105RESPONSIBILITIES OF THE DEPARTMENT; INTERPRETATION OF THE CONTRACT DOCUMENTS; MAINTENANCE DURING CONSTRUCTION; CLAIMS; PROJECT ACCEPTANCE

CONTRACT DOCUMENTS; MAINTENANCE DURING CONSTRUCTION; CLAIMS; PROJECT ACCEPTANCE

105.1Authority of the engineer.

perform all work to the engineer’s satisfaction but shall maintain complete responsibility for the work. The engineer will decide all questions that may arise regarding:

failure to:

necessary due to conditions unsuitable for prosecuting the work or for any other condition or reason the engineer decides is in the public interest.

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 will 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 immediately leave the job site. The Department will not pay for, and may not accept, work performed by the contractor during the inspector’s absence.

of responsibility for the project, the performance of the work, and the safety of workers and the general public. The contractor holds the Department harmless pursuant to Section 107.10, Responsibility for Damage Claims, for any violation, breach, or omission of this contract provision.

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105.2Authority and Duties of Inspectors.

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 perform the work in accordance with the contract.

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.

105.3Inspection of the Work.

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 removal or repair of defects the engineer discovers.

work for inspection when directed at any time before final acceptance. After the engineer examines the exposed work, restore the inspected area to the contract 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, remove work, inspect the exposed work, and restore the area to the contract requirements.

without inspection by the Department representative, removed and replaced at the contractor's expense.

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 shall 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.

105.4Plans, Shop Drawings, and Working Drawings.

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 working 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.

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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.

unless the changes are specifically denoted, together with justification, and approved in writing by the engineer.

will accept drawings submitted directly by the supplier or the contractor's representative as long as the contractor was notified and has authorized the submission.

erection of metal work on metal structure shop drawings.

falsework, bracing, sheeting, shoring, cofferdams, formwork, masonry layout diagrams, bending diagrams for reinforcing steel, and any others specified in the contract.

documents with working drawings for electrical and mechanical equipment. After the Department has reviewed all items of a particular system, prepare an instruction 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 connecting 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:

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:

corrections and resubmission for review.

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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 Department 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 comments.

contractor submits. The Department accepts no responsibility for the completeness or accuracy of approved submittals or the failure of approved submittals to conform to the contract requirements.

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 drawings, 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.

105.5Conformity with the Plans and Specifications.

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.

contract, but that the contractor produced otherwise acceptable work, the engineer will make a determination about accepting all the work and allowing the work 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.

in accordance with the contract, and the result is an inferior or unsatisfactory product, remove and replace or otherwise correct the work or materials at 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.

105.6Coordination of the Contract Documents.

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:

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error or omission, promptly notify the engineer. The engineer will make corrections and interpretations as necessary to fulfill the intent of the contract.

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 respond to each RFI in writing clearly indicating any applicable design revisions.

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.

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 review the RFI question.

105.7Contractor’s Supervision.

assure contract performance.

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.

105.8Cooperation Between Contractors.

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construction covered by the contract.

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 limits of any one project, each contractor shall perform its work without interfering with, or hindering the progress of, the work by other contractors.

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.

materials without interfering with the operations of other contractors on the same project.

105.9Utilities within the Project Limits; Miss Utility One-Calls.

the limits of the work under this contract. The locations of utilities shown in the contract are approximate and are for information only.

or other parties known to have facilities within the LOC. The Department will make every effort to have all necessary utility relocations within or adjacent 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 utility 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 activities by making one call.

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 for 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, including 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 engineer 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

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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 utilities solely for contractor convenience.

trenching performed by the utility companies, unless the engineer directs the contractor to use the material as part of the project.

interference from, or the operation of moving, existing utilities. The Department may consider a contract time extension under these circumstances.

construction, construction of new utilities, or reconstruction of existing utilities occurring simultaneously with the contractor’s work under the contract.

the contractor’s operations. The contractor shall bear all costs related to the repairs.

Act.” Maintain a distance of at least 10 feet or more, as determined by the operating utility, from any high voltage overhead line.

105.10Construction Stakes, Lines, and Grades Provided by the Department

specified in the contract.

easement lines, cross slopes, profile grades, centerlines or off-set lines, and benchmarks. The Department may provide the contractor with information relating 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 necessary controls and performing the work. Before beginning work, ensure understanding of all Department layout information.

sections for bedrock and undercut excavation.

or destroyed stakes and marks from monies due or to become due to the contractor.

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, provide 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.

