8 PROSECUTION AND PROGRESS
8-1.01 General
Section 8 includes specifications related to prosecuting the Contract and work progress.
8-1.02 Schedule
8-1.02A General
Submit critical path method schedules that are consistent in all respects with time, staging, and work sequencing of the Contract. Submit your baseline schedule within 15 days of contract approval. Within 5 business days of baseline schedule submittal meet with the Engineer to discuss the baseline schedule. By the 24th of each month submit an u pdate schedule with required support data that includes the status of work completed to date and the work yet to be performed as planned. The update schedule must have a data date of the 21st day of the month or other date established by the Engineer. The review period does not start until the previous month's required schedule is accepted . The update schedule must show changes from prior accepted schedules. Update schedules not accepted or rejected within the review period will be accepted. Update schedules may be accepted with exceptions noted. Correct rejected schedules and resubmit them within 7 days upon notification. Allow 7 days for the review of the resubmittal. Ensure that all activity sequences are logical and that each schedule shows a coordinated plan for completion of the work. If the Contract includes construction staging and yo u propose changes to the described staging, do not perform work affected by the proposed changes until the Engineer accepts your schedule and the Department approves a Change Order. Perform critical path work activities in the sequence indicated on the cur rent accepted schedule. Notify the Engineer in advance of performance of non -critical work activities that comply with Contract requirements but are out -of-sequence with the current accepted schedule. Performance of such work shall not impact the critical path work activities. The Engineer's review and acceptance of schedules neither voids any Contract part nor your responsibility for submitting complete and accurate information. Errors or omissions on schedules do not void your responsibility for completin g all work within the time specified for completion of the work. If any aspect of the schedule has an error or omission after a schedule has been accepted, correct it on the next update schedule. Upon completion of the work, the Department returns withhold s associated with section 8 -1.02 and makes a payment adjustment for work not performed in the same manner as work -character changes .
8-1.02B Level 1 Critical Path Method Schedule
8-1.02B(1) General
Section 8 -1.02B applies to a contract with out a critical path method schedule bid item shown in the Bid Item list. Use software to prepare each schedule. For each schedule submittal , submit:
1.Plotted original, time-scaled network diagram on a sheet at least 8 -1/2 by 11 inches with a title block and timeline in PDF file format .
2.Schedule data in an authorized electronic file format . File name must include : 2.1. Contract number 2.2. Schedule number and date prod uced
3.Narrative report that includes: 3.1. Transmittal letter 3.2. Work completed during the period 3.3. Identification of unusual conditions or restrictions regarding labor, equipment, or material 3.4. Description of the current critical path SECTION 8 PROSECUTION AND PROGRESS 3.5. Curre nt and anticipated delays, including: 3.5.1. Cause of delay 3.5.2. Impact of delay on other activities, milestones, and completion dates 3.5.3. Corrective action, mitigation, and schedule adjustments to correct the delay 3.6. Reasons for any changes you pr opose to the planned work 3.7. Pending items and status of: 3.7.1. Permits 3.7.2. Change orders 3.7.3. Time adjustments 3.7.4. Noncompliance notices 3.8. Changes to the critical path and scheduled completion date since the last schedule submittal 3.9. Reas ons for an early or late scheduled completion date in comparison to the work completion date 3.10. Written response to Engineer's comments on the previous month's schedule submittal
8-1.02B(2) Schedule Format
On each schedule, show:
1.Planned and actual start and completion dates of each work activity, including applicable: 1.1. Submittal development . 1.2. Submittal review and acceptance . 1.3. Material procurement . 1.4. Contract milestones and each required constraint . Constraints other than those required by the specifications may be included if authorized. 1.5. Equipment and plant setup . 1.6. Interfaces with outside entities . 1.7. Erection and removal of falsework and shoring . 1.8. Test periods . 1.9. Major traffic stage change . 1.10. Final cleanup .
2.Order that you propose to prosecute the work .
3.Logical links between the time -scaled work activities .
4.All controlling activities .
5.Clear description of each activity .
6.At least 1 predecessor and 1 successor to each activity except for project start and project end milestones .
7.Duration of at least 1 working day for each activity .
8.Start milestone date as the Contract approval date .
