3720 - Board of Claims

After completing construction Phases 1-3 in Section One (Sta. 721 + 00 to Sta. 787 +
97.75), the contractor could then move its personnel and equipment to Section Two (Sta. 787 +
97.75 to Sta. 856 + 64.00) and complete the same three phases. Thereafter it would move to
Section Three (Sta. 856 +64.00 to Sta. 917 +00) and repeat the same three phases of work. Once
the contractor had widened and rebuilt Sections One, Two and Three, it was to complete a final
Phase 4 of work, which was to continuously pave the entire roadway within the Project limits by
applying the bituminous binder and wearing courses to complete the roadway surface; rebuilding
inlet tops, installing permanent traffic markings; installing guide rail; and completing final
grading work of shoulders and other finish work.
Because of this detailed Construction Sequence provided by PennDOT, the Contract time
frames in which this work was to be accomplished, and the need to keep the road open to traffic
while Intercounty performed the work, it was critical that the telephone and electric utility poles
lining both sides of the roadway be relocated within the PennDOT rights-of-way either before
Intercounty commenced the Construction Sequence or, at very least, that these utility poles be
relocated in a time and manner so as not to interfere with Intercounty's work as mandated by
PennDOT's Construction Sequence. Since the Contract here required the successful bidder to do
the initial survey and elevation work to establish the limits of the new PennDOT rights-of-way
before relocation of the poles, this precluded relocation before the contractor started work on
site, and thus required precise and careful planning to coordinate efforts with the utility
companies on this Project. Unfortunately, this did not occur. It is this problem, along with
PennDOT's acts and omissions with regard thereto, as alleged by Intercounty, that becomes the
primary issue in this case.
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