105.11Removal of Defective and Unauthorized Work

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to the Department. The engineer will consider any work that does not meet the requirements of the contract as defective and unacceptable.

and replacement. The corrective action will not waive any penalty or warranty owed to the Department from the original unacceptable work. The Department will not make any additional payment for corrective actions undertaken by the contractor at the direction of the engineer due to defective or unacceptable work.

the lines and grades shown on the plans, or any extra work performed without written direction from the engineer as unauthorized work. The Department will not measure or pay for unauthorized extra work. The engineer may direct the contractor to remove and replace unauthorized work at the contractor’s expense.

extent of the rejected work. The engineer has the authority to have unacceptable work corrected, removed, or replaced and will deduct the costs incurred from money due the contractor.

105.12Load Restrictions

public roads. A hauling permit or other special permit will not relieve the contractor of liability for damage to public or private property that results from the movement of materials or equipment.

the gross vehicle weight (GVW) or licensed weight, if less, as specified in the Delaware code. The Department will not issue materials inspection weigh tickets for GVWs in excess of the allowable maximum. Ensure that the allowable GVW for each delivery truck is on each material ticket submitted to the engineer.

the truck tare weight. The contractor may establish an average tare weight on a basis approved by the engineer so that empty weighing is not necessary before every load. The Department will not pay for excess material weight. Notify subcontractors, vendors, and suppliers of this requirement.

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Table 105.12-1. Customary Values Single Unit Values GVW, Maximum 2-axle vehicle (e.g., 2-axle dump truck) 40,000 lb. 3-axle vehicle (e.g., 3-axle dump truck) 65,000 lb. *70,000 lb. 4-axle vehicle (e.g., 4-axle dump truck) 73,280 lb. Tractor-Semi-Trailer Combinations 3-axle combination unit 60,000 lb. 4-axle combination unit 70,000 lb. 5-axle combination unit 80,000 lb. *Indicates when an extra weight fee has been paid and is so noted on the registration card.

occurs inside or outside the project limits.

105.13Maintenance During Construction

acceptable condition until project acceptance. The Department will perform snow removal unless the contract specifically assigns this responsibility to the contractor. The Department will mow the grass outside the LOC.

contractor fails to remedy unsatisfactory maintenance within 24 hours after receiving the engineer’s notice, the engineer may proceed to maintain the project. The Department will deduct the maintenance cost from monies due or to become due to the contractor.

pavement or structure, maintain the previously constructed work during construction operations.

inspection punch list in the proposal. The engineer will pay the cost of maintenance work occurring after completion of the primary inspection punch list.

traffic, protect and maintain the roadway and structures, and provide ingress and egress for residents during the suspension. Perform these functions until the engineer lifts the suspension or until the Department declares the contract in default.

with Section 104.12, Final Cleaning of Project Site; Maintenance and Cleanup of Staging Areas. If the engineer directs mowing more than 4 times in a calendar year, the Department will pay for mowing costs beyond the fourth mowing operation.

105.14Opening Sections of the Project to Traffic

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contractor completes the work or before the engineer accepts the work. The Department will not consider opening sections of the work as constituting acceptance of the work or a waiver of any contract provisions. The engineer will pay the cost of repairing damage to the work caused by opening work to vehicular traffic unless opening the roadway is due to the fault, or inactivity of, the contractor or the contractor caused the damage. All other maintenance costs including, but not limited to, mowing grass and general cleanup are the contractor’s responsibility until completion of the primary inspection punch list to the Department’s satisfaction. Maintenance costs for work involving landscaping and vegetative growth are the contractor’s responsibility until final acceptance.

and have traffic control devices in place and functioning before opening.

completion.

105.15Claims Resolution

the contract that the contractor and the Department do not resolve through the process set forth in Section 104.3, Notification of Contract Changes, using the process described in this section. Notify the engineer of the intent to file a claim within 10 days from the engineer’s final response in accordance with Section 104.3, Notification of Contract Changes.

of intent to file a claim. In this response, the engineer will acknowledge receipt of the notice. In addition, if the engineer’s position regarding the issue raised in the notice has changed since the engineer’s response to the same issue at the conclusion of the process set forth in Section 104.3, Notification of Contract Changes, the engineer will describe how its position has changed. Follow all the procedures established in this section for unresolved issues.

contract, the contractor must complete every step in the procedures established in this section, including, but not limited to the timeframes and compliance with Section 104.3, Notification of Contract Changes. If the contractor fails to complete every step in the procedures established in this section and Section 104.3, Notification of Contract Changes, the contractor waives entitlement to compensation, an extension of contract time, or other relief for its claim.

procedures established in this section.