8-1.02B(3) Update Schedule
You may include changes to update schedules that do not alter a critical path or extend the scheduled completion date of the current schedule. Changes may include:
1.Adding or deleting activities
2.Changing activity constraints
3.Changing remaining durations
4.Changing logic
5.Your forecasted date of completion In advance, discuss with the Engineer, changes that propose an adjustment of the scheduled completion date or alterations in the critical path. If agreement cannot be achieved, submit an RFI. Meet with the Engineer to review work progress on or before the 1st day of each month, starting 30 days after the baseline schedule is accepted. Discuss, narrative report, progress to date, changes in schedule, unresolved time issues, and additional schedule changes needed. The update schedule must:
1.Show actual activity start dates, percent complete, remaining duration, and finish dates SECTION 8 PROSECUTION AND PROGRESS
2.Show actual durations for work that has been completed, including the Engineer's review and your resubmittal times If a previous update schedule was not approved, the Engineer may allow you to submit an update schedule that reflects current progress. Submittal of this update schedule does not result in acceptance of prior unaccepted schedules. Prior unaccepted schedules must be corrected and resubmitted up on request.
8-1.02C Level 2 Critical Path Method Schedule
8-1.02C(1) General
Section 8 -1.02C applies to a contract if a bid item for a level 2 critical path method schedu le is shown in the Bid Item List.
8-1.02C(2) Schedule Format
On each schedule, show:
1.Planned and actual start and completion dates of each work activity, including applicable: 1.1. Submittal development . 1.2. Submittal review and acceptance . 1.3. Mater ial procurement . 1.4. Contract milestones and each required constraint . Constraints other than those required by the specifications may be included if authorized. 1.5. Equipment and plant setup . 1.6. Interfaces with outside entities . 1.7. Erection and remo val of falsework and shoring . 1.8. Test periods . 1.9. Major traffic stage change . 1.10. Final cleanup .
2.Order that you propose to prosecute the work .
3.Logical links between the time -scaled work activities .
4.All controlling activities .
5.At least 50 but not more than 500 activities unless authorized. The number of activities must be sufficient to : 5.1. Assure adequate planning of the project 5.2. Permit monitoring and evaluation of progress 5.3. Perform an analysis of time impacts
6.Clear description of each activity .
7.Alphanumeric activity identification and activity description system for labeling work activities.
8.Identification code for each activity for responsibility, stage, work shifts, location, and bid items.
9.At least 1 predecessor and 1 successor to each activity except for activities that begin at the project start milestone and activities that end at the project end milestone .
10.Activitie s durations of at least 1 working day and no more than 20 working days for each activity , unless otherwise authorized.
11.Start milestone date as the Contract approval date .
12.Department -owned float as the predecessor activity to the scheduled completio n date. Each activity description must indicate its associated scope or location of work by including such terms as quantity of material, type of work, bridge number, station to station location, side or direction of highway, stage, lane number, shoulder, ramp name, ramp line descriptor, or mainline. You may show early completion time on any schedule if you comply with the Contract. Early completion time is a resource for your exclusive use. You may increase early completion time by improving production, r eallocating resources to be more efficient, performing sequential activities concurrently, or by completing activities earlier than planned. You may show a scheduled completion date that is later than the work completion date on an update schedule after th e baseline schedule is accepted. Provide an explanation for a late scheduled completion date in the narrative report included with the schedule submittal. SECTION 8 PROSECUTION AND PROGRESS
8-1.02C(3) Computer Software
Submit a description of your proposed schedule software for authorizati on. Software must be compatible with the current version of the Microsoft Windows operating system in use by the Engineer. The schedule software must be the latest version of Primavera P6 for Windows or equal. Any proposed schedule software equal to Primav era P6 must be capable of:
1.Generating files that can be imported into Primavera P6
2.Comparing 2 schedules and providing reports of changes in activity ID, activity description, constraints, calendar assignments, start and finish dates, durations, and logic ties
8-1.02C(4) Data, Network Diagrams, Histograms, and Reports
For each schedule submittal, submit:
1.Schedule data in compatible Primavera P6 electronic file format. File name must include: 1.1. Contract number 1.2. Schedule number and date produced
2.One set of originally plotted, time -scaled network diagrams and a copy in PDF file format.
