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 54 undertaken around fire hydrants until provisions for continued serv ice have been approved by the local fire authority.
107.18 Furnishing Right -of-Way :
The Division will be responsible for securing all necessary right -of-way in advance of construction. Any exceptions will be indicated in the Contract.
107.19 Personal Liability of Public Officials :
In carrying out any of the provisions of t hese Specifications, or is exercising and power or authority granted to them by or within the scope of the Contract, there shall be no liability upon the Commissioner, Engineer, or their authorized representatives, either personally or as officials of the State, it being understood that in all such matters they act solely as agents and representatives of the Division.
107.20 No Waiver of Legal Rights :
The Division shall not be precluded or estopped by any measurement, estimate, or certificate made either before or after the completion and acceptance of the work and payment therefor, from showing the true amount and character of the work performed and materi als furnished by the Contractor, nor from showing that any such measurement, estimate or certificate is untrue or is incorrectly made, nor that the work or materials do not in fact conform to the Contract. The Division shall not be precluded or estopped, notwithstanding and such measurement, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor or sureties, or both, such damage as it may sustain by reason of their failure to comply with the terms of the Contract. Neither the acceptance by the Division or any representative of the Division, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, nor any possession taken by the Division, shall operate as a waiver of any po rtion of the Contract or of any power reserved or of any right to damages. A waiver of any breach of the Contract shall not be held to be a waiver of any other or subsequent breach.
107.21 Protection of Rivers, Streams, and Impoundments :
107.21.1 Erosion and Sedimentation Control: The Contractor shall be responsible for
water quality throughout the duration of construction in accordance with the National Pollutant Discharge Elimination System (NPDES) permit registration with the West Virginia Department of Environmental Protection ( WVDEP). Any project with less than 1 acre of Earth disturbing activities will include a Letter of Non - registration (LONR). The Contractor shall provide the WVDOH with an Erosion and Sediment Control Plan and use erosion and sediment control Best Managem ent Practices (BMPs) for any work that has the potential to affect water quality. NPDES registration, modifications, and fees for Alternative Delivery/Design Build Projects with earth disturbing activities of 1 acre or more shall be the Contractor’s responsibility. The WVDOH shall not be a NPDES Co -Applicant/Co -Permittee for Alternative Delivery/Design Build Projects. The WVDOH will provide for information purposes only and for possible use in the contractor’s Storm Water Pollution Prevention Plan (SWP PP):
a.Estimated start and completion dates for the project.
b.List and name all receiving stream(s).
c.Topo map with the Limit of Disturbance (LOD) and receiving streams identified.
d.Sequence of Construction Activities.
Source: West Virginia Standard Specifications for Road and Bridge Construction, 2023 Edition. Pages 63–64 of 1,006.