1514Maintenance During Construction

At the Contractor’s own expense and initiative, the Contractor must maintain Project Roadway on which it has performed Work when the Contract requires placing Materials on or the use of constructed Subgrade, base course, pavement, or Structure. This responsibility for maintenance includes not only Roadway where construction is complete, but also temporary, unfinished Roadway surface used by traffic where the existing pavement has been removed but the final surface has not yet been placed . The Contractor must maintain this Work such that the surface is reasonably smooth, dust free, not rutted or potholed, and provides for the safe and convenient use by the travelling public. For Roadway on which the Contractor has performed Work, the Engineer will notify the Contractor, in writing, of maintenance deficiencies. The Contractor must correct deficiencies within 24 hours of receipt of written notice from the Engineer, or within 24 hours of when the Contractor independently encounters deficiencies requiring repair, whichever is earlier. If the Contractor fails to do so, the Department may immediately proceed to maintain the Work and deduct the cost of maintenance from money due or becoming due to the Contractor under the Contract or any other Contract with the Department. For maintenance Work on all other Highways and Roads, the Contractor must perform maintenance Work or provide dust control as directed by the Engineer. The Contractor must promptly notify the Engineer if the Contractor encounters a deficiency that must be repaired to maintain the R oad such that the surface is reasonably smooth, dust free, not rutted or potholed, and provides for the safe and convenient use by the travelling public. The Contractor must comply with an Engineer’s directive to maintain the R oad within 24 hours after receipt of written notice. The Department will pay for the Engineer-directed Work at Contract Unit Prices or as Extra Work in accordance with 1402, “Contract Revisions.” The Department will not pay for Contractor maintenance Work performed on Contractor-requested Detours and Contractor-selected haul Roads.

During periods of authorized winter suspension, the Department will perform routine maintenance on Project Roads. When resuming Work after winter suspension, the Contractor must remove, to the extent directed by the Engineer, any temporary construction or Materials that the Department used in Road maintenance during the suspension. The Department will pay for this Work at the Contract Unit Prices or as Extra Work in accordance with 1402, “Contract Revisions.” If the Engineer partially accepts Work under 1516.1, “Partial Acceptance,” then the Contractor is relieved of responsibility for maintenance of that portion of the Work that has been partially accepted, except as directed by the Engineer. The Department will pay for the Engineer-directed Work at Contract Unit Prices or as Extra Work in accordance with 1402, “Contract Revisions.”