3.One copy of a narrative report in PDF file format. The time -scaled network diagrams must:
1.Show a continuous flow of information from left to right
2.Be based on early start and early finish dates of activities
3.Clearly show the critical path using graphical presentation
4.Be on 11 by 17 inches or larger sheets , unless otherwise authorized
5.Include a title block and a timeline on each page
6.Be in color For resource allocated schedules, the time -scaled resource histograms must show materials, labor crafts and equipment classes anticipated to be used. For baseline schedule requiring resource allocation, use average composite crews to display th e labor loading of job site construction activities. Optimize and level labor to reflect a reasonable plan for accomplishing the work and to assure that resources are not duplicated in concurrent activities. The narrative report must be organized in the fo llowing sequence with all applicable documents included:
1.Transmittal letter
2.Work completed during the period
3.Identification of unusual conditions or restrictions regarding labor, equipment, or material; including multiple shifts, 7-day work weeks, overtime , or work at times other than regular days or hours
4.Description of the current critical path
5.Current and anticipated delays, including: 5.1. Cause of delay 5.2. Impact of delay on other activities, milestones, and completion dates 5.3. Corrective action , mitigation, and schedule adjustments to correct the delay
6.Reasons for any changes you propose to the planned work
7.Pending items and status of: 7.1. Permits 7.2. Change orders 7.3. Time adjustments 7.4. Noncompliance notices
8.Changes to the critical path and scheduled completion date since the last schedule submittal
9.Reasons for an early or late scheduled completion date in comparison to the work completion date
10.Status of early completion time and Department -owned float, if applicable
11.Written response to Engineer's comments on the previous month's schedule submittal
12.For schedules requiring resource allocations, describe differences between actual resource allocations on activities and those anticipated in the base line schedule. SECTION 8 PROSECUTION AND PROGRESS
8-1.02C(5) Preconstruction Scheduling Conference
Within 5 business days after Contract approval, submit a general time -scaled logic diagram showing the major activities and sequence of planned operations. If the Contract includes construct ion staging and you propose changes to the described staging, the general time scaled -logic diagram must show the changes and resulting time impacts. You may not perform work affected by the proposed changes to the described staging until the Engineer acce pts your schedule and the Department approves a Change Order or provides an authorization to proceed ahead of the issuance of a change order. Hold a preconstruction scheduling conference with your project manager and the Engineer within 10 days after Contr act approval to discuss:
1.Your general time -scaled logic diagram
2.Any proposed changes to described staging
3.Proposed work plan and schedule methodology At this conference, submit the alphanumeric coding structure and activity identification system for labeling work activities. The Engineer conducts the preconstruction scheduling conference and reviews the schedule specification with you. The Engineer provides any required baseline schedule changes to you for implementation within 2 business days of the preconstruction scheduling conference. If you plan on submitting an early completion baseline schedule that shows work completion in less than 85 percent of the original working days, discuss planned resource allocations, number of crews, and equipment to achieve the early completion.
8-1.02C(6) Baseline Schedule
Starting the week after the preconstruction scheduling conference, meet with the Engineer weekly to discuss and resolve schedule issues until the baseline schedule is accepted. If you and the Engineer agree on the need for a third -party facilitated meeting to assist in resolving baseline schedule issues, the Department pays for 1/2 the cost of the facilitator; the Contractor pays for the other 1/2. The cost is determined under section 9 -1.05 ex cept no markup is allowed. If you and the Engineer cannot resolve baseline schedule issues, submit an RFI before starting work. The baseline schedule must include the entire scope of work and how you plan to complete all work contemplated. The baseline sch edule must show the activities that define the critical path. Multiple critical paths and near-critical paths must be kept to a minimum. A total of not more than 50 percent of the baseline schedule activities must be critical or near critical unless otherw ise authorized. The baseline schedule must not extend beyond the number of original working days. The baseline schedule must have a data date of Contract approval. If you submit an early completion baseline schedule that shows work completion in less than 85 percent of the original working days, the baseline schedule must be supplemented with resource allocations for every task activity and include time -scaled resource histograms. Resource allocations must be shown to a level of detail that facilitates repo rt generation based on labor crafts and equipment classes for you and your subcontractors.
