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 liquidated damages will continue until project completion. Schedule of Liquidated Damages.
additional costs the Department and the traveling public may incur, are as follows:
SUBCONTRACTING, NTP, PROGRESS SCHEDULES, SECTION 108 TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION 82 Table 108.9 -1. Schedule of Liquidated Damages Awarded Contract Value Daily Charge For More Than To and Including Working Day Calendar Day $0 $100,000 $770.00 $550.00 $100,000 $500,000 $1,190.00 $850.00 $500,000 $1,000,000 $1,420 .00 $1020.00 $1,000,000 $2,000,000 $2,210 .00 $1,580.00 $2,000,000 $5,000,000 $2,520 .00 $1,800.00 $5,000,000 $10,000,000 $2,680 .00 $1,92 0.00 $10,000,000 $15,000,000 $3,100 .00 $2,220 .00 $15,000,000 $20,000,000 $4,670 .00 $3,340 .00 $20,000,000 $25,000,000 $6,040 .00 $4,320 .00 $25,000,000 $30,000,000 $7,750 .00 $5,54 0.00 $30,000,000 $35,000,000 $9,730 .00 $6,950 .00 $35,000,000 $50,000,000 $12,600.00 $9,000.00
awarded contract value exceeding $35,000,000 by Special Provision.
108.10Default of the Contract
default under the following conditions:
prompt completion of the work in accordance with the approved schedule.
correct work the engineer determines is defective or otherwise unacceptable.
stand unsatisfied for a period of 10 days.
after receiving the notice, will result in the engineer declaring the contractor in default of the contract . This action will terminate the contractor's right to proceed with the work and will give full power and authority for the work to the Department without violating the contract. The Department will take ownership of the contractor’s materials at the site suitable for use . The Department may enter into an agreement with another contractor for completion of the contract or use other methods to complete the contract.
charges the Department incurs as a result of the default, including the cost of completing the work