SCOPE OF WORK SECTION 104 29 specifications. If at any time the contractor's upcoming operations would result in a change to the loading or the location of the loading on a bridge, submit the proposed loadings to the engineer for approval before changing the loading. Perform no work t hat will change the loadings on any bridge until the contractor obtains the engineer's approval. The engineer will review the changes in accordance with Section 105.4 , Plans, Shop Drawings, and Working Drawings .
104.15 E -Construction.
A.The Department requires the use of various E -Construction applications for various documentation processes depending upon the Project being constructed. Unless otherwise noted in the RFP, the Department’s E -Construction application is Oracle Primavera Unifier (Unifier). The Contractor is required to use Unifier for reviewing, approving, acknowledging and/or electronically signing processes related to Change Orders, Estimates, Requests for Information, Submittals, Time Charges, et c. for the Project through Unifier. No additional paymen ts will be made to the contractor to use or interface with the Department’s E -Construction application(s) that are identified in either the General Specifications and/or Project RFP. No additional payments will be made to the contractor for additional licenses for the E -Construction application beyond the license(s) provided by DelDOT. RESPONSIBILITIES OF THE DEPARTMENT; INTERPRETATION SECTION 105 OF THE CONTRACT DOCUMENTS; MAINTENANCE DURING CONSTRUCTION; CLAIMS; PROJECT ACCEPTANCE 30 SECTION 105 — RESPONSIBILITIES OF THE DEPARTMENT; INTERPRETATION OF THE CONTRACT DOCUMENTS; MAINTENANCE DURING CONSTRUCTION; CLAIMS; PROJECT ACCEPTANCE 105.1 Authority of the engineer.
A.The engineer is the contract administrator and not a supervisor of the work. The contractor shall perform all work to the engineer’s satisfaction but shall maintain complete responsibility for the work. The engineer will decide all questions that may ar ise regarding:
1.Material quality and acceptability;
2.work performed;
3.the manner of performance;
4.the rate of progress of the work;
5.the interpretation of the plans and specifications;
6.the acceptable fulfillment of the contract;
7.disputes and mutual rights between contractors; and
8.compensation.
B.At the preconstruction meeting, the engineer will explain the chain of authority.
C.The engineer has the authority to suspend the work, wholly or in part, due to the contractor’s failure to:
1.Correct conditions that are unsafe for the general public;
2.carry out contract provisions; or,
3.carry out the engineer’s directions.
D.The engineer has the authority to suspend work for periods of time the engineer decides are necessary due to conditions unsuitable for prosecuting the work or for any other condition or reason the engineer decides is in the public interest.
E.The engineer or the inspector working under the engineer’s authority may issue a written stop work order to the contractor. The order will provide the reason for the work stoppage. The engineer or the inspector working under the engineer’s authority wil l give the stop work order directly to the contractor's representative in charge on the project site or will send an electronic copy to a responsible party in the contractor’s organization. Once the stop work order is delivered, the inspector will immediat ely leave the job site. The Department will not pay for, and may not accept, work performed by the contractor during the inspector’s absence.
F.The engineer's authority to impose any available contract sanction will not relieve the contractor of responsibility for the project, the performance of the work, and the safety of workers and the general public. The contractor holds the Department harm less pursuant to Section 107.10 , Responsibility for Damage Claims, for any violation, breach, or omission of this contract provision. RESPONSIBILITIES OF THE DEPARTMENT; INTERPRETATION SECTION 105 OF THE CONTRACT DOCUMENTS; MAINTENANCE DURING CONSTRUCTION; CLAIMS; PROJECT ACCEPTANCE 31 105.2 Authority and Duties of Inspectors.
A.Inspectors acting under the engineer’s authority are contract administrators and not supervisors of the work. Inspectors employed by, or designated by, the Department are authorized to inspect the contractor’s work and materials. Inspection includes all or any part of the work and the preparation, fabrication, or manufacture of materials. The inspector is not authorized to revoke, alter, or waive any requirements of the contract. The inspector may call the attention of the contractor to work or materials that do not to conform to the contract. The inspector has the authority to reject materials or suspend the work until any questions at issue are referred to the engineer for decisions. Inspection does not relieve the contractor of its obligation to perfor m the work in accordance with the contract.
B.The inspector has no authority to interfere with the contractor’s management of its work. Do not interpret the advice an inspector may offer as binding on the engineer or interpreted as releasing the contractor from fulfilling the terms of the contract. 105.3 Inspection of the Work.
A.Allow access to inspect the work at any time. Provide any information and assistance required to conduct inspections. Inspection may include any facility that produces material provided under these specifications. The engineer’s failure, for any reason, to discover defective work or materials during facility inspections does not affect the engineer’s authority to reject materials or work at any time before final acceptance. The engineer is not responsible for losses the contractor may incur due to remova l or repair of defects the engineer discovers.