8-1.02C(7) Update Schedule
You may include changes to update schedules that do not alter a critical path , add a near critical path, or extend the scheduled completi on date compared to the current schedule. Changes may include:
1.Adding or deleting activities
2.Changing activity constraints
3.Changing remaining durations
4.Changing logic SECTION 8 PROSECUTION AND PROGRESS
5.Your forecasted date of completion If any proposed change in planned work would alter the critical path or near critical path or extend the scheduled completion date, submit a TIA within 5 business days of the proposed change. Meet with the Engineer to review work progress on or before the 1st day of each month, sta rting 30 days after the baseline schedule is accepted. Discuss, narrative report, progress to date, changes in schedule, unresolved time issues, and additional schedule changes needed. The update schedule must:
1.Show actual activity start dates, percent complete, and finish dates
2.Show durations for work that has been completed as the work occurred, including the Engineer's review and your resubmittal times
3.For instances where a baseline schedule requires resource allocations, describe actual resourc es allocated to activities for work that has been completed and those anticipated for remaining work If a previous update schedule was not approved, the Engineer may allow you to submit an update schedule that reflects current progress. Submittal of this update schedule does not result in acceptance of prior unaccepted schedules. Prior unaccepted schedules must be corrected and resubmitted upon request.
8-1.02C(8) Time Impacts
8-1.02C(8)(a) General
Reserved
8-1.02C(8)(b) Time Impact Analysis Submittal
Submit a TIA with each request for adjustment of Contract time or whenever you or the Engineer considers that an authorized or anticipated change may impact the critical path or work progress. For a Change Order with deferred time, submit TIA updates monthly and within 15 days of completion of the change order work. The TIA must:
1.Illustrate the impacts of each change or delay on the current scheduled completion date or internal milestone such as those associated wit h incentives or disincentives for completion of work parts .
2.Use the accepted schedule that has a data date closest to and before the event. If the Engineer determines that the accepted schedule used does not appropriately represent the conditions before the event, the accepted schedule must be updated to the day before the event being analyzed.
3.Include an impact schedule developed from incorporating the event into the accepted schedule by adding or deleting activities or by changing durations or logic of existing activities. If the impact schedule shows that incorporating the event modifies the critical path and scheduled completion date of the accepted schedule, the difference between scheduled completion dates of the 2 schedules may be equal to the a djustment of Contract time . Mitigation measures must be considered before determining the final adjustment of Contract time. The Engineer may construct and use an appropriate project schedule to determine adjustments in Contract time until you submit the TIA. Submit 2 copies of the TIA within 10 days of receiving a written request for a TIA or within 5 business days of recognition of an authorized or anticipated change that may impact the critical path or work progress . Authorized TIA schedule changes must be shown on the next update schedule. If a TIA you submit is rejected, meet with the Engineer within 5 business days of the rejection to discuss and resolve issues related to the TIA. If you are unable to resolve the issues, submit an RFI within 5 business days. Show only actual as -built work in subsequent update schedules. Do not show unauthorized changes related to the TIA. SECTION 8 PROSECUTION AND PROGRESS Upon compl etion of an unresolved time impact issue, submit a final time impact analysis for the Engineer to consider. Once agreement is reached, the authorized TIA schedule changes must be shown on the next update schedule. An ordered change that affects the critica l path is a basis for a time adjustment. The Department grants a time extension only if the total float is absorbed and the scheduled completion date is delayed 1 or more working days due to the ordered change . The Department may use Department -owned float to mitigate impacts of a Department ordered change.
8-1.02C(8)(c) Department -Owned Float
The Engineer may accrue Department -owned float . The Engineer documents Department -owned float by ordering you to update the Department -owned float activity on the ne xt update schedule. Include a log of the action on the Department -owned float activity and include a discussion of the action in the narrative report. The Engineer may use Department -owned float to mitigate past, present, or future Department delays by offsetting a potential time extension for a Change Order. Prepare a TIA upon request to determine the effect of Department -owned float. Department -owned float is a resource for the exclusive use of the Department .
8-1.02C(9) Final As-Built Schedule
Within 30 days after work completion, s ubmit a final as -built schedule with actual start and finish dates for the activities. Submit a written certificate with this submittal signed by your project manager or an officer of the company stating: "To my knowledge and belief, the enclosed final as-built schedule reflects the actual start and finish dates of the actual activities for the project contained herein." An officer of the company may delegate in writing the authority to sign the certificate to a responsible manager . In such an instance, include the written delegation with your submittals.
