35 When any unit of government or political subdivision or any railroad corporation is to pay a portion of the cos t of the work covered by this Contract, its respective representatives shall have the right to inspect the work. Such inspection shall in no sense make any unit of government or political subdivision or any railroad corporation a party to this Contract, a nd shall in no way interfere with the rights of either party hereunder. No work shall be done at night, Saturdays, Sundays, or Holidays without documented prior approval of the Engineer.
105.12 Removal of Unacceptable and Unauthorized Work :
Except as provided in 105.3, all work which does not conform to the requirements of the Contract will be considered as unacceptable work. Unaccepted work, whether the result of poor workmans hip, use of defective materials, damage through carelessness or any other cause, found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner. Unacceptable material shall be removed from the j ob site. No work shall be done without lines and grades having been given or approved by the Engineer. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the Plans, or as given, except as specified, or any extra w ork done without authority, will be considered as unauthorized and will not be paid for under the provisions of the Contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to compl y promptly with any order of the Engineer, made under the provisions of this Subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed, and to deduct the costs from an y monies due or to become due the Contractor.
105.13 Load Restrictions :
The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads. A special permit will not relieve the Contractor of liability for damage which may result from the moving of equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or the roadway or to any other type of construction will not be permitted . Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base or structure before the expiration of the curing period. In no case shall legal load li mits be exceeded unless permitted in writing. The Contractor shall be responsible for all damage done by their own equipment.
105.14 Maintenance During Construction :
The Contractor shall maintain the work during construction and until the project is accepted except as otherwise provided in 105.16.1. This maintenance shall constitute continuous and effec tive work prosecuted day by day, with adequate equipment and forces to the end that the roadway and structures are kept in satisfactory condition at all times. In the case of a Contract for 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. All cost of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various pay item s, and the Contractor will not be paid an additional amount for such work except as otherwise provided in 104.5. 36 105.15 -FAILURE TO MAINTAIN ROADWAY OR STRUCTURE : If the Contractor, a t any time, fails to comply with the provisions of 105.14, 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 may immediately proceed to maintain the project, and the entire cost of maintenance will be deducted from monies due or to become due the Contractor on their Contract.
105.16 Acceptance :
105.16.1 Partial Acceptance: If at any time during the prosecution of the project, the
Contractor completes a unit or portion of the project, such as a structure, an interchange, or a section of road or paveme nt, the Contractor may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been completed in compliance with the Contract, the Engineer may accept that unit as being completed and the Contrac tor may be relieved of further responsibility for that unit. Such partial acceptance shall in no way void or alter any of the terms of the Contract.
105.16.2 Final Acceptance: After the Contractor completes all specified work
satisfactorily and execut es and delivers all required documents, certificates, and proofs of compliance, the Contractor shall provide written notice of completion to the Engineer. If the Engineer agrees the Project is substantially complete they will notify the Contractor and wil l conduct a final inspection within thirty ( 30) calendar days. If the Engineer determines that all construction and other contractual requirements provided for and contemplated by the Contract are satisfactorily completed, that inspection will constitute the final inspection. If the Engineer determines any work, i n whole in part, is unsatisfactory, the Engineer will give the Contractor a punch list for correction in writing, within fifteen ( 15) calendar days after inspection. The Contractor shall immediately comply with and execute such instructions. The Contract or shall supply to the Engineer all material certifications, all documents necessary for project finalization, and agree to final quantities within ninety ( 90) calendar days of punch list notice. If the Contractor fails to give notice of disagreement to t he Engineer about any issue within ninety ( 90) calendar days of punch list notice, including the reason for dispute and justification, the final payment will be based on the Engineer’s list of final quantities. If the Contractor fails to provide material certification, the Division may deduct cost of material from the project. The Contractor shall complete all remaining punch list work within 135 calendar days of punch list notice. If the Engineer determines that the punch list is incomplete, the Divisio n may withhold all payments on any and all Contracts. Upon timely correction of the work, another inspection will be made which will constitute the final inspection provided the Engineer determines that the work has been satisfactorily completed. The Engineer will make the final acceptance and notify the Contractor in writing of acceptance. Final acceptance will be the date the Contract Completion Report is fully executed by the Division.
105.16.2 1 -Punch List: The punch list will identify and incl ude, but not be limited to,
any item of work that need corrected before Final Acceptance; all necessary material certifications; any unsigned change orders; any applicable certified payrolls; all certification of subcontractor payment; any applicable Proof of Payments needed for B&O tax; and any other item needed for finalization.