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105.11 REMOVAL OF UNACCEPT ABLE AND UNAUTHORIZED WORK . Work which does
not reasonably conform to the requirements of the Contract will be considered unacceptable, unless otherwise determined acceptable under the provisions of Subsection 105.03; Conformity with Plans and Specifications . Unacceptable work, whether the result of poor workmanship, use of defective materials, or damage through carelessness, found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner at the Contractor's expense. Work performed contrary to the instructions of the Engineer; work performed beyond the lines and grades shown on the Plans, or as otherwise provided; or any extra work performed without authority, will be considered as unauthorized work and will not be paid for under the provisions of the Contract. Work so performed may be ordered removed and/or replaced at the Contractor's expense. If the Contractor fails to promptly comply with any order of the Engineer made under the provisions of this Subsection, the Engineer is authorized to require unacceptable work to be remedied or removed and replaced, and unauthorized work to be removed, and to deduct the costs incurred thereby from any monies due or to become due the Contractor.
105.12 LOAD RESTRICTIONS . The Contractor shall comply with all legal load restrictions in
the hauling of equipment or materials on public roads beyond the limits of the project. A special permit will not relieve the Contractor of liability for damage which may result from the moving of such equipment or materials. The operation of equipment on hauling loads which cause damage to structures or the roadway, or to any other type of construction, will not be permitted. Handling or hauling of materials over the base course or surface course under construction shall be limited as directed by the Engineer to prevent damage to the pavement structure. No loads will be permitted on a concrete pavement, base or structure before the concrete has attained its required strength unless otherwise authorized in writing by the Engineer.
105.13 MAINTENANCE DURING CONSTRUCTION . The Contractor shall maintain the work
during construction and until the project is substantially complete. This maintenance shall constitute continuous and effective work pr osecuted day by day, with adequate equipment and forces to the end that the roadway or structures are kept in satisfactory condition. If the Contract requires the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. Cost of maintenance work during construction and before the project is substantially completed is contained within the Contract unit prices of the various pay items and the Contractor will not be paid an additional amount. 1−39
105.14 OPENING SECTIONS OF PROJECT TO TRAFFIC . Opening of sections of the work to
traffic prior to completion of the entire Contract may be desirable from a traffic service standpoint; or may be necessary due to conditions inherent in the work, or by changes in the Contractor's work schedule; or necessary due to conditions or events unforeseen at the time of the Contract award. Such openings to traffic shall be made when ordered by the Engineer. Under no condition shall the openings constitute acceptance of the work or a waiver of any provisions of the Contract. The Contract will state which sections shall be opened to traffic prior to completion of the Project. On any section opened by order of the Engineer, whether covered in the Contract or not, the Contractor shall not be required to assume any expense in maintaining the road for such traffic. Such expense will be borne by t he Department, or compensated for in accordance with Subsection 109.04; Differing Site Conditions, Changes, Extra Work and Force Account Work . If, however, the Contractor is dilatory in completing shoulders, drainage structures, or other features of the work, the Engineer may notify the Contractor in writing and establish a period of time in which the work should be complet ed. If the Contractor is dilatory, or fails to make a reasonable effort toward completion in this period of time, the Engineer may order all or a portion of the project opened to traffic. On sections which are so ordered to be opened, the Contractor shall conduct the remainder of the construction operations to cause the least obstruction to traffic. Costs incurred due to the dilatory nature of the Contractor's response to instructions of the Engineer shall be borne solely by the Contractor. On any section opened to traffic under the above conditions, whether stated in the Contract or opened by necessity of Contractor's operations, or unforeseen necessity, damage to the highway not attributable to traffic that occu rs (except slides) shall be repaired at the expense of the Contractor. The removal of slides shall be done by the Contractor on a basis determined by the Engineer prior to removal. Unless otherwise specified, the Contractor shall schedule pavement removal such that no location shall remain unpaved for longer than ten (10) working days. This means that once the Contractor commences with the removal of existing full depth pavement from any location where traffic flow is to be maintained, he must restore the roadway with no less than a full depth bituminous base course at that particular location within 10 working days. In the case of partial depth pavement removal (cold planning/milling), the Contractor shall schedule the pavement removal such that no location shall remain without a new bituminous asphalt layer for longer than seven (7) calendar days.
105.15 FURNISHING RIGHT-OF-WAY . The Department is responsible for securing
Rights-of-Way in advance of construction. Exceptions will be indicated in the Contract. 105.16 FAILURE TO MAINTAIN ROADWAY OR STRUCTURE . If the Contractor fails to comply with the provisions of Subsection 105.13; Maintenance During Construction , the Engineer will immediately notify the Contractor of such non-compliance. If the Contractor fails to remedy unsatisfactory maintenance within 24 hours after receipt of such notice, the Engineer