Documentation or the Affidavit constitutes a refusal to enter i nto the Contract and will result in the Bidder’s forfeiture of its Bid Guaranty. 103.5.6 Other Conditions The Apparent Successful Bidder must comply with all other conditions set forth or ref erenced in the Notice of Inten t to Award.
103.6Failure to Fulfill Award Conditions Failure of the Appa rent Successful Bidder
to fulfill all conditions of Award within the time provided or to otherwise accept Award will result in forfeiture of the Awar d to the Apparent Successful Bi dder and the forfeiture of the Bid Guaranty. Such Bidder will be prohibited from submitting a Bid for the Work in the event that the Work is re-advertised. Further, the Department may refuse to accept any Bid from the Bidder on any Project f or a period of two years from t he date of such refusal. The Department may then take any action that the Department de termines is in the best interest of the Departmen t, including Awarding the Contrac t to the responsible Bidder with the next lowest responsive Bid, rejecting all Bids, and/or re-advertising the Work.
103.7Forfeiture of Award The Department reserves the right t o stop the Award of
any Contract at any time before the Contract Execution without liability if doing so is in the best interest of the Department. Any costs incurred by the Bid der before Contract Execution shall be the sole responsibility of the Bidder.
103.8Award of Contract by Department Once the Contractor has met the
requirements of the Notice of Int ent to Award letter, the Depar tment has 14 days to execute the Contract and notify the Contr actor of the award with a writ ten Notice of Award. If a Notice of Award is not sent within 14 days, the Apparent Succes sful Bidder may withdraw its Bid without forfeiture of its Bid Guaranty or Bidding eligi bility. For a related provision, see Section 107.2 - Commencement of Contract Time.
103.9Computation and Extension of Time In the event that a t ime period provided
in this Section 103 concludes on a Holiday, Saturday, or Sunday , said time period shall be extended to the next Business Day. The Department and Apparent Successful Bidder may extend the t ime for the Award process, fulfillment of Award Conditions, or execution of the C ontract by mutual Agreement. Unless specificall y and mutually agreed to in writi ng, such extensions shall not extend the Contract Time or the Contract Completion Date.
Scope of Section This Section sets forth certain rights and r esponsibilities of the Department and the Contractor that are generally applicable to all Contracts. This Section is not all inclusive, and additional rights and responsibilities a re set forth elsewhere in the Contract.
104.1General
104.1.1 Basic Roles of the Parties The Contractor has the aut hority and responsibility to perform all Work in Conformity with the Contr act. The Department has the authority and responsibility to assure that the Contractor does so. 104.1.2 Joint Covenants of Good Faith and Fairness This Contr act imposes an obligation of good faith and fair dealing on both parties in th e execution, performance, interpretation, and enforcement of the Contract. With a positi ve commitment to honesty and integrity, the Contractor and the Department agree to do the fo llowing: function within all applicable laws, statutes, regulations, and Contract provisions ; avoid hindering each other’s performance; fulfill all Cont ract obligations diligently; and c ooperate in achievement of the terms of the Contract. Nothing in this subsection nullifies o r supersedes the express provisions of the Contract and t he Standard Specifications.
104.2Department’s General Authority and Responsibilities
104.2.1 Furnishing of Right-of-Way The Department will secure all necessary rights to real property within the Project Limits shown on the Right-o f-Way Plans that are provided with the Bid Documents . For related provisions, seeS ections 104.3.2 - Furnishing of Other Property Rights, Licenses and Permits and 105.4.5 - Sp ecial Detours. 104.2.2 Furnishing of Permits Except as provided otherwise in the Contract, the Department will furnish Permits required to perform the Work wi thin the Project Limits. For related provisions, see Sections 101.2, Definition of Permi ts, 104.3.2 - Furnishing of Other Property Rights, Licenses, and Permits and 105.8.2 - Perm it Requirements. 104.2.3 Authority of the Resident After Contract Execution, t he Resident has the authority to take all actions needed to assure that the Contrac tor is performing the Work in Conformity with the Contract. Except as provided elsewhere in the Contract, the Resident will decide all questions regarding the quality and acceptabili ty of Materials furnished, Work performed, suspension of W ork, and the interpretation of t he Contract. The Resident has the authority to reject Unacceptable or Unauthorized Work a nd refuse to approve Progress and Final Payments until the Unacceptable or Unauthori zed Work is corrected. For related provisions, see Sections 106.8 - Non-conforming Work an d 109.8 - Contract Modification. 104.2.4 Authority of Residents and Inspectors Residents, insp ectors, and other Departmental employees or representatives working for the Depar tment have the authority to make initial determinations regarding the Conformity of the Work. Unless authorized by the Program Manager, Residents or inspectors are not authorize d to alter or waive the provisions of the Contract or to i ssue instructions contrary to the Contract. They may not act as a supervisor for the Contractor. 104.2.5 Right to Inspect Work The Department has the authorit y to inspect all Materials and every detail of t he Work. For a related provisio n, see Section 104.3.5 - Duties Regarding Inspection of Work.