8-1.02C(10) Payment
The Department pays you for level 2 critical path method schedule as follows:
1.A total of 25 percent of the item total is paid upon: 1.1. Completion of 5 percent of all work 1.2. Acceptance of schedules and authorization of TIAs and deferred time analyses required when 5 percent of all work is complete
2.A total of 50 percent of the item total is paid upon : 2.1. Completion of 25 percent of all work 2.2. Acceptance of schedules and authorization of TIAs and deferred time analyses required when 25 percent of all work is complete
3.A total of 75 percent of the item total is paid upon : 3.1. Completion of 50 percent of all work 3.2. Acceptance of schedules and authorization of TIAs and deferred time analyses required when 50 percent of all work is complete
4.A total of 100 percent of the item total is paid upon : 4.1. Completion of all work 4.2. Acceptance of schedules and authorization of TIAs and deferred time analyses required when all work is complete 4.3. Submittal of the certified final as-built schedule The Department does not adjust payment for any increased or decreased work in submitting schedules. The Department makes a deduction of $25,000 for failure to submit the certified final as -built schedule. SECTION 8 PROSECUTION AND PROGRESS
8-1.02D 8-1.02F Reserved
8-1.03 Preconstruction Conference
Attend a preconstruction conference with ke y personnel, including your assigned representative, at a time and location determined by the Engineer. Submit documents as required before the preconstruction conference. You may start work before the preconstruction conference. Be prepared to discuss the topics and documents shown in the following table: Topic Document Potential claim and dispute resolution Potential claim forms Contractor's representation Assignment of Contractor's representative DBE and DVBE Final utilization reports Equipment Equipment list Labor compliance and equal employment opportunity Job site posters and benefit and payroll reports Material inspection Notice of Materials to be Used form Materials on hand Request for Payment for Materials on Hand form Measure ments -- Partnering -- Quality control QC plans Safety Injury and Illness Prevention Program, Code of Safe Practices, and job site posters Schedule Baseline schedule and Weekly Statement of Working Days form Subcontracting Subcontracting Request form Surveying Survey Request form Traffic control Traffic contingency plan and traffic control plans Utility work -- Weight limitations -- Water pollution control SWPPP or WPCP Work restrictions PLACs Action submittals --
8-1.04 Start of Job Site Activities
8-1.04A General
Reserved
8-1.04B Standard Start
For a project that does not require a SWPPP, start job site activities within 15 days after receiving notice that the Contract has been appr oved by the Attorney General or the attorney appointed and authorized to represent the Department. For a project that requires a SWPPP, start job site activities within 55 days after receiving notice that the Contract has been approved by the Attorney Gene ral or the attorney appointed and authorized to represent the Department. Submit a notice 72 hours before starting job site activities. If the project has more than 1 work location, submit a separate notice for each location. You may start job site activit ies before receiving notice of Contract approval if you:
1.Deliver the signed Contract, bonds, and evidence of insurance to the Department
2.Submit a 72 -hour notice
3.Obtain an encroachment permit from the Department
4.Receive the Department's authoriz ation to start
5.Perform work at your own risk
6.Perform work under the Contract SECTION 8 PROSECUTION AND PROGRESS If the Contract is approved, work already performed that complies with the Contract is authorized. If the Contract is not approved, leave the job site in a neat condition. If a facility has been changed, restore it to its former condition or an equivalent condition. The Department does not pay for the restoration. The Department does not adjust time for work performed before Contract approval.
8-1.04C Delayed Sta rt
Reserved
8-1.04D Early Return -Early Start
Reserved
8-1.04E Next -Day Start
Reserved
8-1.04F Flexible Start
Reserved
8-1.04G Potential Budget Impasse Start
Reserved
8-1.04H 8-1.04J Reserved
8-1.05 Time
The contract time starts on the earlier of the following:
1.Day you start job site activities after Contract approval
2.Last day specified to start job site activities in section 8 -1.04 Complete the work within the Contract time. Meet each specified interim work -completion date. The Engineer issues a Weekly Statement of Working Days form by the end of the following week. If you disagree with a Weekly Statement of Working Days report, submit an RFI within 5 business days of receipt of the report. The Weekly Statement of Working Days form shows:
1.Working days and non –working days during the reporting week
2.Time adjustments
3.Calculations of work completion dates, including working days remaining
4.Controlling activities If you disagree with a Weekly Statement of Working Days report, submit an RFI within 5 business days of receipt of the report.
