<br />The Contractor shall take all reasonable pre-
<br />caution to prevent and suppress forest fires and shall
<br />require his employees and subcontractors, both
<br />independently and at the request offorest officials, to
<br />do all reasonably within their power to prevent and
<br />suppress and to assist in preventing and suppressing
<br />forest fires and to make every possible effort to notify
<br />a forest official at the earliest possible moment of the
<br />location and extent of any fire seen by them.
<br />
<br />107.14 Interruption of Irrigation Water.
<br />Flow. The Contractor shall arrange the work to
<br />avoid interference with the flow of irrigation water.
<br />If it is impractical to install the structure during the.
<br />time the ditches are not flowing, the Contractor shall .
<br />make arrangements with the ditch owners regarding
<br />temporary interruption of flow or temporary diver-
<br />sion of water. This will require construction of new
<br />ditches with appurtenant structures before old
<br />ditches or canals are altered. The Contractor shall
<br />provide any temporary ditches, canals or structures
<br />necessary for the uninterrupted flow of irrigation
<br />water. Temporary construction and removal shall be .
<br />at the expense of the Contractor.
<br />
<br />107.15 Responsibility for Damage Claims.
<br />The Contractor shall indemnify and save harmless
<br />the Division, its officers, and employees, from suits,
<br />actions, or claims of any type or character brought
<br />because of any and all injuries or damage received or
<br />sustained by any person, persons, or property on
<br />account of the operations of the Contractor; or failure
<br />to comply with the provisions of the Contract; or on
<br />account of or in consequence of neglect of the Con-
<br />tractor in safeguarding the work; or through use of
<br />unacceptable materials in constructing the work; or
<br />because of any act or omission, neglect, or mis-
<br />conduct of the Contractor; or because of any claims
<br />or amounts recovered from any infringements of
<br />patent, trademark, or copyright, unless the design,
<br />device, material or process involved is specifically
<br />required by the Contract; or from any claims or
<br />amounts arising or recovered under the Worker's
<br />Compensation Act, or other law, ordinance, order, or
<br />decree. The Division may retain as much of any
<br />moneys due the Contractor under any Contract as
<br />may be determined by the Division to be in the public
<br />interest.
<br />The Contractor shall procure and maintain at the
<br />Contractor's own expense, until final acceptance of
<br />the project, insurance liability for damages imposed
<br />by law, of the kinds and in the amounts specified,
<br />with insurance companies authorized to do business
<br />in the State of Colorado. The insurance shall cover
<br />all operations under the contract, whether performed
<br />by the Contractor or by subcontractors. Before
<br />commencing the work, the Contractor shall furnish
<br />certificates of insurance in the form satisfactory to,
<br />the Division certifying that the policies are in ful~
<br />force and effect and shall not be changed or cancelled
<br />
<br />24
<br />
<br />until 30 days after written notice thereof has been
<br />received by the Division. In the event such notice of
<br />change or cancellation is received by the Division,
<br />the Contractor, within 20 days of such receipt, shall
<br />submit a substitute policy which meets all of the
<br />requirements ofthe Contract. Such substitute policy
<br />must be effscti ve no less than 48 hours prior to the
<br />date of the change or cancellation.
<br />The types and limits of insurance are as follows:
<br />(1) Worker's Compensation Insurance in accord-
<br />ance with prevailing laws.
<br />(2) Comprehensive general liability $500,000 com-
<br />bined single limit bodily injury and property
<br />damage, each occurrence; $2,000,000 annual
<br />aggregate. If said aggregate is reduced by claim
<br />payments or otherwise exhausted, the Con-
<br />tractor shall immediately purchase additional
<br />aggregate limits for the remainder of the
<br />Contract and furnish certificates of such
<br />insurance to the Division.
<br />(3) Automobile liability $500,000 combined single
<br />limit bodily injury and property damage, each
<br />accident.
<br />(4) Owner's protective liability applying separ-
<br />ately to each project and showing the Division
<br />as Named Insured. Coverages shall remain in
<br />effect until the work is accepted by the Division
<br />and shall be written for limits of $500,000 per
<br />occurrence and $2,000,000 annual aggregate.
<br />The Contractor shall evidence coverages
<br />initially with an insurance binder with the
<br />actual insurance policy submitted to the
<br />Division within thirty days of the effective date.
<br />The Contractor shall be responsible for pur
<br />chasing additional insurance coverage if the
<br />$2,000,000 aggregate is exhausted before the
<br />project is completed.
<br />Policies (2) and (3) enumerated above shall name
<br />the Division as an additional named insured. The
<br />Contractor shall submit the proof of such coverage to
<br />the Division contemporaneously with the submittal
<br />of the insurance certificates.
<br />
<br />
<br />107.16 Opening Sections of Project to
<br />Traffic. When provided in the Contract, or when
<br />ordered by the Engineer, certain sections of the work
<br />may be opened for traffic. Such opening shall not
<br />constitute acceptance of the work, or provide a
<br />waiver of any provision of the Contract.
<br />The Contract will designate the sections to be
<br />opened and specify the method of compensation for
<br />maintenance signing, and traffic control. The Con-
<br />tractor shall maintain the roadway in a condition
<br />equal to or better then the condition of the roadway
<br />when it was initially opened to traffic. Where
<br />applicable, the Contract may specify the time or date
<br />on which certain portions of the work shall be
<br />completed to provide for the accommodation of
<br />traffic.
<br />
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