104.2.6 Right to Suspend Work The Department has the right to suspend any or all Work at any time for any reason. For related provisions, seeS ections 105.4.4 - Maintenance During Suspension of Work and 107.5 - Suspension of Work. 104.2.7 Damage to Project Caused by Uncontrollable Events All repairs or temporary Structures that are required because of property dama ge that is directly caused by an Uncontrollable Event may entitle the Contractor to an Equita ble Adjustment if the Contractor complies with the notification, documentation and pr ocedural requirements set forth in the Contract. Delays resulting from an Uncontrollable Event will be analyzed in accordance with Section 109.5 - Adjustments for Delay. For related provisions, see Sections 101.2 - Definition of Uncontrollable Event, 104.3.10 - Responsibility for Damage to Work, 109.3 - Extra Work, 109.5 - Adjustments for Delay, 109 .7 - Equitable Adjustments to Compensation and Time, and 109.8 - Contract Modification. 104.2.8 No Personal Liability The Department’s employees and other representatives act solely as representatives of the Department when conducting and exercising authority granted to them under the Contract. Such persons have no liability to the Contractor or any Subcontractor either personally or as Dep artment employees.
104.3Contractor’s General Authority and Responsibilities
104.3.1 General Duty to Cooperate The Contractor shall cooperate with the Departmental personnel, Utility Companies, railroad personnel, marine traffic personnel, regulating agencies with jurisdiction, other Contractors, munic ipalities, and the public in every reasonable way possible. F or a related provision, seeSe ction 104.4 - Communication and Coordination. 104.3.2 Furnishing of Other Property Rights, Licenses, and Per mits The Contractor shall acquire, at its sole expense, all property rights outside the Project Limits needed for construction staging, yarding, construction, waste disposal, or other Project-related purpose. The Contractor shall also acquire, at its sole expense, all lic enses and Permits necessary to perform the Work that are not furnished by the Department. For related provisions, see Sections 104.2.1 - Furnishing of Right-of-Way, 104.2.2 - Furnis hing of Permits, 104.3.11 - Responsibility for Property of Others, and 105.8.2(B) - Permit Requirements, All Other Permits. 104.3.3 Duty to Notify Department If Ambiguities Discovered T he Contractor shall not take advantage of any ambiguity, error, omission, conflict, or discrepancy contained in the Contract. If the Contractor discovers any such ambiguity, etc. for which the Contractor may seek adjustments to compensation, time, or other Contract r equirements, the Contractor shall provide a written notice within 48 hours and before perfo rming any Work related to the ambiguity, etc., as provided in Section 104.4.5 - Early Negotiation. Failure to provide such notice in compliance with the Contract shall constitute a waive r of all claims related to the ambiguity, etc.