8-1.06 Suspensions
The Engineer may suspend work wholly or in part due to conditions unsuitable for work progress. Provide for public safety and a smooth and unobstructed passageway through the work zon e during the suspension as specified in sections 7 -1.03 and 7 -1.04. Providing the passageway is force account work. The Department makes a time adjustment for the suspension due to a critical delay. The Engineer may suspend work wholly or in part due to yo ur failure to (1) fulfill the Engineer's orders, (2) fulfill a Contract part, or (3) perform weather -dependent work when conditions are favorable so that weather -related unsuitable conditions are avoided or do not occur. The Department may provide for a smooth and unobstructed passageway through the work during the suspension and deduct the cost from payments. The Department does not make a time adjustment for the suspension. Upon the Engineer's order of suspension, suspend work immediately. Resume work whe n ordered. SECTION 8 PROSECUTION AND PROGRESS
8-1.07 Delays
8-1.07A General
To request a delay -related time or payment adjustment, submit an RFI .
8-1.07B Time Adjustments
The Department may make a time adjustment for a critical delay. The Engineer uses information from the schedule to evaluate requests for time adjustments. To request an adjustment, submit a revised schedule showing the delay's effect on the controlling activity. If the delay has:
1.Occurred, submit records of the dates and what wor k was performed during the delayed activity
2.Not occurred, submit the expected dates or duration of the delayed activity Update the schedule to the last working day before the start of the delay if ordered.
8-1.07C Payment Adjustments
The Department ma y make a payment adjustment for an excusable delay that affects your costs. Losses for idle equipment, idle workers, and moving or transporting equipment are eligible for delay - related payment adjustments. The Engineer determines payment for idle time of e quipment in the same manner as determinations are made for equipment used in the performance of force account work under section 9 -1.04 with the following exceptions:
1.Delay factor in the Labor Surcharge and Equipment Rental Rates applies to each equipme nt rental rate.
2.Daily number of payable hours equals the normal working hours during the delay, not to exceed 8 hours per day.
3.Delay days exclude Saturdays and holidays.
4.Markups are not added. The Engineer determines payment adjustment for the id le workers under section 9 -1.04B, but does not add markups. The Engineer includes costs due to necessary extra moving or transporting of equipment. The Department does not make a payment adjustment for overhead incurred during non –working days of additiona l construction seasons experienced because of delay. If you claim additional costs due to impacts from an excusable delay, you must comply with section 5 - 1.42. Support your claim for additional costs based on the difference between the cost to perform the work as planned and the cost to perform the work as changed as determined under section 9 -1.04. The Department adjusts payment for the work portion that was impacted.
8-1.08 8-1.09 Reserved
8-1.10 Liquidated Damages
8-1.10A General
The Department specifies liquidated damages (Pub Cont Code § 10226). Liquidated damages, if any, accrue starting on the 1st day after the expiration of the working days through the day of Contract acceptance except as specified in se ctions 8-1.10B and 8 -1.10C . The Department may withhold liquidated damages before the accrual date if the anticipated liquidated damages may exceed the value of the remaining work. Liquidated damages for all work except plant establishment or permanent ero sion control establishment are as shown in the following table: SECTION 8 PROSECUTION AND PROGRESS Liquidated Damages Total bid Liquidated damages per day From over To $0 $200,000 $2,800 $200,000 $500,000 $3,600 $500,000 $1,000,000 $3,600 $1,000,000 $2,000,000 $4,200 $2,000,000 $5,000,000 $5,200 $5,000,000 $10,000,000 $6,700 $10,000,000 $20,000,000 $9,500 $20,000,000 $50,000,000 $13,200 $50,000,000 $100,000,000 $16,000 $100,000,000 $250,000,000 $19,300 If all work except plant establishment or permanent erosion control establishment is complete and the total number of working days have expired, liquidated damages are $950 per day.
8-1.10B Failure to Complete Work Parts within Specified Times
The Department may deduct specified damages from payments for e ach day needed to complete a work part in excess of the time specified for completing the work part. Damages for untimely completion of work parts may not be equal to the daily amount specified as liquidated damages for the project as a whole, but the Depa rtment does not simultaneously assess damages for untimely completion of work parts and for the whole work. Damages accrue starting the 1st day after a work part exceeds the specified time through the day the specified work part is complete.
