3720 - Board of Claims

construction problems that arise. However, the Department does not assume
responsibility for the work as a consequence of such cooperation.
(Ex. P-60 at p. 102-2).
206. Section 102.05 of the 408 Specifications states:
Time estimates for the placement, replacement, relocation, adjustment and reconstruction
of public and private facilities and structures on, under, or over the project and waste and
borrow areas not on the project before and during the performance of the work have been
provided only for informational purposes. The Department does not warrant the accuracy
of the time estimates. Bidders should verify this information by contacting the owners of
the facilities and structures. These time estimates are not to be considered part of the bid
proposal.
(Ex. P-60 at p. 102-5).
207. Paragraph 6 of the Contract states:
The contractor further covenants that he has not relied upon any information provided by
the Department, including information contained in the Special Provisions, concerning
the time within which publicly or privately-owned facilities below, at or above the
ground are expected to be installed, removed, repaired, replaced, and/or relocated; that he
has not relied upon any information provided by the Department concerning the location
or existence of all such facilities that might be below, at or above ground; that he has
contacted or will contact all owners of such facilities to verify the location and position of
all such facilities and the time within which work on such facilities will be performed;
and that he is aware delays might be incurred in the performance of work on this project
as a result of work being performed or that will be performed on such facilities by their
owners.
It is further understood that, notwithstanding assistance of any kind and extent that might
be provided by the department, the contractor, in every instance, bears the ultimate
responsibility in resolving all disputes of every kind with the owners of such facilities.
The contractor agrees to save and hold the Department harmless from liability for all
delays, interference and interruptions that might arise during the performance of the work
on this project as a result of work being or that will be performed on such publicly or
privately-owned facilities.
(Ex. P-8 at p. 5).
208. The “Utilities” provision of the Contract also provided that the contractor had the
following duties regarding the relocation:
Cooperate with the public utility companies and local authorities in the placement,
replacement, relocation, adjustment or reconstruction of their structures and
facilities during construction.
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