GenProv 2018.docx

Page 49/77

7.03 Patented Devices, Materials and Processes: If the Contractor uses any design, device, material or process covered by patent or copyright, the Contractor shall provide for such use by legal agreement with the owner of the patent or copyright. The Contractor and surety shall indemnify the Contracting Agency, Engineer, and DOTD, any affected third party or political subdivision from claims for infringement due to the use of any such patented design, device, material or process, or any trademark or copyright and shall indemnify the State for any costs, expenses and damages due to any infringement during prosecution or after completion of the work.

If the contractor submits proposed plans, specifications, manufacturer's data, or any other information or documents to the Contracting Agency for a proposed change order, value engineering proposal or for any other purpose which may be protected by copyright or trade secret protection, the contractor shall first obtain permission or license from the licensor or any other party having a proprietary interest in such documents or information and shall hold harmless, indemnify and defend the Contract Agency at the contractor's sole cost from any damages, expenses or actions arising out of or related to use by the Contract Agency of information or documents supplied by the contractor to the Contracting Agency.

7.04 Sanitary, Health and Safety Provisions: The Contractor shall provide and maintain in a neat, sanitary condition, restrooms and other such accommodations for use of employees and the Engineer and/or Inspector. Such facilities shall comply with requirements of the State and local Boards of Health or other bodies or tribunals having jurisdiction.

The Contractor shall not require any worker to work under conditions which are unsanitary, hazardous or dangerous to health or safety. The Contractor shall maintain the work in a sanitary, safe and nonhazardous condition.

Disposal of sewage shall be as approved by the appropriate health agency.

The contractor shall comply with all Occupational Safety and Health Administration (OSHA) regulations.

If the contractor provides an Emergency, Health and Safety (EHS) plan during the preconstruction conference, all Contracting Agency and Engineer employees assigned to the project shall comply with the plan while on or adjacent to the job site. The contractor shall not be liable under 7.17 for bodily injuries, death, or damages sustained by the Contracting Agency and Engineer, or by any Contracting Agency and Engineer’s employee, due directly to the Contract Agency and Engineer’s employee's failure to abide by the EHS plan provided by the contractor.

7.05 Public Convenience and Safety: The Contractor shall conduct the work to assure the least possible obstruction to traffic. The project site and haul route shall be kept reasonably free from dust and in such condition that the public can travel in safety.

When the road under construction is to be kept open for traffic, the subgrade and surfacing shall be kept reasonably free from dust and in such condition that the public can travel in safety. Safety and convenience of the general public and the residents along the work, and protection of persons and property, shall be a primary responsibility of the Contractor.

When the Contractor works at night, adequate artificial lighting, signs, flaggers or other traffic controls shall be provided to protect workers, the work and the traveling public. When such work affects traffic safety, the Contractor shall submit to the Engineer for approval a plan of lighting, signing, flagmen or other traffic controls. If the approved plan proves inadequate after work begins, the Contractor shall make such changes as directed. If the Engineer finds that the night work is so hazardous as to preclude the beginning or require the discontinuing of such work, the Contractor shall immediately cease all such

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