3720 - Board of Claims

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.
33. The “Utilities” section of the Special Provisions 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.
Contact all utility representatives at least fifteen calendar days prior to starting
operations.
Exs. P-2B, P-8 at p. 34.
34. Because we have found, as a matter of fact, that Intercounty fully cooperated with
the utility companies to relocate the utility poles and wires on the Project in all material respects,
we hold that Intercounty met its duty to cooperate with the utility companies to the extent required
under the terms of the Contract and the 408 Specifications incorporated therein, including the
requirements in Paragraph 6 and in the “Utilities” section of the Special Provisions of the Contract
and in Sections 102.05, 105.06(a) and 105.06(b). Ex. P-8; 408 Specifications §§ 102.05, 105.06(a)
and 105.06(b).
35. Because we have found, as a matter of fact, that Intercounty’s participation in the
pre-construction meeting of June 5, 2001 (immediately prior to PennDOT’s execution of the
Contract) and the subsequent pre-job meeting on June 11, 2001 with the utility companies affected
by the Project, and the discussions regarding the relocation of said utility poles and wires on the
Project at those meetings, reasonably complied in all material respects with the initial requirements
of contacting the affected utility companies on the Project, as set forth in the Contract and 408
Specifications (including those set forth in Paragraph 6, in the “Utilities” section of the Special
Provisions of the Contract, and in the 408 Specifications §§ 102.05, 105.06(a) and 105.06(b)), we
hold that Intercounty met its initial duty to contact the utility companies and make arrangements
for pole and wire relocations as required by the Contract. Ex. P-8; 408 Specifications §§ 102.05,
105.06(a) and 105.06(b).
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