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. 53 107.15 -OPENING SECTIONS OF PROJECT TO TRAFFIC : At the option of the Engineer, certain sections of the work may be opened for traffic. Such opening will not constitute acceptance of the work, or any pa rt thereof, or a waiver of any provisions of the Contract; provided however, that on such portions of the project as are accepted for use of traffic, the Contractor shall not be required to assume any expense entailed in maintaining the roadway for traffic . Such expense will be borne by the Division or will be compensated for in the manner provided in 109.4. Any damage to the highway not attributable to traffic which might occur on such section, except slides, shall be repaired by the Contractor at their expense. The removal of slides shall be performed by the Contractor and payment will be in accordance with 104.3. If the Contractor is dilatory in completing shoulders, drainage structures, or other features of the work, the Engineer may order all or a p ortion of the project open to traffic, but in such event the Contractor shall not be relieved of their liability and responsibility during the period the work is so opened prior to final acceptance. The Contractor shall conduct the remainder of their construction operations so as to cause the least obstruction to traffic.
107.16 Contractor'S Responsibility for Work :
Until final written acceptance of the proje ct by the Engineer, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part thereof by the action of the elements, or from the nonexecution of the work. The Contractor shall rebuild, repai r, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and wi thout the fault of or negligence of the Contractor, including but not restricted to acts of God, of the public enemy or governmental authorities. In case of suspension of work from any cause whatever, the Contractor shall be responsible for the project an d shall take such precautions as may be necessary to prevent damage to the project, provide for normal drainage and to erect any necessary temporary structures, signs, or other facilities at their expense. During such period of suspension of work, the Con tractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established plantings, seeding, and sodding furnished under their Contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury.
107.17 Contractor'S Responsibility for Utility Property and
SERVICES : At points where the Contractor's operations are adjacent to properties of railway, telegraph, telephone, and power companies, or ar e adjacent to other property, damage to which might result in considerable expense, loss, or inconvenience, work shall not be commenced until all arrangements necessary for the protection thereof have been made. The Contractor shall cooperate with the own ers of any underground or overhead utility lines in their removal and rearrangement operations in order that these operations may progress in a reasonable manner, that duplication of rearrangement work may be reduced to a minimum, and that services rendere d by those parties will not be unnecessarily interrupted. In the event of interruption to water or utility services as a result of accidental breakage, or as a result of being exposed or unsupported, the Contractor shall promptly notify the proper authori ty and shall cooperate with such authority in the restoration of service. If water service is interrupted, repair work shall be continuous until the service is restored. No work shall be