104.3.4 Workers and Equipment The Contractor shall at all times provide all superintendents, forepersons, l aborers, inspectors, Subcontract ors, subconsultants, Equipment, Materials, and Incidentals needed to perform the Wor k in Conformance with the Contractor’s Schedule of Work and within the Contract Time. Any person employed by the Contr actor or by any Subcontractor or any officer or representative or agent of t he Subcontractor, who, in the opini on of the Resident, is intemperate or disorderly, shall be removed immediately by the Contractor or Subcontractor employing such person. The employee shall not be employed agai n in any portion of the Work without prior approval from the Resident. Should the Contractor fail to remove such person or persons as required above or fail to furnish suitable and sufficient personnel for the proper pro secution of the Work, the Resident may suspend the Work by written notice until such orde rs are complied with. During all hours of on-site activity, the Contractor shall pro vide an on-site, competent, English-speaking Superintendent experienced in the t ype of Work being performed. The Superintendent shall be capable of reading and u nderstanding the Plans and Specifications, providing and receiving communications, and sch eduling and coordinating the Work. The Superintendent shall have full authority to mana ge the Work in accordance with the Contract. Such superintendence must be provided regar dless of the amount of Work being done by the Contractor or any of its Subcontractors. All persons employed by or through the Contractor, except for registered trainees, shall have sufficient skill and experience to perform the Work properly. The Department may require that the Contractor discharge any such person who t he Department determines jeopardizes the safety of any person or the Project, without co st or liability to the Department. If the Department determines that such person’s pe rformance jeopardizes the intent of the Contract otherwise, the Department may, but is no t required, to notify the Contractor of such a determination. Such notice, or lack there of, does not affect the Contractor’s duties regarding workers. Upon receipt of such no tice, the Contractor shall take any action it determines necessary to fulfill its obligati ons under the Contract. For related provisions, see Sections 104.5.4 - Discharge of Subcont ractors, 105.1 - Intent of the Contract, and 105.2 Health and Safety. 104.3.5 Duties Regarding Inspection of Work
portions of the Work in Conformity with all applicable OSHA req uirements. The Contractor shall furnish the Department with all information an d assistance required to make a detailed inspection. For a related provision, see Section 10 4.2.5 - Right to Inspect Work.
railroad is to pay for a portion of the Work or is otherwise au thorized to inspect Work, then the Contractor must provide its representatives with safe access that Conforms to this Section 104.3.5.
104.3.6 Project Records Upon request by the Department, the C ontractor or any other person Working for the Cont ractor possessing Project Reco rds must provide the Department with copies of Project Records at all reasonable times without cost or liability to the Department. Unless the context clearly indicates otherwise , Project Records are the property of the Department. The Contractor must retain Project Records for at least three years after Final Acceptance or for any applicable warrantee pe riod, whichever is longer. For related provisions, see Sections 101.2 - Definition of Proj ect Records and 111.1.6 - Contractor’s Obligation to Keep Records. 104.3.7 Laws To Be Observed The Contractor shall keep itself informed of and comply with all applicable laws, rules, regulations, orders, a nd decrees (“Law”) affecting the Work, including all environmental, wage, labor, equal oppor tunity, safety, patent, copyright, or trademark laws. T he Contractor agrees to indemni fy, defend, and hold harmless the Department against any and all claims or liabilit ies arising from or based upon the violation or alleged violation of any such Law caused direc tly or indirectly by or through the Contractor. 104.3.8 Wage Rates and Labor Laws
stated otherwise by Special P rovision. The classification of c onstruction type and related wage rates by the U.S. Departm ent of Labor will be provided by Special Provision. If not provided, the Contractor must cont act the Department before Bid ding to determine the applicable wage rates in accordance with Section 102.5.2 - Bidder’s Duty to Notify Department if Ambiguities Disc overed. The Contractor must pay according to said rates and must otherwise comply with all applicable federal and State labor laws, rules, and regulations. Persons registered with the Department as trainees must be paid at least at the prevailing wage for laborer, and upon completion of their progr am, trainees shall by paid the prevailing wage for the skill and classification trained.
