Common use of Opening Sections of Projects to Traffic Clause in Contracts

Opening Sections of Projects to Traffic. Certain sections of the Work may be opened to traffic when specified in the Contract or when directed by the Department. Such opening shall not constitute acceptance of the Work or any part thereof or a waiver of any provision of the Contract. On any section of the Work opened by order of the Department where the Contract does not provide for traffic to be carried through the Work, the Design-Builder will not be required to assume any expense entailed in maintaining the road for traffic. The Department will pay such expense or will compensate the Design-Builder in accordance with Section 109.05. Repair of slides and repair of damage attributable to traffic will be compensated for in accordance with Section 109.05. Slides shall be removed by the Design-Builder in accordance with Section 303. On any section of the Work opened by order of the Department where the Contract does not provide for traffic to be carried through the Work, any additional cost incurred to complete other items of work solely because of the changed working conditions will be compensated according Section 109.05. If the Design-Builder is not continuously prosecuting the Work to the Department's satisfaction as determined by the Schedule of Record, the Design-Builder shall not be relieved of the responsibility for maintenance of the completed work during the period that the section of the Work is opened to traffic prior to Final Acceptance. The Design-Builder shall be responsible for any expense resulting from the opening of such portions of the Work under these circumstances, except for slides. The Design-Builder shall conduct the remainder of the construction operations so as to cause the least obstruction to traffic.

Appears in 2 contracts

Samples: Agreement, Agreement

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Opening Sections of Projects to Traffic. Certain sections of the Work may be opened to traffic when When specified in the Contract or when directed by the Department, certain sections of the Work may be opened to traffic. Such opening shall not constitute acceptance of the Work work or any part thereof or a waiver of any provision of the Contract. On any section of the Work opened by order of the Department where the Contract does not provide for traffic to be carried through the Work, the Design-Builder will not be required to assume any expense entailed in maintaining the road Road for traffic. The Such expense will be borne by the Department will pay such expense or will compensate the Design-Builder be compensated for in accordance with the requirements of Section 109.05. Repair of slides and repair of damage attributable to traffic will be compensated for in accordance with the requirements of Section 109.05. Slides shall be removed by the Design-Builder in accordance with the requirements of Section 303. On any section of the Work opened by order of the Department where the Contract does not provide for traffic to be carried through the Work, any additional cost incurred to complete for the completion of other items of work solely that are required because of the changed working conditions will be compensated according in accordance with the requirements of Section 109.05. If the Design-Builder is not continuously prosecuting the Work to the satisfaction of the Department's satisfaction as determined by the Schedule of Record, the Design-Builder he shall not be relieved of the responsibility for maintenance of the completed work during the period that the section of the Work is opened to traffic prior to Final Acceptance. The Design-Builder shall be responsible for any Any expense resulting from the opening of such portions of the Work under these circumstances, except for slides, shall be borne by the Design-Builder. The Design-Builder shall conduct the remainder of the construction operations so as to cause the least obstruction to traffic.

Appears in 2 contracts

Samples: Agreement, Agreement

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