8-1.10C Failure to Complete Work Parts by Specified Dates
The Department may deduct specified damages from payments for each day needed to complete a work part in excess of the specified completion date for the work part. Damages for untimely completion of a work part may not be equal to the daily amount specified as liquidated damages for the project as a whole, but the Department does not simultaneously assess damages for untimely completion of a work part and the whole work. Damages accrue starting the 1st day a fter an unmet completion date through the day the work part is complete.
8-1.10D Reserved
8-1.11 8-1.12 Reserved
8-1.13 Contractor'S Control Termination
The Department may terminate your control of the work for f ailure to do any of the following (Pub Cont Code § 10253):
1.Supply an adequate workforce
2.Supply material as described
3.Pay subcontractors (Pub Cont Code §10262)
4.Prosecute the work as described in the Contract The Department may also terminate yo ur control for failure to maintain insurance coverage. For a federal -aid project, the Department may terminate your control of the work for failure to include "Required Contract Provisions, Federal -Aid Construction Contracts" in subcontracts. The Department gives notice to you and your surety at least 5 business days before terminating control. The notice describes the failures and the time allowed to remedy the failures. If failures a re not remedied within the time provided, the Department takes control of the work. SECTION 8 PROSECUTION AND PROGRESS The Department may complete the work if the Department terminates the Contractor's control or you abandon the project (Pub Cont Code § 10255). The Department determines the unpaid balance under Pub Cont Code § 10258 and the Contract. At any time before final payment of all claims, the Department may convert a Contractor's control termination to a Contract termination .
8-1.14 Contract Termination
8-1.14A General
The Director may terminate the Contract if it serves the State's best interest. The Department issues you a written notice, implements the termination, and pays you.
8-1.14B Relief from Responsibility for Work
Upon receiving a termination notice:
1.Stop work
2.Notify subcontractors and suppliers of the Contract termination and stop Contract -related work
3.Perform the Engineer -ordered work to secure t he job site for termination
4.Remove equipment
5.Subject to the Engineer's authorization, settle termination -related claims and liabilities involving subcontractors and suppliers; assign to the Department the rights, titles, or interests held by you with respect to these parties
8-1.14C Responsibility for Materials
Upon receiving a termination notice, protect unused material until:
1.You submit an inventory of materials already produced, purchased, or ordered but not yet used; include the location of the material.
2.The Engineer identifies materials that will be retained by the Department. Submit bills of sales or other records of material title.
3.The Engineer confirms that unused materials paid by progress payment and materials furnishe d by the State have been delivered and stored as ordered.
4.The titles are transferred for materials purchased by the Department. Dispose of materials that will not be retained by the Department.
8-1.14D Contract Acceptance after Termination
The Enginee r recommends Contract acceptance after determining the completion of:
1.Work ordered to be completed before termination
2.Other work ordered to secure the project before termination
3.Material delivery and title transfer The Department pays you under s ection 9 -1.17.
8-1.14E Payment Adjustment for Termination
If the Department issues a termination notice, the Engineer determines the payment for termination during the performance period, from contract approval date to contract acceptance date, based on t he following:
1.Direct cost for the work performed : 1.1. Including: 1.1.1. Mobilization 1.1.2. Demobilization 1.1.3. Securing the job site for termination 1.1.4. Losses from the sale of materials 1.2. Not including: 1.2.1. Cost of materials you keep 1.2.2 . Profit realized from the sale of materials 1.2.3. Cost of material damaged by: SECTION 8 PROSECUTION AND PROGRESS 1.2.3.1. Act of God 1.2.3.2. Act of a public enemy 1.2.3.3. Fire 1.2.3.4. Flood 1.2.3.5. Governor -declared state of emergency 1.2.3.6. Landslide 1.2.3.7. Tsunami 1.2.4. Other credits
2.Cost of remedial work, as estimated by the Engineer, is not reimbursed.
3.Allowance for profit not to exceed 4 percent of the cost of the work performed where a likelihood of having made a profit had the Contract not been terminated is shown.
4.Material handling costs for material returned to the vendor or disposed of as ordered.
5.Costs in determining the payment adjustment due to the termination, excluding attorney fees and litigation costs.
6.Overhead costs. Termination of the Contr act does not relieve the surety of its obligation for any just claims arising out of the work performed.
8-1.15 8-1.16 Reserved
Source: California Standard Specifications, 2024 Edition. Pages 117–130 of 1,372.