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2.3.3 MAINTENANCE OF STREETS DURING CONSTRUCTION <br />The CONTRACTOR shall at all times maintain the <br />surfaces of streets on which he is working or <br />has worked. The maintenance required shall <br />include the filling of holes, blading or <br />otherwise smoothing of the street surfaces <br />(particularly the trench area), cleaning and <br />removal of surplus excavation materials, <br />rubbish, etc., sprinkling of streets with <br />water to abate dust nuisances and the <br />elimination of interference resulting, from <br />blocking the street to residents thereon. Any <br />or all of such operations shall be performed <br />by the CONTRACTOR upon demand by the OWNER <br />before performing maintenance work obviously <br />in need of being done to meet the requirements <br />of these specifications. All costs of work <br />covered by this paragraph shall be included in <br />the prices bid for the various items of work; <br />and no separate payment shall be made. <br />In the event the CONTRACTOR fails or refuses <br />to properly maintain the surfaces of streets <br />on which he is working or has worked, the <br />OWNER, after due notice to the CONTRACTOR, <br />shall perform the necessary maintenance. All <br />costs to the OWNER incurred in the performance <br />of such work shall be deducted from any monies <br />due or to become due to the CONTRACTOR for <br />worked performed, or the CONTRACTOR shall be <br />billed for such costs directly as the OWNER <br />shall elect. Notice to the CONTRACTOR to be <br />given by the OWNER shall be in writing, and it <br />shall be delivered to the CONTRACTOR or his <br />authorized agent. Except in emergency cases, <br />where immediate action is required, the <br />CONTRACTOR shall have 24 hours in which to <br />comply with the instructions of the OWNER. <br />Should the CONTRACTOR fail to do so, the OWNER <br />shall proceed with the work as set forth <br />above. <br />Where traffic must cross open trenches, such <br />as street intersections and driveways, the <br />CONTRACTOR shall provide suitable backfill <br />bridges, protective barricades and such other <br />safety equipment as required. The use of <br />machinery must be so regulated as to preclude <br />any unnecessary interference with traffic, <br />utilities, etc. The CONTRACTOR shall abide by <br />all applicable federal, state, or local laws <br />governing excavation work. <br />86 <br />