2 Del. Admin. Code § 6.9
The developer shall provide DelDOT and/or consultant inspectors, access to all parts of the work and furnish such information and assistance as is required to make a complete and detailed inspection as described in DelDOT's Standard Specifications.
During construction, the developer shall provide DelDOT and/or consultant inspectors at least two working days' notice of all major construction activities. These activities shall include, but are not limited to, the following:
A DelDOT Designated Inspector must be present during these construction activities. All materials shall be released, inspected, tested, and approved before being incorporated in the work in accordance with DelDOT's Standard Specifications Section 106 - Control of Material.
All inspection of paving materials used and placement of paving materials shall be in accordance with the Contractor's Quality Control (QC) Plan. The Contractor's QC Plan shall be prepared in accordance with DelDOT's Special Provision 401699 - Quality Control/Quality Assurance of Bituminous Concrete.
Credit for Bituminous Concrete - If the Contractor constructs any pavement that does not meet the requirements outlined in DelDOT's Quality Control/Quality Assurance (QA/QC) specification, the developer will be required to remove and replace the material or may be permitted to leave the material in place and pay DelDOT by certified check for a loss of service life of the material based on the amount of pavement that does not meet the specifications. The amount of the certified check will be equal to the average bid prices of the pavement minus the cost of the pavement that does not meet the requirements of the contract documents.
Assessment for Future Maintenance = (Tonnage of Bituminous Concrete in question) x Pavement Bid Cost x [1-%Compliant / 100]
The percent compliant is based on the procedures outlined in DelDOT's Special Provision 401699 -Quality Control/Quality Assurance of Bituminous Concrete. The percent compliant is broken down into the amount of material production pay adjustment and the pavement construction pay adjustment. The material production is 70% of the pavement cost and the pavement construction is 30% of the pavement cost. The payment is calculated for each lot tested. The pay adjustment is discussed in greater detail in Special Provision 401699.
Defective Portland cement concrete shall be addressed following the requirements of DelDOT's Standard Specifications Section 602.25.
The Developer shall request a semi-final inspection when all work is complete. Once the semi-final inspection is completed and accepted, an accessibility inspection shall be scheduled. Once the accessibility inspection punch list items are completed and accepted a final inspection may be requested. The Public Works Engineer or the Construction Group Engineer may then schedule a final inspection which shall be conducted by DelDOT. DelDOT personnel, accompanied by the developer and/or his/her contractor, and representatives of the appropriate County and/or municipal officials, shall inspect the site and determine those items of work, if any, that must be either completed, repaired or replaced.
DelDOT shall then provide the developer with a punch list of the remaining work within ten working days. The punch list shall include required letters or documents required prior to Acceptance. Should the developer fail to request a final inspection, the District Engineer may at his sole discretion provide to the developer a punch list of the remaining work to complete the streets.
Following completion of street construction and submission of required documentation to the satisfaction of the Public Works Engineer, the Public Works Engineer will recommend acceptance of the streets and shall prepare an "Acceptance Drawing and an Acceptance Statement" for signatures. Once accepted into the State maintenance system, the Developer shall be responsible for any failure of shared-use paths, sidewalks, pavement or drainage for three years from the date of acceptance, as noted in the Construction Agreement (found at http://devcoord.deldot.gov > Forms), and as described in Section 6.5.4. If the developer fails to correct three year good faith punch list items, this shall also be cause to increase the required construction security to 100% of the itemized cost estimate on future construction projects. Once the three year good faith punch list items have been corrected, standard security rates will be reinstated on future subdivision street construction projects.
To assure that the storm drainage systems within State right of way and easements are constructed per DelDOT's Standard Specifications just prior to placement of final wearing course of asphalt pavement and acceptance into the State maintenance system, a digital video inspection and report, verifying acceptability of the system, shall be required.
The procedure for inspecting closed drainage systems, including providing coordinates for all flared ends, pipe outfalls and structures, shall follow DelDOT's Standard Specifications and DelDOT's Storm Sewer CCTV Manual for Storm Sewer Assessment and Acceptance.
Upon review and approval of the Delaware General Assembly, DelDOT shall collect inspection fees on all new commercial entrance and subdivision street construction projects, built on the public right-of-way, whether seeking State-maintenance or not. When fees are collected they shall be collected from the project developer or owner prior to the start of any aspect of entrance or street construction. The fee shall be made payable to DelDOT, at the rate of 10% of the estimated cost of construction as approved by DelDOT. This fee shall cover a period of five years from the date of the NTP. If construction is not completed within the five-year period, an annual renewal fee of one quarter the current inspection fee shall be required. This fee must be paid at the beginning of each additional year of construction. NTP with initial construction shall not be issued until DelDOT has collected the inspection fee.
If a developer fails to comply with the renewal fee requirements within 100 days of receipt of written notification, DelDOT shall initiate forfeiture of the security bond.
NTP on additional entrance or street construction projects shall not be issued until all outstanding inspection fees have been collected.
2 Del. Admin. Code § 6.9
15 DE Reg. 551 (10/01/11)
16 DE Reg. 1199 (5/1/2013)
18 DE Reg. 240 (9/1/2014)
18 DE Reg. 709 (3/1/2015)
19 DE Reg. 938 (4/1/2016) (Final)