The Contractor is responsible for the Work until the Engineer issues P roject acceptance in writing under 1516.2, “Project Acceptance.” The Contractor shall protect the Work against injury or damage from weather or other causes arising from the execution or non-execution of the Work. The Contractor shall rebuild, repair, and correct injuries or damage to the Work at no additional cost to the Department before the Engineer will accept the Project under 1516.2, “Project Acceptance,” unless either of the following is true:
and without the fault or negligence of the Contractor, including acts of God such as earthquake, tidal wave, flood, tornado, hurricane, other cataclysmic phenomenon of nature, or acts of a public enemy or of governmental authorities If the Engineer suspends the Work, the Contractor shall perform the following functions at no additional cost to the Department:
2574.5C, “Establishing Vegetation and Controlling Erosion”
“Maintenance of Traffic,” and 1710, “Traffic Control Devices”
as specified in 2571, “Plant Installation and Establishment,” 2572, “Protection and Restoration of Vegetation,” and 2574.5C, “Establishing Vegetation and Controlling Erosion” If the Contractor fails to comply with these provisions, the Engineer will notify the Contractor in writing of the unacceptable Work. If the Contractor fails to take action as directed by the Engineer, the Department may have the Work performed by others and will deduct the costs for this Work from moneys due the Contractor under this Contract or any other Contract with the Department.
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