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Notification of Contract Changes, may be waived by the Department if the increase in the contract price is under $50,000. Such written request must be made prior to filing a claim pursuant to Section 105.15, Claims Resolution. Any waiver requests made after the deadline to file a claim under Section 105.15, Claims Resolution, will not be considered by the Department. For the avoidance of doubt, only the requirements of Section 104.3, Notification of Contract Changes, may be waived and a contractor cannot cure any other deficiency in the requirements under this section by requesting a waiver.

Department may extend the contractor’s timeframes specified in this section. The Department may extend any timeframe that applies to the Department for any reason upon written notice to the contractor.

money, a contract time extension, or other relief being sought.

conditions are established:

through the notification and resolution process required by Section 104.3, Notification of Contract Changes.

contractor reviewed the subcontractor’s claim and verified that the claim was fully documented and supported in accordance with the claim certification requirements of Section

subcontractor’s certified claim.

to the subcontractor.

or modifications to that subcontract, and all fully executed releases or waivers with the contractor.

waives entitlement to compensation, an extension of contract time, or other relief from the Department for the subcontractor’s claim.

directly with the Department that the contractor refuses to certify.

the Department will determine the compensation or the time due the contractor in accordance with Sections 109.4, Compensation for Changes, and 108.8, Failure to Complete on Time, respectively.

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affected work or within 15 calendar days of completing the process set forth in Section 104.3, Notification of Contract Changes, whichever is later.

104.3, Notification of Contract Changes, a contractor must notify the engineer orally and in writing of the intent to file a claim within 15 calendar days of completing the affected work, or within 15 calendar days of the Section 104.3, Notification and Contract Changes, waiver being granted, whichever is sooner.

the contractor and the Department must complete the notification and resolution process required by Section 104.3, Notification of Contract Changes. If the contractor does not comply with the process in accordance with Section 104.3, Notification and Contract Changes, and does not request a waiver of the Section 104.3, Notification of Contract Changes process prior to completing the affected work, the contractor waives its entitlement to compensation, an extension of the contract time, or other relief for the issue.

Contract Changes, and has not completed the resolution process set forth in Section 104.3, Notification of Contract Changes, the Department has the right to evaluate the contractor’s intent to file a claim in accordance with the requirements and processes set forth in Sections 104.2, Contract Changes, and 104.3, Notification of Contract Changes, including the notification requirements of those provisions.

intent in accordance with Section 104.3, Notification of Contract Changes, the contractor waives its entitlement to compensation, an extension of the contract time, or other relief for the issue.

constitutes a change to the contract.

and circumstances that form the basis of the contractor’s claim.

contractor seeks compensation, an extension of the contract time, or other relief.

forth in this section, the Contractor waives entitlement to compensation, a contract time extension, or other relief for the claim.

or a contract time extension.

which the contractor is seeking compensation or a contract time extension.

engineer with the proper facilities for keeping account of the costs or delays the contractor

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incurs, the contractor waives entitlement to compensation, a contract time extension, or other relief sought by the claim.

does not establish the contractor’s entitlement to the compensation, extension of contract time, or other relief sought by the claim.

contract time extension contrary to the terms of Sections 104.2, Contract Changes, 104.3, Notification of Contract Changes, 108.7, Extensions of Contract Time, 109.4, Compensation for Changes, or other contract provisions.

completing the work described in the notice of intent to file a claim.

dispute and its effect on the work. ii. A description of the nature and basis for the claim. iii. The facts the contractor relies on to support the claim. iv. The reasons why the contractor believes it is entitled to relief.

compensation, a contract time extension, or other relief. vi. The compensation, contract time extension, or nature and extent of other relief the contractor believes it is entitled to. vii. Progress schedules and a schedule analysis prepared in accordance with Section 108.7, Extensions of Contract Time, when requesting a time extension. viii. When requesting compensation for acceleration, documentation and an analysis establishing that the contractor accelerated the work to mitigate a delay for which the contractor would otherwise be entitled to a time extension and establishing that this acceleration resulted in a time savings. ix. Documentation verifying the compensation the contractor seeks. Provide documentation in accordance with Section 109.4, Compensation for Changes.

records prepared by the contractor. xi. Meeting minutes, correspondence, photographs, and other documentation that support the claim. xii. Other information that supports the claim.

