210Roadside Development

210.01General Provisions. Where the term "plant establishment" is used, it shall be

understood to mean the work and time necessary to provide fully established, healthy vegetation. 125 Section 210 Section 210 Where the term "dormant" is used, it shall be understood to mean the temporary inactive stage of a living plant or seed. When the term "dormant season" is used, it shall be understood to mean a period of time during the year when germination and growth is not expected. It shall be further understood th at the limits of the dormant season for each kind of plant shall be determined by the State Roadside Development Manager or authorized representative. Planting and establishment of vegetation shall be performed at the earliest practicable time consistent with other operations to provide that the maximum permanent or temporary vegetation is established as quickly as possible. The Contractor shall schedule work so finishing of all areas requiring vegetation can begin as soon as practicable. Finishing of such areas and the planting shall progress at the same rate as the work. The Contractor shall perform plant establishment throughout the life of the contract. The Contractor, upon written notification by the Engineer of noncompliance with the preceding two paragraphs, will have 48 hours, excluding Sunday, to correct the situation and comply with the specifications. Upon failure of the Contractor to comply w ith the written notification, the Engineer will suspend any or all operations in progress as deemed necessary to ensure compliance and may deduct from all subsequent estimates an amount equal to 30 percent of the value of all erosion control items completed between the suspension date and subsequent date of compliance. By execution of th e contract, the Contractor agrees that such deduction will not be made as a penalty but as agreed reduction in pay for deficient performance by having failed to provide the Department with the maximum possible ground cover as intended under the contract. The requirements for growth and coverage for each kind of plant in its dormant season may be waived in areas in which planting, plant establishment, and maintenance have been performed in accordance with the requir ements of the Contract, provided at least one kind of plantings that is not in its dormant season shows satisfactory growth and coverage. When contract time has expired and all work under the contract has been completed except for the specified growth and coverage of vegetation, liquidated damages will not be charged provided the Engineer's diary documents that the following conditions have been met:

plant establishment, including but not lim ited to watering, replanting, mowing, and other work specified for plant establishment; and

reasonable effort is being made to provide satisfactory maintenance. When any of the conditions for waiver of liquidated damages have not been met, liquidated damages will be charged until the conditions are met or until release of maintenance, whichever occurs first. Some contracts may require that planting of trees and shrubs or other plantings be 126