expressly by Special Provision. I f so provided, the classification of construction type and related wage rates established by the Maine Department of Labor will be set forth by Special Provision. If not so set forth, t he Contractor shall contact t he Department before Bidding to determine the applicable wage rates in accordance with Section 102.5.2 - Bidder’s Duty to Notify Department if Ambiguities Discovered. The Contractor sh all pay according to said rates and shall otherwise comply with all applicable federal an d State labor laws, rules, and regulations. Title 26 MRSA § 1303 set forth various requiremen ts about preference to Maine workers that apply to State funded Contracts. However, i f a Contract is Federally funded or partially Federally funded, Federal law governs and T itle 26 MRSA § 1303 does not apply. For a related provision, see 23 CFR § 635.117. 104.3.8.1 Electronic Payroll Submission On federally funded Pr ojects the Contractor, all Subcontractors, a nd lower-tier Subcontractors w ill submit their certified payrolls electronically utilizing the Elations system. There i s no charge to the contracting
community for the use of this service. The submission of paper payrolls will not be allowed or accepted. Additional information can be found at http://www.maine.gov/mainedot/contractors/ under the “Bidder Info” go to “Electronic Payroll System.” 104.3.8.2 Payment Tracking On federally funded projects the C ontractor and all Subcontractors and lower-tier Subcontractors will track and con firm the delivery and receipt of all payments through the Elation System 104.3.9 Patents and Copyrights The Contractor must provide pr oof of a legal Agreement with the holder of any patent, trademark, or copyrigh t, or the Owner, if necessary, for use of any of the following: design(s), process( es), device(s), trademark(s), Material(s), and copyright(s). The Contractor agrees to indemn ify, defend, and hold harmless the Department and any affected third party or political subdivision from all claims of infringement that arise from use of any item listed in this paragraph. 104.3.10 Responsibility for Damage to Work Except as provided in Section 104.2.7 - Damage to Project Caused by Uncontrollable Events, the Contra ctor shall bear all risk of loss relating to the Work until Final Acceptance, regardless of cause, including completed Work, temporary Structures, and all other items or Materials no t yet incorporated into the Work. For a related provision, see Section 110.3.6 - Builders Risk. The Contractor shall, at its sole expense, rebuild, repair, re store, or replace such damaged Work or otherwise make good any losses that arise from such damage (“rebuilding, etc.”). If the Contractor fails to promptly commence and continue such rebuilding, etc., the Department may, upon 48 hours advance wri tten notice, commence rebuilding, etc. of the damaged property without liability to t he Department with its own forces or with Contracted forces and all costs will be deducted from amounts otherwise due the Contractor. For the Contractor’s responsibilities for the Work after Final Acceptance, see Section 106.9 - Warranty Provisions. 104.3.11 Responsibility for Property of Others The Contractor and its Subcontractors shall not enter private property outside the Pro ject Limits without first obtaining permission from the Owners. The Contractor shall be responsible for all damage to public o r private property of any kind resulting from any act, omission, neglect, or miscondu ct of the Contractor and its Subcontractors. The preceding sentence includes damage to vehi cles passing through the Work area. The Contractor shall, at its sole expense, rebuild, repair, re store, or replace such damaged property and otherwise make good any losses that arise from such damage. If the Contractor fails to completely remedy the damage in a timely manner, the Department may, upon 48 hours advance written notice, rebuild, repair, res tore or replace the damaged property without liability to the D epartment with its own forces or with contracted forces. All costs will be deducted from amounts otherwise due the Contr actor.
104.3.12 Forest Protection and Laws The Contractor shall obey all laws and regulations that govern Work within or adjacent to State or Nat ional Forests, keep the Project site orderly and clean, obtain all required Permits, pr event and assist with the suppression of forest fires, and c ooperate with authorized fore stry officials. Pursuant to State law, the sale of harvested forest products m ust be reported to the Maine Forest Service at the end of each year. The Contractor i s hereby designated as the Department’s agent for reporting of any such harvesting. 104.3.13 Materials and Items Found On the Project With the De partment’s approval, the Contractor may use suitable excavated Material in the Work and be paid for both the excavation and the placement of such Materials at the corresponding Contract Unit Prices. Except for Material used for riprap, stone ditch prote ction, and loam, the Contractor shall replace such excavated Material with other approved Mater ial and properly compact it at no cost to the Department. T he Contractor shall obtain writ ten permission from the Department before performing any excavation outside the Project Limits. Unless expressly provided otherwise, the Contractor shall remo ve and assume Ownership of all Incidental Structures and Materials to be remo ved such as guardrail, drainage pipe, culverts, curbing, bridges, and other manufactured Materials. Utility Facilities, traffic control devices, and lights, together with all supporting Structures, are excluded from the provisions of this Section 104.3.13. The cos t of removal of such Structures and Materials is Inci dental to the Contract unless e xpressly provided otherwise. 104.3.14 Interpretation and Interpol ation The Contractor is r esponsible for all interpretations and interpolations made from information provided in the Bid Documents and Contract, including data and test results related to locati on, survey, hydrology, hydraulics, soils, ledge quality, existing Structures, Environm ental Information, and Geotechnical Information. For r elated provisions, see Sections 102.3 - Examination of Documents, Site, and Other Information; 102.5.2 - Bidder’s Duty To Notify Department If Ambiguities Discovered; 104.3.3 - Duty to Notify Department If Ambiguities Discovered; and 105.6 - Construction Surveying.
