/state holidays: New Year's Day, Martin Luther King, Jr. Day, Presidents Day, Mardi Gras Day (only for projects in Baldwin County or Mobile County), Confederate Memorial Day, National Memorial Day, Jefferson Davis Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day, except with prior written approval from the DEPARTMENT. Work on Saturdays will be considered on the preceding Wednesday.

Notification for approval or disapproval of requested Saturday work will be given verbally by ADOW/AML before the end of the workday on the preceding Friday. Approval for Saturday work will be given only when arrangements for a qualified PROJECT MONITOR can be scheduled to observe the Saturday work and weather and construction logistics permit such work.

2.2 The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment, machinery, tools, appliances, fuel, power, lights, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the work.

2.3 All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by the DEPARTMENT, the CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment.

2.4 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier or distributor, except as otherwise provided in the Contract Documents.

CONTRACTOR'S RESPONSIBILITIES

3. EQUIVALENT MATERIALS AND EQUIPMENT

3.1 Whenever materials or equipment are specified or described in the drawings or specifications by using the name of a propriety item or the name of a particular manufacturer, fabricator, supplier or distributor, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment or other manufacturers, fabricators, suppliers and distributors may be accepted by the DEPARTMENT if sufficient information is submitted by the CONTRACTOR to allow the DEPARTMENT to determine that the material or equipment proposed is equivalent to that named. The procedure for review by the DEPARTMENT will be as set forth in Paragraph 3.2 below.

3.2 Requests for review of substitute items of material and equipment will not be accepted by the DEPARTMENT from anyone other than the CONTRACTOR. If the CONTRACTOR wishes to furnish or use a substitute item of material or equipment, the CONTRACTOR shall give written application to the DEPARTMENT for acceptance thereof, certifying that the proposed substitute will adequately perform the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. The application will state whether acceptance of the substitute for use in the work will require a change in the drawings or specifications to adapt the design to the substitute and whether incorporation or use of the substitute in connection with the work is subject to payment of any license fee or royalty.

All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair and replacement service will be indicated.

The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign claims of other contractors affected by the resulting change, all of which shall be considered by the DEPARTMENT evaluating the proposed substitute. The DEPARTMENT may require the CONTRACTOR to furnish at the CONTRACTOR's expense additional data about the proposed substitute. The DEPARTMENT will be the sole judge of acceptability, and no substitute will be ordered or installed without the DEPARTMENT's prior written acceptance.

The DEPARTMENT may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special performance guarantee or other surety with respect of any substitute.

CONTRACTOR'S RESPONSIBILITIES

4. CONCERNING SUBCONTRACTOR

4.1 The CONTRACTOR shall not employ any subcontractor or other person or organization

(including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute, against whom the DEPARTMENT may have reasonable objection. A subcontractor or other person or organization identified in writing to the DEPARTMENT by the CONTRACTOR prior to the Notice of Intent to Award and not objected to in writing by the DEPARTMENT prior to the Notice of Intent to Award will be deemed acceptable to the DEPARTMENT. Acceptance of any subcontractor, or other person or organization by the DEPARTMENT shall not constitute a waiver of any right of the DEPARTMENT to reject defective work. If the DEPARTMENT after due investigation has reasonable objection to any subcontractor, other person or organization proposed by the CONTRACTOR after the Notice of Intent to Award, the CONTRACTOR shall submit an acceptable substitute. The CONTRACTOR shall not be required to employ any subcontractor, other person or organization against whom the CONTRACTOR has reasonable objection.

4.2 The CONTRACTOR shall be responsible for all acts and omissions of his subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent the CONTRACTOR is responsible for the acts and commission of persons directly employed by the CONTRACTOR. Nothing in the Contract Documents shall create any contractual relationship between the DEPARTMENT and any subcontractor or other person or organization having a direct contract with the CONTRACTOR, nor shall it create any obligation on the part of the DEPARTMENT to pay or to see to the payment of any moneys due any subcontractor or other person or organization, except as may otherwise be required by law. The DEPARTMENT may furnish to any subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to the CONTRACTOR on account of specific work done.

4.3 The divisions and sections of the specifications and the identifications of any drawings shall not…