B.Remove finished work, for inspection of work obscured by the finished work, or uncover finished work for inspection when directed at any time before final acceptance. After the engineer examines the exposed work, restore the inspected area to the contra ct requirements. If the exposed work is acceptable to the engineer, the Department will pay the cost of uncovering and restoring the area as extra work. If the exposed work is unacceptable to the engineer, the contractor shall bear the cost to uncover, rem ove work, inspect the exposed work, and restore the area to the contract requirements.
C.The Department may order any work the contractor performs, or materials the contractor places, without inspection by the Department representative, removed and replaced at the contractor's expense.
D.When any unit of government or political subdivision, utility company, or any railroad corporation pays a portion of the cost of the work performed on this contract, the respective representatives have the right to inspect the work. These inspections sh all not make any unit of government or political subdivision, utility company, or any railroad corporation a party to this contract, and shall in no way interfere with the rights of either the Department or the contractor. 105.4 Plans, Shop Drawings, and Working Drawings.
A.The Department will provide plans with the bid proposal of sufficient detail to convey a comprehensive understanding of the work specified. Keep one copy of the plans and the bid proposal at the project site at all times. Provide shop drawings and worki ng drawings as required by the contract. Unless waived in writing by the engineer, provide shop drawings and working drawings signed and sealed by a professional engineer registered in the State of Delaware. RESPONSIBILITIES OF THE DEPARTMENT; INTERPRETATION SECTION 105 OF THE CONTRACT DOCUMENTS; MAINTENANCE DURING CONSTRUCTION; CLAIMS; PROJECT ACCEPTANCE 32 Identify shop drawing and working drawing submittals by the contract number. Identify items or component materials by the specific pay item number and specification reference in the contract.
B.Do not incorporate any changes from the requirements of the contract in the shop drawings unless the changes are specifically denoted, together with justification, and approved in writing by the engineer.
C.The contractor is responsible for preparing shop drawings and working drawings. The Department will accept drawings submitted directly by the supplier or the contractor's representative as long as the contractor was notified and has authorized the submi ssion.
D.Show details, dimensions, sizes of units, and other information necessary for fabrication and erection of metal work on metal structure shop drawings.
E.Provide details on working drawings required for performance of the work. Include plans for falsework, bracing, sheeting, shoring, cofferdams, formwork, masonry layout diagrams, bending diagrams for reinforcing steel, and any others specified in the con tract.
F.Submit copies of manufacturer’s catalog cuts, drawings, wiring diagrams, and other relevant documents with working drawings for electrical and mechanical equipment. After the Department has reviewed all items of a particular system, prepare an instructi on book for the particular system. Fasten and bind the items listed below in a leather or heavy plastic cover book with a title clearly shown. Provide five copies of the book to the engineer before primary inspection . Make the books available when connecti ng and energizing electrical and mechanical systems. Ensure that the final bound copies reflect changes or adjustments made during the work. Include the following in the instruction book:
1.An equipment list.
2.A complete description of the equipment.
3.The sequence of operation including inter -locking and protective features.
4.The use of by -pass switches.
5.A detailed description of all wiring circuits.
6.A recommended spare parts list.
7.Renewal parts bulletins.
8.Instruction bulletins for the provided equipment.
9.Diagrams and drawings of reduced size suitable for binding.
10.An index listing all items.
G.Submit electronic copies of working drawings to the engineer, unless otherwise stated at the preconstruction meeting. Should questions arise as to the proper procedure for submitting working drawings, obtain clarification from the engineer. The engineer will return drawings stamped as one of the following:
1."Returned for Resubmission." Drawings returned with this stamp require revisions or corrections and resubmission for review. RESPONSIBILITIES OF THE DEPARTMENT; INTERPRETATION SECTION 105 OF THE CONTRACT DOCUMENTS; MAINTENANCE DURING CONSTRUCTION; CLAIMS; PROJECT ACCEPTANCE 33 2. "Reviewed for General Conformity with Plans and Specifications." Drawings returned with this stamp may contain comments from the Department. If the Department and the contractor agree on the comments, incorporate the comments in the drawings and the Dep artment will not require resubmission. If the Department and the contractor do not agree on the comments, provide the reasons for disagreement in writing and submit the response to the Department within 10 working days after receipt of the Department’s com ments.
H.The Department does not review every detail of every working drawing or other submittal the contractor submits. The Department accepts no responsibility for the completeness or accuracy of approved submittals or the failure of approved submittals to con form to the contract requirements.
