Common use of UNLICENSED EQUIPMENT Clause in Contracts

UNLICENSED EQUIPMENT. 1. The Contractor’s equipment shall include: vehicles, fuel, chains, supplies, and any tools necessary to insure safe operation and safe equipment. Equipment shall adhere to all applicable federal and state motor vehicle regulations. The Contractor shall maintain all required equipment in a condition that enables the Contractor to safely and effectively perform services throughout the duration of the Agreement. Any equipment failing to meet any of the Agreement standards, deemed to be inadequate, or requiring an inordinate amount of alterations, shall not have VDOT snow removal equipment /components installed, and shall not be allowed to perform work under this Agreement. The Contractor is not eligible for payment (at Standby Rate or at the Designated Rate) until equipment is brought into compliance by the Contractor, as solely determined by VDOT. 2. Equipment changes or substitutions during the term of the Agreement will only be considered for like equipment (example: replacing a broken-down motor grader with an operable motor grader and must be approved by VDOT). 3. Per the current version of the Virginia Work Area Protection Manual (WAPM) and subsequent revisions, each vehicle involved in Operational Services shall be equipped with at least one rotating amber light or high intensity amber strobe light and shall be visible 360 degrees around the vehicle in which they are installed. Equipment hazard warning lights can be used as a supplement but shall not be used instead of rotating lights or strobe lights. 4. The Contractor is responsible for all rigging and maintenance when vehicles with auxiliary equipment are provided by the Contractor. 5. The Contractor shall provide tire chains when needed for all non-licensed equipment including loaders and graders. In the event a Contractor’s vehicle gets stuck, the Contractor shall immediately notify the Designated VDOT Location to which the Contractor is assigned. No payment at the Designated Rate or Standby Rate will be authorized until the vehicle is back in operating status. The Contractor, not VDOT, will be responsible for rescuing their equipment should it become stuck. 6. In the event the Contractor’s equipment breaks down, the Contractor shall immediately notify the Designated VDOT Location to which the Contractor is assigned. No payment for that piece of equipment will be authorized until the equipment is back in operating condition. With VDOT’s prior approval, the Contractor may substitute an equivalent piece of equipment. If this substitute equipment requires any VDOT rigging, there will be no payment made to the Contractor during rigging of the substitute equipment. VDOT may bill the Contractor the additional VDOT rigging time. 7. The Contractor is required to contact the Designated VDOT Location immediately if they are involved in an accident while performing snow removal operation. If the equipment is no longer able to perform the service, with VDOT’s prior approval, the Contractor may substitute an equivalent piece of equipment. If this substitute equipment requires any VDOT rigging, there will be no payment made to the Contractor during rigging of the substitute equipment. No payment for that piece of equipment will be authorized for payment during downtime. 8. The Contractor shall be responsible for ensuring that all of their equipment is in full compliance with local, state and federal requirements, laws and standards.