107.8.8 -Failure to Comply : In the event the Contractor violates or fails to comply with any of the requirements of these provisions:
a.The Railroad's Chief Engineer may require that the Contractor vacate Railroad property.
b.The Division may stop all work adjacent to the Railroad. Any such orders shall remain in effect until the Contractor has remedied the situation to the satisfaction of the Railroad's Chief Engineer and the Division of Highways. All costs incurred resulting from compliance with these provisions shall be incident al to the items in the contract and no separate payment shall be made. 107.9 -BRIDGES OVER NAVIGABLE WATERS : All work on navigable waters shall be so conducted that free navigation of the waterways will not be interfered with and that the existing navigable depths and vert ical clearances will not be impaired except as by the U.S. Army Corps of Engineers and/or the U.S. Coast Guard.
107.10 Barricades and Warning Signs :
The Contractor s hall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, except as provided by 104.5, and the Contractor shall take all necessary precautions for the protection of the work and safety of the public. Highways closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic. The Contractor shall erect warning signs in advance of any place on the project where operations may interfere with the use of the road by traffic and at all intermediate points where the new work crosses or coincides with an existing road. Such warning si gns shall be erected in accordance with the Plans furnished. All barricades, warning signs, lights, temporary signals, and other protective devices must conform with the Standard " Manual on Temporary Traffic Control for Streets and Highways," and the pro visions of 715.9.
107.11 Use of Explosives :
When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for any and all damage resulting from the use of explosives. All explosives shall be stored in a secure manner, in compliance with all laws and ordinances, and all such st orage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and in general not closer than 1,000 feet from the road or from any building or camping area or place of human occupancy. The Contractor shall notify each public utility company, having structures in proximity to the site of work, of their intention to use explosives and such notice shall be given sufficiently in advance to enable the companies to take such steps as they ma y deem necessary to protect their property from injury.
107.12 Protection and Restoration of Property and Landscape :
The Contractor shall be responsible for the preservation of all public and private property and shall protect carefully from disturbance or damage all land monuments and property marks 52 until the Engineer has witnessed or otherwise referenced their location and shall not move the m until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in the Contractor's manner or method of executing the work, or at any time due to defective work or materials, and this responsibility will not be released until the project shall have been completed and accepted. When or where and direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof by the Contractor, the Contractor shall restore, at their own expense, such property to a condition similar o r equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or the Contractor shall make good such damage or injury in as acceptable manner.
107.13 Forest Protection :
In carrying out work within or adjacent to State or National Forests, the Contractor shall comply with all regulations of the State Fire Marshall, Division of Natural Resources, or any other authority having jurisdiction, governing the protection of forests and the carrying out of work within forests, and shall observe all sanitary laws and regulations with respect to the performance of work in forest areas. The Contractor shall keep the areas in an orderly condition, dispose of all refuse, and obtain permits for the construction and maintenance of all construction camps, stores, warehouses, residences, latrines, cesspools, septic tank, and other structures in accordance with the requirements o f the Forest Supervisor. The Contractor shall take all reasonable precaution to prevent and suppress forest fires and shall require their employees and subcontractors, both independently and at the request of forest officials, to do all reasonably within their power to prevent and suppress and to assist in preventing and suppressing forest fires and to make every possible effort to notify a forest official at the earliest possible moment of the location and extent of any fire seen by them.
107.14 Responsibility for Damage Claims :
The Contractor shall indemnify and save harmless the Division, its officers and employees, from all suits, actions, or cl aims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor, its subcontractors and/or consultants; or on account of or in consequence of any negle ct in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of the Contractor its subcontractors and/or consultants; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Worker's Compensation Act," or any other law, ordinance, order, or decree; and so much of the money due the Contractor under and by vi rtue of their Contract as may be considered necessary by the Division for such purpose may be retained for the use of the Division or, in case no money is due, their surety may be held until such suit or suits, action or actions, claim or claims for injuri es or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the Division; except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that the Contractor is adequatel y protected by public liability and property damage insurance.
Source: West Virginia Standard Specifications for Road and Bridge Construction, 2023 Edition. Pages 61–62 of 1,006.