ATTACHMENT D.pdf

107.18

107.18

107.18 Responsibility for Claims, etc.

107.18 Indemnify and save harmless the County, the State, the Department, its officers, agents, and employees, as well as the City, the Town or other mu-

Relevant Pages from SCDOT Standard Specifications

ATTACHMENT D

107.19 107.20 nicipality in which the work is performed and all of their officers, agents, and employees from all suits or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property, in whole or in part, because of the operations of the Contractor or any sub-contractor or sub-subcontractor; or because of or in consequence of any ne-glect in safeguarding the work; or through use of unacceptable materials or workmanship in constructing the work; or because of any act or omission, ne-glect, or misconduct of the Contractor or any subcontractor or sub-subcontractor; or because of any claims or amounts recovered from any in-fringements of patent, trademark or copyright; or for failing to pay, when and as due, all bills and other legitimate charges, including lawful claims for labor performed or materials, equipment, and supplies furnished for use in and about the construction of the work under the Contract; or from any claims or amounts arising or recovered under the Workmen's Compensation Act, or any other law, ordinance, or decree. This indemnity obligation is intended to apply even if the County, the State, the Department, and their officers, agents, and employees are negligent and in part responsible for the injuries or damages.

This indemnity obligation is not intended to apply if the County, the State, the Department, and their officers, agents and employees are solely responsible for the injuries or damages. Money due the Contractor under and by virtue of the Contract and is considered necessary by the Department may be retained for the use of the Department, or in case no money is due, the Contractor's Surety is held responsible until such suit or suits, action or actions, or claim or claims for injuries or damages as aforesaid have been settled and suitable evidence to that effect has been furnished the Department; except that money due the Contractor is not withheld when the Contractor produces satisfactory evidence that it is adequately protected by public liability and property dam-age insurance.

107.19

107.19 Third Party Liability

107.19 It is not intended by any of the requirements of any part of these specifica-tions to make the public or any member thereof a third party beneficiary here-under, or to authorize anyone who is not a party to a contract entered into pursuant to these specifications to maintain a suit for personal injury or prop-erty damage otherwise than as authorized and provided by law.

107.20

107.20 Opening of Section of Highway to Traffic

107.20 When, in the opinion of the RCE, any bridge, roadway, or portion thereof is in acceptable condition for travel, open it to traffic as directed. Such opening is not held to be in any way an acceptance of the bridge, roadway, or any part of it, or as a waiver of any of the provisions of the Contract. Pending comple-tion and final acceptance thereof, perform any necessary repairs or renewals due to any cause other than ordinary wear and tear at no additional expense.

If the construction of the project has not been completed and weather condi-tions require suspension of the laying of the surface courses or other work, open the incomplete portions of the work to traffic when directed by the RCE, and carry on maintenance of such incomplete sections. Make any repairs

107.21 107.24 necessary to incomplete sections without any additional compensation.

107.21

107.21 Contractor's Responsibility for the Work

107.21 Until final acceptance of the work by the RCE as evidenced in writing, the Contractor has the charge and care thereof. Take every precaution against injury or damage to any part thereof by the action of the elements or from any other cause whether arising from the execution or from the non-execution of the work. Unless otherwise provided in these specifications, rebuild, restore, and make good all injuries or damages to any portion of the work occasioned by any cause before final acceptance and bear the expense thereof.

107.21 The Contractor is responsible to the Department for the acts and omissions of its employees, subcontractors and their agents and employees, and all other persons performing work under a contract with the Contractor or any of its subcontractors.

107.21 In the case of suspension of work from any cause whatever, the Contractor is responsible for all materials and unfinished work. Properly store materials;

provide suitable drainage of the roadway; continue the servicing of barri-cades, lights, signs, and other devices; and erect necessary temporary struc-tures without additional compensation.

107.22

107.22 Contractor's Responsibility for Utility Property and Services

107.22 Before commencing work, arrange to protect the properties of railway, tele-graph, telephone, power companies, or other utility property from damage.

107.22 Cooperate with the utility owners in the removal and rearrangement of any underground or overhead utility lines or facilities to minimize interruption to service and duplication of work by the utility owners.

107.22 If utility services are interrupted because of accidental breakage, promptly notify the proper authority and cooperate with them until service has been restored. Do not commence work around fire hydrants until provisions for continued service have been made and approved by the local fire authority.

107.22 If a permit is issued to a city, county, or other governmental unit for the in-stallation of conduits, poles, or other appurtenances for artificial lighting of the structure, it may be necessary or desirable to revise the Plans or make struc-tural changes as needed to accommodate such installation, and the provi-sions of Subsection 104.2 apply to any changes in quantities of work.

107.23