3720 - Board of Claims

30. Section 105.06(a) of the 408 Specifications provides, in part:
Upon execution of the contract, inform all public service companies, individuals,
and others owning or controlling any facilities or structures within the limits of
the project which may have to be relocated, adjusted, or reconstructed, of the plan
of construction operations. Give due notice to the responsible party in sufficient
time for that party to organize and perform such work in conjunction with or in
advance of construction operations.
Make all necessary arrangements with the owners of facilities and structures on,
under, or over the project site and all waste and borrow areas not on the project
site for any placement, replacement, relocation, adjustment, or reconstruction of
such facilities and structures that might be needed to perform work on this
contract. Cooperate with the owners of facilities and structures in order to assist
the owners in their placement, replacement, relocation, adjustment, or
reconstruction operations. Arrange and perform the work in accordance with the
recognized and accepted engineering and construction practices. As provided in
Section 105.06(b), the Engineer may assist in resolving any 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.
31. Section 102.05 of the 408 Specifications provides, in part:
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.
32. Paragraph 6 of the Contract provides:
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
51