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Finishes & Coatings (09000-12999)

107.16CONTRACTOR'S RESPONSIBILITY FOR WORK :

WV · 2023 Standard SpecificationsBook pages 6363View official source ↗

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

Source: West Virginia Standard Specifications for Road and Bridge Construction, 2023 Edition. Pages 6363 of 1,006.