3720 - Board of Claims

Moreover, we find PennDOT's defense to this aspect of the complaint (i.e. that it was unaware of
this problem until January 2002 and/or that it was the Utilities' fault for not identifying the need
for guy wires in its initial response to Mr. Pilosi) to be without merit. PennDOT had the ultimate
authority to approve the pole relocations submitted by the Utilities. It did so and then provided
Intercounty with plans that did not allow sufficient space for such pole relocations, and
construction of the road as designed. By doing so, PennDOT failed to adequately coordinate the
utility pole relocations into its design for the roadway in this pre-Contract phase and failed to
provide Intercounty with plans and drawings adequate to complete the Project.
Finally, we note our agreement with Intercounty that PennDOT was also required to give
each affected utility company advance notice of the Project's estimated start date as soon as
reasonably possible so each utility company could (at least tentatively) place the Project in its
work queue sufficiently in advance so as not to delay pole relocation. However, we are unable to
find that Intercounty has carried its burden of proof to establish that PennDOT failed to do so.
Specifically, the lack of evidence that Mr. Pilosi gave the Utilities sufficient advance notice of
the Project prior to the pre-construction job conference does not establish by a preponderance
that he failed to do so. Similarly, the failure to provide the specific Construction Sequence and
final plans/drawings in advance of these meetings does not establish that PennDOT failed to at
least advise the Utilities reasonably in advance of the anticipated Project start date. Accordingly,
while we have some doubt that PennDOT provided sufficient advance notice to the Utilities, we
are unable to find this as a matter of fact based on the evidence provided and this does not enter
into our decision.
Despite Intercounty's failure to carry its burden of proof on this last issue, Intercounty has
established that PennDOT failed to adequately coordinate utility pole relocation for the Project in
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