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: RESPONSIBILITIES OF THE DEPARTMENT; INTERPRETATION SECTION 105 OF THE CONTRACT DOCUMENTS; MAINTENANCE DURING CONSTRUCTION; CLAIMS; PROJECT ACCEPTANCE 38 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 w hen an extra weight fee has been paid and is so noted on the registration card.
E.The contractor is responsible for damage caused by hauling equipment, whether the damage occurs inside or outside the project limits.
105.13 Maintenance During Construction.
A.Maintain the work during construction every day to keep the roadway and structures in an acceptable condition until project acceptance. The Department will perform snow removal unless the contract specifically assigns this responsibility to the contract or. The Department will mow the grass outside the LOC.
B.The engineer will notify the contractor if there is a failure to comply with these provisions. If the contractor fails to remedy unsatisfactory maintenance within 24 hours after receiving the engineer’s notice, the engineer may proceed to maintain the p roject. The Department will deduct the maintenance cost from monies due or to become due to the contractor.
C.If the contract involves placement of material on a previously constructed subgrade, base course, pavement or structure, maintain the previously constructed work during construction operations.
D.Include the cost of maintenance work during construction and before completion of the primary inspection punchlist in the proposal. The engineer will pay the cost of maintenance work occurring after completion of the primary inspection punch list.
E.In the event that the engineer suspends the work for failure to comply with the contract, maintain traffic, protect and maintain the roadway and structures, and provide ingress and egress for residents during the suspension. Perform these functions unti l the engineer lifts the suspension or until the Department declares the contract in default.
F.Mow all grass and weeds within the LOC, as directed by the engineer, to a height in accordance 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.
105.14 Opening Sections of the Project to Traffic.
Source: Delaware Standard Specifications for Road and Bridge Construction, 2025 Edition. Pages 47–48 of 779.