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above:

ii. Insurance policies, welfare and benefit records, and other records that document the actual benefits paid to, or on behalf of, the contractor’s labor that the contractor has not already provided to the Department. iii. Payroll registers. iv. Job payroll ledger and individual employee earnings records.

vi. Material invoices, purchase orders, and material and supply contracts or purchase orders. vii. Material cost distribution worksheets. viii. Equipment records, including a list of contractor-owned or rented equipment, rates, daily equipment reports or logs, fueling logs or records, and equipment lease or purchase agreements. ix. Proof of purchase price and depreciation records on company equipment for which the contractor is seeking compensation.

xi. Subcontractor invoices. xii. Subcontracts. xiii. Subcontractor payment certificates. xiv. Canceled checks or other proof of payment. xv. Initial, final, and monthly job cost reports. xvi. Earnings reports and other related or similar reports. xvii. General ledger, general journal, and all subsidiary ledgers and journals together with all supporting documentation pertinent to entries made in these ledgers and journals. xviii. Cash disbursements journal. xix. Financial statements for all years from the bid opening date through the claim certification date. xx. Income tax returns for the year of the proposal due date through the claim certification date. xxi. All documents that show the contractor’s actual profit and overhead for 5 years preceding the year of the proposal due date through the claim certification date. xxii. All documents and calculations related to the contractor’s proposal preparation, including the final calculations the contractor based the bid on. xxiii. Electronic spreadsheets and workbooks in the native format the contractor used to prepare the claim submittal and calculate the claimed costs.

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xxiv. Other information requested by the Department.

.C.2. The engineer will review the contractor’s written request and respond in writing in

calendar days.

engineer.

requested by the Department. Provide schedules as P6 .XER files, spreadsheets as Excel.xlxs or .xls files, and narratives as Microsoft Word files.

documentation upon the contractor’s submission of a written request to the engineer.

conduct an audit of the contractor’s records in accordance with Section 107, Legal Relations and Responsibility to the Public. The Department’s decision to conduct an audit does not reduce the documentation requirements of a written claim.

The undersigned is duly authorized to certify this claim on behalf of (the contractor). (The contractor) certifies that this claim is made in good faith, that the supporting data are accurate and complete to the best of the contractor’s knowledge and belief, and that the amount requested accurately reflects the compensation, extension of contract time, or other relief for which (the contractor) believes that the Department is responsible. (THE CONTRACTOR) By: _______________________________________

Date of Execution: ____________________________

information, documentation, schedules, analyses, and certification listed above, the contractor waives its entitlement to compensation, an extension of contract time, or other relief for the claim.

the compensation allowed by Section 109.4, Compensation for Changes, and the time extension allowed by Section 108.7, Extensions of Contract Time.

submittal to confirm that the submittal is complete and certified as required by Section

.C, Claim Submittal

within 10 days of engineer’s receipt of the claim submittal, the engineer will notify that

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contractor in writing of the deficiencies in the submittal. Until the contractor remedies the deficiencies identified by the engineer, the Department will take no further action on the contractor’s claim. If the contactor does not correct the deficiencies within 30 days of the engineer’s written notice of deficiencies, the claim is considered to be withdrawn and the contractor has waived entitlement to compensation, an extension to the contract time, or other relief that was sought by the claim.

submission, the engineer has 2 options:

engineer received the contractor’s notice of intent to file a claim, the engineer will notify the contractor in writing and schedule a meeting with the contractor to negotiate and resolve the claim.

contractor in writing that the engineer’s position regarding the claim is unchanged.

engineer has offered this option.

response to the claim and appeal the claim to the District Engineer.

written response.

claim completed and properly certified claim submission if it is appealed timely.

Engineer will meet with the contractor to present the results of the District’s evaluation. The District and the contractor will attempt to reach agreement during the meeting and resolve all or part of the claim.

issue a written decision regarding that portion of the claim that was not resolved within 15 calendar days of the meeting. The District’s written decision will include the amount of money or time, if any, that the District concludes the contractor is due, and the reasons why the contractor is not entitled to the full amount of time or money claimed.

additional time to review the claim and to prepare the written decision.

may engage in non-binding alternate dispute resolution such as mediation to facilitate resolution of the appeal.

instead of, the District meeting with the contractor.

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District Engineer will issue a written decision regarding the unresolved portion of the claim within 15 calendar days after the meeting, or the non-binding dispute resolution effort, whichever is completed later.

completion of the District’s review, the contractor may appeal the District’s decision to the Department’s Claims Committee.

completion of the District’s review, the contractor may appeal the District’s decision to the Secretary for the Secretary’s Decision as set forth in Section 105.15.G, Secretary’s Decision.

