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 46–46 of 779.