The requirements of this section shall not relieve the Contractor of obligations for maintenance of traffic over Roads undergoing improvements, as specified in 1404, “Maintenance of Traffic.” Opening of a section of the Roadway to traffic shall not constitute acceptance of the incomplete portions of the Project, nor shall opening a section of the Roadway to traffic before the completion of the entire Contract waive any provisions of the Contract. The Special Provisions may require, or the Engineer may direct, the Contractor to open sections of the Roadway to traffic before the completion of that section or the entire Project. When the Contractor is required to do so, the following applies:
traffic before completion of the entire Project, the Department will relieve the Contractor of any expense for actions required under 1404, “Maintenance of Traffic.” The Contractor is responsible for repair of damage to the Work not attributable to traffic. The Contractor must perform Highway maintenance work in accordance with 1514, “Maintenance During Construction.”
unforeseen reasons not the fault of the Contractor, the Department will pay the Contractor for additional expenses incurred in completing the remaining Work under traffic. The Department may extend the Contract Time, if justified, with a Change Order executed in advance of the traffic opening, describing the agreed conditions.
of the Contract or as directed by the Engineer as a result of failure or negligence by the Contractor, the Contractor shall perform remaining construction operations with the least possible obstruction to traffic. The Department will not provide the Contractor any additional compensation or extension of time due to increased costs or changed working conditions resulting from opening the Road to traffic before its co mpletion.
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