10 calendar days of the date of the District’s decision.

appeal the District’s decision regarding the claim. The contractor’s entitlement to compensation, a contract time extension, or other relief is limited to the amounts set forth in the District Engineer’s written decision regarding the claim.

committee’s legal counsel to act as a Referee to hold a pre-meeting conference at least 5 business days before the claims review meeting to expedite the meeting of the case by:

ii. Advising both the Department and the contractor of the time limits set for the claims review meeting by the claims committee. Each side will be allocated an equal portion of time to present its case and each side may not exceed the time allotted without the express permission of the Claims Committee; iii. Resolving any preliminary or procedural matters; and iv. Pre-marking for identification and admission into evidence all exhibits.

to continue the hearing.

proposed exhibits and witness lists with copies to the Referee, in electronic form.

Department’s exhibits should be clearly marked in a lettered sequence (A, B, C…)

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Referee will make written recommendations to the Chair for review and approval. Approved recommendations will be incorporated into a Pre-Meeting Order signed by the Chair. The Claims Committee may decide any preliminary or procedural matters at the beginning of the claims review meeting or reserve ruling until after the hearing has been completed.

contractor and the District.

The Department will post such procedures on the Department’s website and provided to the contractor after a notice of intent to file a claim is provided. These rules and procedures may be updated from time to time and updates will be posted on the Department’s website and provided to any contractor who timely files a claim pursuant to this section.

the District receives the contractor's appeal notice.

additional time is needed before conducting the claim review meeting.

Review meeting equally.

reporter.

claims, appeals, decisions, and documentation submitted in this process.

preliminary written decision. The Claims Committee’s preliminary written decision will include the money, time, or other relief, if any, that the Claims Committee concludes the contractor is due, and the reasons why the contractor is not entitled to the full amount of money, time, or other relief claimed.

needs additional time to review the claim or prepare the committee’s preliminary written decision.

District have a period of 15 calendar days to attempt a negotiated resolution to the claim. If after 15 calendar days the parties have not negotiated a resolution to the claim, the Claims Committee will issue its final written decision. The District may extend this 15-day period at its sole discretion.

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after receiving the Claims Committee’s final written decision.

to appeal. The contractor’s entitlement to compensation, an extension of contract time, or other relief is limited to the amounts set forth in the Claims Committee’s written claim decision.

written appeal notice that notice was received.

obligations associated with Section 105.15.G, Secretary’s Decision.

discuss the claim.

with the contractor to present the results of the Secretary’s claim evaluation. The Secretary and the contractor may attempt to reach agreement during the meeting and resolve all or part of the claim.

will issue a written decision regarding the portion of the claim that was not resolved within 15 calendar days of the meeting. The decision will include the amount of money or time, if any, that the contractor is due, and the reasons why the contractor is not entitled to the full amount of money or time claimed.

needed to review the claim or prepare the Secretary’s written decision.

mediation.

is completed.

jointly select a mediator. 12 The contractor and the Department will share mediator costs equally.

Secretary’s meeting with the contractor.

conducted at the District level.

Arbitration proceedings shall resolve disputes between the contractor and its subcontractors and suppliers concerning payments held in trust, as required by Chapter 8, Title 17 of the Delaware

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Code. The Department will not serve as the arbiter of such disputes, but will, in the absence of agreement between the parties, designate the American Arbitration Association to resolve the matter.

105.16Partial Acceptance; Project Acceptance; Final Acceptance; and Project Closeout

engineer. The engineer may partially accept portions of the work. The Department will not consider partial acceptance as constituting acceptance of the work that has not been partially accepted or a waiver of any contract provisions. The Department will maintain the partially accepted portion of the project, including repairing damage caused by the public.

completion as defined in Section 101.3, Definitions.

will conduct an initial inspection. Following this inspection, the District will provide a written punch list, by stations and in detail, noting work or conditions requiring correction.

mutually agree to extend the time frame.

inspection from the Department.

inspection. The District will note and provide a written punch list identifying work or conditions requiring correction.

list created by the administering section, unless the parties mutually agree to extend the time frame.

provided on the primary inspection punch list, the Department will verify punch list completion within 30 days of completion of the punch list.

additional time.

assess liquidated damages in the amount of 10 percent of the value shown in Section 108.9, Schedule of Liquidated Damages, for each calendar day or working day, depending on the type of contract, counted beyond substantial completion date that exceeds the allowable contract

OF THE CONTRACT DOCUMENTS; MAINTENANCE DURING CONSTRUCTION; CLAIMS; PROJECT ACCEPTANCE

time. The engineer may extend this time as set forth in Section 108.7, Extensions of Contract Time.

defined in Section 101.3, Definitions.

within 90 calendar days.

required documents.