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.
RESPONSIBILITIES OF THE DEPARTMENT; INTERPRETATION SECTION 105 OF THE CONTRACT DOCUMENTS; MAINTENANCE DURING CONSTRUCTION; CLAIMS; PROJECT ACCEPTANCE 39 A. The engineer may order opening of certain sections of the work to traffic or other use before the contractor completes the work or before the engineer accepts the work. The Department will not consider opening sections of the work as constituting accept ance 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 cont ractor 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.
B.If the contractor desires to open a section of roadway to traffic, obtain the engineer’s approval and have traffic control devices in place and functioning before opening.
C.Opening a section of the work to traffic or other use does not solely determine substantial completion.
105.15 Claims Resolution .
A.General .
1.A claim is a written demand by the contractor seeking:
a.The payment of money .
b.A contract time extension .
c.Other relief, including the modification of the contract terms .
2.The contractor and the Department will resolve all contract changes arising under or related to 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 .
3.The engineer will respond to the contractor within 10 days of receipt of the contractor’s notice 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 proced ures established in this section for unresolved issues .
4.Except as provided for in Section 7 and below, for all claims arising under, or related to, the 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 ex tension of contract time, or other relief for its claim.
5.Continue the work, including the work associated with the claim, while the parties complete the procedures established in this section.
Source: Delaware Standard Specifications for Road and Bridge Construction, 2025 Edition. Pages 48–49 of 779.