I.The Department will return reviewed working drawings, submittals, or resubmittals to the contractor within 21 -days from the date the Department received the documents. If the contract requires review by a railroad, the U.S. Coast Guard, municipality, or other entity specified in the contract, the Department will return the reviewed documents 60 -days from the date the Department received the documents. The contractor is not entitled to additional compensation, if the Department does not return working dra wings, submittals, or resubmittals by the specified time. The Department will consider a contract time extension, in accordance with Section 108.7, Extensions of Contract Time, in the event that the Department does not return the documents within the required time period. 105.5 Conformity with the Plans and Specifications.
A.Perform all work in accordance with the lines, grades, cross -section, dimensions, and material requirements, including tolerances, shown in the contract. If the contract does not provide a tolerance, then perform the work in reasonably close conformance to the lines, grades, cross - section, dimensions, and material requirements shown in the contract.
B.If the engineer finds that the materials or the finished product are not in accordance with the contract, but that the contractor produced otherwise acceptable work, the engineer will make a determination about accepting all the work and allowing the wo rk to remain in place. In this event, the engineer will document the basis of acceptance that may provide for an appropriate adjustment in the contract price for such work or materials.
C.In the event the engineer finds the material, or the finished product, or the work performed is not in accordance with the contract, and the result is an inferior or unsatisfactory product, remove and replace or otherwise correct the work or materials a t no cost to the Department. If the contract contains provisions for the acceptance of materials or work not in full compliance with the minimum requirements stated, the Department will adjust the contractor’s compensation based on those provisions. 105.6 Coordination of the Contract Documents.
A.Each individual contract document is an essential part of the contract and a requirement occurring in one is binding as though occurring in all. The contract documents are complementary and describe and provide for a complete contract. In the case of a conflict between the contract documents, the order of precedence is as follows:
1.General Description RESPONSIBILITIES OF THE DEPARTMENT; INTERPRETATION SECTION 105 OF THE CONTRACT DOCUMENTS; MAINTENANCE DURING CONSTRUCTION; CLAIMS; PROJECT ACCEPTANCE 34 2. General Notices
3.Plans
4.Special Provisions
5.Standard Construction Details
6.Standard Specifications
7.Electronic Design Data Files
B.Do not take advantage of any apparent error or omission in the contract. Upon discovery of an error or omission, promptly notify the engineer. The engineer will make corrections and interpretations as necessary to fulfill the intent of the contract.
C.Plan dimensions take precedence over scaled measurements.
D.Prior to performing the associated work, issue a written Request For Information (RFI) if any questions arise during the project, if interference or conflict is caused by the design, or if errors and omissions exist in the contract. The engineer will re spond to each RFI in writing clearly indicating any applicable design revisions.
E.Upon identification of a deviation from the specified sampling or testing procedures or contract by the contractor, inspector, or any representative thereof, submit for approval a written non - conformance report (NCR), including its associated corrective actions and plans on how to prevent future non -conformance events, covering such deviation. Include in the NCR, a description of construction activity and the location by specification.
F.The Department will require 3 working days from receipt of the written notice to review and respond to an RFI. The Department will respond by answering the RFI question or by informing the contractor that the Department will need additional time to revi ew the RFI question. 105.7 Contractor’s Supervision.
A.Provide organizational resources, including supervision, management, and engineering services to assure contract performance.
B.Provide a competent superintendent or supervisor who is:
1.An employee of the firm;
2.has full authority to direct performance of the work;
3.has authority over all construction operations;
4.is capable of reading and understanding the contract; and
5.is experienced in the type of work the superintendent or supervisor will oversee.
C.Ensure that a superintendent or supervisor is present on site at all times during contract work . The superintendent or supervisor is the point of contact for the engineer, is authorized to act for the contractor, and is authorized to execute the engineer’s directions. 105.8 Cooperation Between Contractors . RESPONSIBILITIES OF THE DEPARTMENT; INTERPRETATION SECTION 105 OF THE CONTRACT DOCUMENTS; MAINTENANCE DURING CONSTRUCTION; CLAIMS; PROJECT ACCEPTANCE 35 A. The Department reserves the right to contract for and perform work on or near the limits of construction covered by the contract.
B.Separate contractors performing work on the same project shall coordinate the work and cooperate with each other. The engineer will make decisions in the event of disputes between the contractors. When the Department lets separate contracts within the l imits of any one project, each contractor shall perform its work without interfering with, or hindering the progress of, the work by other contractors.
C.Each contractor on the project site shall assume liability, financial or otherwise, in connection with its respective contract covering its respective work area. Protect and save harmless the Department from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced due to the presence and operations of other contractors working within the limits of construction of the same project.
D.Coordinate and sequence the work with other contractors. Arrange, place, and dispose of materials without interfering with the operations of other contractors on the same project. 105.9 Utilities within the Project Limits; Miss Utility One -Calls.
A.The Department alerts the bidders that the successful contractor may encounter utilities within the limits of the work under this contract. The locations of utilities shown in the contract are approximate and are for information only.
B.Prior to advertisement, the Department will notify all utility companies, pipeline owners, railroads, or other parties known to have facilities within the LOC. The Department will make every effort to have all necessary utility relocations within or adj acent to the LOC made as soon as practicable. Do not proceed with the work before consulting with the engineer, the utility companies, and municipal or county authorities in an effort to secure the most accurate and most recent information regarding utilit y locations. As required by Chapter 8, Title 26 of the Delaware Code, do not begin construction in close proximity to utilities without notifying the Utilities Service Protection Center of Delmarva, Inc., commonly referred to as “Miss Utility,” at least 2 working days, but not more than 10 working days, in advance of starting the work. Miss Utility is a report center system that enables the public, contractors, utilities, and other excavators to notify participating member utilities of planned digging activ ities by making one call.
C.Owners of utility facilities within the LOC, that require relocating or altering to perform the contract work, are responsible for moving utilities at the utility owner’s cost, except as otherwise provided in the contract. If traffic control is in place for the Department’s project, allow the utility contractors performing the work during the contract period to work within the maintenance of traffic (MOT) devices. The respective utility contractors are responsible for the safety of their personnel and fo r their own construction area while working within the LOC. If a traffic control system is not in place for the Department’s project, utility contractors performing work within the traffic zone shall provide their own MOT devices at their own expense, incl uding flaggers if required. The engineer reserves the right to direct the contractor to provide MOT devices for utility contractors working within the traffic zone. If the engineer requires the contractor to provide MOT devices for other contractors, the e ngineer will pay for the work under the contract unit prices. If the contract does not have unit prices for MOT devices required by the engineer, the engineer will negotiate prices for the work or follow the force account procedure for RESPONSIBILITIES OF THE DEPARTMENT; INTERPRETATION SECTION 105 OF THE CONTRACT DOCUMENTS; MAINTENANCE DURING CONSTRUCTION; CLAIMS; PROJECT ACCEPTANCE 36 reimbursement. If the contractor provides MOT at the request of a utility company, the engineer will not make payments under the contract. The utility company will pay the contractor. The engineer will not pay for relocating or rearranging existing utiliti es solely for contractor convenience.
D.The Department will require that utility companies remove excess excavation material from utility trenching performed by the utility companies, unless the engineer directs the contractor to use the material as part of the project.
E.The Department will not allow compensation for delays, inconvenience, or damage due to interference from, or the operation of moving, existing utilities. The Department may consider a contract time extension under these circumstances.
F.The contractor may experience relocation of existing utilities that conflict with proposed construction, construction of new utilities, or reconstruction of existing utilities occurring simultaneously with the contractor’s work under the contract.
G.Immediately notify utility owners and arrange for repair of damage to existing utilities caused by the contractor’s operations. The contractor shall bear all costs related to the repairs.
H.Comply with 16 Del. C. Chapter 74B known and cited as the “Overhead High -Voltage Line Safety Act.” Maintain a distance of at least 10 feet or more, as determined by the operating utility, from any high voltage overhead line.
105.10 Construction Stakes, Lines, and Grades Provided by the Department.
A.The engineer will provide and set control points and construction stakes unless otherwise specified in the contract.
B.The engineer will set construction stakes establishing right -of-way, limits of construction, and easement lines, cross slopes, profile grades, centerlines or off -set lines, and benchmarks. The Department may provide the contractor with information relat ing to the lines, slopes, and grades. The engineer will establish structure working points, elevations, and all the necessary points and off-sets to complete the structure. Use the Department stakes and marks as field control for establishing other necessa ry controls and performing the work. Before beginning work, ensure understanding of all Department layout information.
C.The engineer will also perform preliminary and final cross -sections of borrow pit sites and cross - sections for bedrock and undercut excavation.
D.Protect Department stakes and marks. The Department will deduct the cost to replace disturbed or destroyed stakes and marks from monies due or to become due to the contractor.
E.The Department is responsible for the accuracy of lines, slopes, grades, and other engineering work set forth under this section. Provide the Department with 10 calendar days of notice before beginning work that requires staking. Once work has begun, pr ovide the Department notice at least 2 business days before needing stakes. The Department will not accept responsibility for staking delays if the contractor fails to provide the required notices.
105.11 Removal of Defective and Unauthorized Work.
Source: Delaware Standard Specifications for Road and Bridge Construction, 2025 Edition. Pages 39–46 of 779.