104.4Communication and Coordination
104.4.1 Partnering
structured communication between the Department, the Contractor , its principal Subcontractors and suppliers, and other Project stakeholders fo r the purpose of improving efficiency and minimizing Disputes. Partnering, including the establishment of a partnership charter, does not i n any way waive, alter, or other wise affect any provision of the Contract. For a related provision, see Section 111.1.3 - Relationship to Partnering.
Participation in Partnering is voluntary; either party may ele ct to not participate in Partnering for any reason. The associated costs of Partnering will be agreed to mutually and shared equally.
participate in Partnering, representatives of both parties will arrange a facilitated initial Partnering Workshop, which should be held before the start of o n-site construction. The Project Manager, Resident or both and the superintendent will d etermine Workshop attendees, the facilitator, agenda, duration, and location. Ke y Project level supervisory personnel, corporate/State level management personnel, and key Project personnel of the Contractor’s principal Subcontractors and suppliers should atte nd. Project design Engineers, FHWA, local government representatives, environmenta l regulators, emergency service personnel, Utility Companies, impacted business and/or landowners, and other stakeholders may also be invited to attend. The product of the initial Partnering Workshop will be a partnership charter. This charter will include mutua lly agreed upon Project goals and communication escalation procedures.
follow-up Partnering Workshops periodically throughout the duration of the Contract. 104.4.2 Preconstruction Meeting After the Contract has been executed and before the start of on -site construction by the Contractor, the Resident will schedule a Preconstruction Meetin g that must be attended by the Contractor’s Project Manager and Superintendent. Notification of the meeting shall be sent to the following personnel, agencies, and organizations as required by the Contract and deemed essential to the Work outlined in the Contract.
Project Manager, Program Manager, and Area Construction Manager Engineer of Record and Project Designer Engineers Utility Coordinator and Utility Companies Property Officer, Town Representatives, and Major Stakeholders Environmental Officer and Agencies Safety Officer, Fire Department, and Police Department Civil Rights Officer Communications Representative FHWA Representative Regional Office including Manager, Engineer, and Maintenance The agenda of the Preconstruction Meeting, at a minimum, shall include the following items that pertain to the Contract.
Attendee List with contact information Project Description Contract
Bid Amendments Project Specific Permit Requirements Review of Special Provisions Contractor’s General Authority and Responsibilities – 104.3 Utility Coordination – 104.4.6 Road/Bridge Closure/Restriction Notifications – 104.4.10 Traffic Management – 105.3 Environmental Requirements – 105.8 Time – 107 Additional Special Provisions as required by the Contract Review of Plans Review of Submittals Review of Requirements prior to Start of Work Communications The Resident will prepare minutes of the Preconstruction Meeti ng and distribute them to all attendees and invitees. Any requests to revise the minutes must be made to the preparer within 7 Days of Receipt. These minutes will constitu te the final record of the Preconstruction Meeting. The Resident will prepare minutes of the Preconstruction Meetin g and distribute them to all attendees and invitees. Any requests to revise the minutes must be made to the preparer within 7 Days of Receipt. These m inutes will constitute the fi nal record of the Preconstruction Meeting. For related provisions, seeS ections 104.4.6(A) - Preconstruction Utility Meeting; 652 - Implementation of Traffic C ontrol Plan, Preconstruction F ield Review (if required); 656.4.1 - Temporary Soil Erosion and Water Pollution Control, P reconstruction Field Review; and 106.4 - Quality Control. 104.4.3 Progress Meetings Except as provided otherwise in this Section 104.4.3 - Progress Meetings shall be held at regular intervals, but at least monthly, throughout the duratio n of the Contract. All personnel of the Department a nd the Contractor who have signifi cant information relevant to agenda items shall attend. Additional personnel, as included in the invitee list of the Pre- construction Meeting and as merited, may be invited to attend. The agenda for each Progress Meeting at a minimum, shall inclu de the following items that pertain to the Contract:
Review and Approval of Previous Progress Meeting Minutes Review of Action Items from Previous Meeting Review of Progress from Last Progress Meeting Review of Work Planned to Prior to Next Progress Meeting Contractor’s Schedule of Work Material Testing and Work Inspection Schedule
