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.
RESPONSIBILITIES OF THE DEPARTMENT; INTERPRETATION SECTION 105 OF THE CONTRACT DOCUMENTS; MAINTENANCE DURING CONSTRUCTION; CLAIMS; PROJECT ACCEPTANCE 37 A. Remove and dispose of unacceptable work immediately upon rejection by the engineer at no cost to the Department. The engineer will consider any work that does not meet the requirements of the contract as defective and unacceptable.
1.The Department may elect to permit the correction of the unacceptable work in lieu of removal 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.
2.The engineer will consider work performed without adequate layout, work performed beyond 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.
B.Failure to remove the work may result in contract termination depending on the nature and 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.
105.12 Load Restrictions.
A.Comply with all legal and contractual load restrictions for hauling materials or equipment on 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.
B.Use vehicles for transporting construction materials to Department projects that do not exceed the gross vehicle weight (GVW) or licensed weight, if less, as specified in the Delaware code. The Department will not issue materials inspection weigh ticket s 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.
C.Payment for material weight delivered to the project will not exceed the allowable GVW minus 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 ev ery load. The Department will not pay for excess material weight. Notify subcontractors, vendors, and suppliers of this requirement.
D.The maximum GVW for different vehicle axle configurations is as follows:
Source: Delaware Standard Specifications for Road and Bridge Construction, 2025 Edition. Pages 46–47 of 779.