3720 - Board of Claims

its Contract work. (Exs. P-20, P-21, P-25, P-31, P-36, P-40, P-41, P-42, P-44, P-46, P-50).
PennDOT's wholesale abandonment of the linear Construction Sequence originally anticipated
by Intercounty was further expanded in early 2002 when PennDOT was able to persuade the
Pike County Conservation District to approve a revised E & S Plan that would allow Intercounty
to work in more than one section at a time.
PennDOT's decision to abandon the Construction Schedule and jockey Intercounty's
work locations around the Project site on a weekly basis, in lieu of demobilizing until the utility
poles could be moved, forced Intercounty to work in an inefficient and disrupted manner
throughout the end of 2001 and all of 2002 to try to meet the November 2002 Contract
completion date. This disruption to its work became pervasive: causing Intercounty to move
trucks and equipment in and around the existing poles, wires and utility equipment in
prosecuting its work (including its cut and fill, grading, trenching, piping and sub-base
operations) during all phases of road widening and reconstruction; requiring Intercounty to take
steps to avoid interfering with the utility’s work crews when they did appear on the job; and
requiring Intercounty to work and pave around utility poles when it was able to prosecute its
work. Moreover, it had to do this work, as dictated by PennDOT, in multiple sections and on
multiple phases simultaneously throughout 2002 in a more spread out manner then reasonably
anticipated. From March 2002 to October 2002, Intercounty regularly had its crews working in
either two or three sections at once, instead of in the more compact and linear progression
dictated by the bid documents. For instance, in June 2002, Intercounty was strung out along the
entire roadway, working in all three sections and using extra flagmen to divert traffic back and
forth across the road while its crews and equipment excavated and paved around existing poles
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