Progress Payments Civil Rights Contractor’s Quality Control Contractor’s Safety Practices Contractor’s Environmental Control Contractor’s Traffic Control Onsite Utility Coordination Review of Outstanding Submittals and Long Lead Items Request for Information Contract Modifications Material and Equipment Deliveries Issues, Disputes, Claims, and Resolutions Review of New Action Items The Resident will prepare minutes of these meetings and distri bute them to all attendees. Any requests to revise the minutes must be made to the Resident within 7 Days of Receipt. These minutes will constitute the final record of the Progress Meeting. In lieu of a Progress Meeting, the Resident and the Superinten dent may exchange written communication before or on the scheduled Progress Meeti ng date that indicates there is no need for the meeting because the Work is on schedul e, compensation is current, communication is ongoing, and there are no significant outstanding or anticipated issues, Disputes or claims. The Superintendent’s written communication shall also contain a description of (A) progress of the Project since the last Progress Meeting or comm unication in lieu thereof and (B) expected activities before the next sch eduled Progress Meeting. All invitees to the Progress Meeting must be notified of canceled o r postponed meetings. 104.4.4 Requests for Information Either the Department or the Contractor may request that the other party provide information that the reque sting party needs to fulfill its Contract obligations by Deliveri ng a written Request for Inform ation (RFI). The Department may require that RFIs be on forms and media approved by the Department. The request must (A) be of reasonable scope, (B) explain why such i nformation is necessary to fulfill Contract obligations, and (C) provide a requested respo nse time, which must be reasonable in relation to its scope (at least 72 hours). The p arty receiving an RFI shall use its best effort to respond to the RFI within the time requested . The response shall be in writing. The status of outstanding RFIs shall be discussed at each Progress Meeting. 104.4.5 Early Negotiation
that may cause the Contractor to seek additional compensation, time, or any other change in Contract requirements (“Issue”) , then the Contractor shall noti fy the Resident within 48 hours and before commencing any pa rt of the Work relating to th e Issue. The notice must describe the basic nature and extent of the Issue.
Such notice may be verbal only if confirmed in writing in one of the two following ways: (A) if a Progress Meeti ng is held within 14 Days of the date that the Issue became known, such Notice may be confirme d with an entry in the Progre ss Meeting minutes. Such entry must describe the basic nature and extent of the Issue. (B) Otherwise, the Contractor shall confirm a verbal notice by Delivering to the Resident, wi thin 14 Days of the date the Issue arose, a written notice that describes the basic nature a nd extent of the Issue. The written notice or confirmation will be known as a “Notice of Issue for Consideration.” The Contractor will not be entitled to any add itional compensation, time, or any other change to Contract requirements without a timely Notice of Issue for Consideration.
Conforming to Section 104.4.5(A) - Notice Required, the Residen t and the Contractor will negotiate to attempt to resolve the Issue. Any resolution will be noted in the Progress Meeting minutes or confirmed otherwise in writing by the Department. Any changes to the Contract that affect compensation, time, quality, or other Cont ract requirements shall be by written Contract Modificati on as provided by Section 109.8 - Co ntract Modifications. For related provisions, see Sections 109.5 - Adjustments for D elay and 109.7 - Equitable Adjustments to Compensation and Time.
of the date the Resident receives the Notice of Issue for Consi deration, and if the Contractor desires additional consideration by the Department, then the Co ntractor must comply with Section 111.2 - Detailed Notice of Dispute and all other requir ements of Section 111 - Resolution of Disputes. 104.4.6 Utility Coordination
to coordinate the Work of the C ontractor and the Work of affected Utility Companies. Usually this meeting will be held on the same day as and immedi ately before the Pre- construction Meeting provided by Section 104.4.2 - Pre-construction Meeting but, in any event, will be held before the start of on-site construction by the Contractor that affects Utility Facilities. The Department’s Utility Coordinator, the Project Manager, Resident, the Contractor’s Superintendent, and a representative of each affec ted Utility Company will attend. The Department’s Utility Coordinator will prepare minu tes of the Pre-construction Utility meeting and distribute them to all attendees. Any requ ests to revise the minutes must be made to the Department’s U tility Coordinator within 7 Days o f distribution. These minutes will constitute the final record of the meeting. For a related provision, see Section 104.4.2 - Pre-construction Meeting(s).
including subsection E - Temporary Relocations below, all Utili ty Facilities of all Utility Companies within the Right-of-Way will be relocated and adjuste d as provided in the