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 64–64 of 1,006.