SUBCONTRACTING, NTP, PROGRESS SCHEDULES, SECTION 108 TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION 80 to a contract time extension, but there is no entitlement to compensation for the period the non-compensable delay is concurrent with the compensable delay.
the contractor’s progress schedule but could not work because of weather or seasonal conditions that prevented critical path work from occurring for more than half of the working day.
engineer’s review. The engineer will respond either by accepting or rejecting the weather days alleged by the contractor. If the engineer rejects the alleged weather d ays, the engineer will provide a determination of weather days within 7 calendar days of receiving the list of claimed weather days. If there is disagreement with the Engineer’s determination, submit a written justification within 7 calendar days of receiving the engineer’s list of weather days. The engineer will review the written justification and will respond within 7 calendar days. If there is disagreement with the engineer’s response, provide notice as required by Section 104.3 , Notification of Contract Changes .
dates and number of weather days. The engineer will provide the determination of weather days in response to a written request.
to determine the total number of anticipated weather days for the proj ect. The Department will extend contract time by 1 -day for each weather day that exceeds the total number of anticipated weather days for the project. Table 108.7 -1. Anticipated Weather Days per Month Month Weather Days Month Weather Days January 20 July 4 February 20 August 4 March 15 September 5 April 10 October 6 May 5 November 10 June 5 December 20
contractor is not entitled to time extensions for weather days or seasonal conditions encountered beyond the contract time, even if the number of weather days exceeds the total number of weather days anticipated for the project.
108.8Failure to Complete on Time.
expired, pay the Department the sum specified in Section 108.9 , Schedule of Liquidated Damages .
Liquidated damages are not a penalty. SUBCONTRACTING, NTP, PROGRESS SCHEDULES, SECTION 108 TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION 81 C. For contracts that specify contract time in calendar days or contracts that have a specified completion date, the Department will base the assessment of liquidated damages on the amounts listed under the “Calendar Day” columns of the charts provided in Section 108.9 , Schedule of Liquidated Damages . The Department will include every calendar day in the computation of liquidated damages.
assessment of liquidated damages on amounts listed under the “Working Day” column of the chart provided in Section 108.9 , Schedule of Liquidated Damages . The Department will calculate liquidated damages by counting each working day after the contract time expires.
complete the work within the contract time. No Department action is required to begin the assessment. Failure of the Department to assess liquidated damages does no t constitute a waiver of the Department’s entitlement to recover liquidated damages.
of liquidated damages due within 30 calendar days.
in the Department removing the contractor from the list of qualified bidders until the outstanding balance due is paid in full. In the case of joint ventures, the Department may remove each entity that makes up a part of the joint venture from the list of qualified bidders.
maintenance of traffic (MOT) devices or measures used during days when the Department is assessing liquidated damages. Examples of these costs include MOT devices, flag gers, traffic officers, and any lump sum MOT pay items. The Department will not pay for field office costs or the cost of providing CPM schedule updates during the liquidated damage period.
surety to continue the work after expiration of the contract time.
suspend time charges and the assessment of liquidated damages. Failure to complete all punch list work identified during the initial and primary inspections within the timeframes allotted, will result in the Department restarting liquidated damages in accordance with the chart specified in Section 108.9 , Schedule of Liquidated Damages . The assessment of post -substantial -completion liquidated damages will continue until project completion.
108.9Schedule of Liquidated Damages.
additional costs the Department and the traveling public may incur, are as follows: