Art. 107.41 Prosecution and Progress The above requirements do not prohibit the operation of an auxiliary power unit or generator set as an alternative to idling the main engine of a motor vehicle operating on diesel fuel.
b.Diesel Vehicle Emissions Control. All equipment on the jobsite, with engine ratings of 50 hp and above, shall exclusively use Ultra Low Sulfur Diesel (ULSD) fuel (15 ppm sulfur content or less). The term “equipment” refers to any and all diesel powered devices to be used on the project site in excess of seven calendar days over the course of the construction period on the project site (including any “rental” equipment). The Contractor shall certify that only ULSD will be used in all jobsite equipment. The certification shall be presented to the Department prior to the commencement of the work. Any costs associated with bringing any diesel powered equipment into compliance with these diesel vehicle emissions controls shall be considered as included in the contract unit prices bid for the various items of work involved and no additional compensation will be allowed. The Contractor's compliance with this notice and any associated regulations shall also not be grounds for a claim. SECTION 108. PROSECUTION AND PROGRESS
108.01 Subcontracting. The Contractor shall not subcontract, sell, transfer,
assign, or otherwise dispose of the contract or any portion thereof, or of his/her right, title, or interest therein, without written consent of the Engineer. Notwithstanding consent to subcontract approved by the Engineer, the Contractor shall perform with the Contractor’s own organization, work amounting to not less than 50 percent of the total contract cost, and with materials purchased or produced by the Contractor. Items designated in the contract as “specialty items” may be performed by subcontract and the cost of any such specialty items so performed by subcontract may be deducted from the total cost before computing the amount of work required to be performed by the Contractor with his/her own organization. “Specialty items” will be those items so designated on the Summary of Quantities included in the plans. The Engineer may request the Contractor provide proof that any proposed subcontractor has the experience, ability, and equipment the work requires. No subcontracts, or assignments of payments due or to become due, shall in any case release the Contractor or surety of liability under the contract and bonds. All transactions of the Engineer shall be with the Contractor. The Contractor shall have a representative on the job at all times when either contract or subcontract work is being performed. All requests to subcontract shall contain a certification that the subcontract agreement exists in writing, that the subcontract incorporates by reference the terms and conditions of the contract, and that the subcontract incorporates fully therein the required Federal and State Equal Employment Opportunity provisions and labor Compliance provisions, including the contract wage requirements. The Contractor shall permit Department or Federal representatives to examine the subcontract agreements upon notice. Prosecution and Progress Art. 108.03 The Engineer may order the Contractor to remove a subcontractor who does not perform satisfactory work or does not possess the integrity, experience, ability, and equipment the work requires in accordance with the terms and conditions of this contract. The Contractor shall comply at once and shall not employ the subcontractor for any further work under this contract. All subcontractors shall be registered with the Department as a condition for approval to perform work on the contract.
108.02 Progress Schedule. After the award of the contract and prior to
starting work, the Contractor shall submit to the Engineer a satisfactory progress schedule or critical path schedule which shall show the proposed sequence of work, and how the Contractor proposes to complete the various items of work within the number of working days set up in the contract or on or before the completion date specified in the contract. This schedule shall be used as a basis for establishing the controlling item of construction operations and for checking the progress of the work. The controlling item shall be defined as the item which must be completed either partially or completely to permit continuation of progress. It shall be the responsibility of the Contractor to show the intended rate of production for each controlling item listed on the schedule during the period such item is controlling. The Contractor shall confer with the Engineer at regular intervals in regard to the prosecution of the work according to the progress schedule or critical path schedule. When the contract provides a specified number of working days and at any time the number of working days charged exceeds the proposed working days shown on the approved schedule by ten working days, the Engineer will select the controlling item of work for the purpose of charging working days. When the contract specifies a completion date and at any time the actual progress is 14 calendar days behind the proposed progress shown on the approved schedule, the Engineer will select the controlling item of work for the purpose of checking the progress of the work. The Engineer will continue to determine the controlling item until the Contractor has submitted a satisfactory revised progress schedule or critical path schedule. No payment under this contract will be made until a progress schedule has been submitted for approval. Payment may be withheld until a satisfactory schedule has been submitted and approved.
108.03 Prosecution of the Work. The Contractor shall begin the work to be
performed under the contract not later than ten days after the execution of the contract by the Department, unless otherwise provided in the contract. The work shall be prosecuted in such a manner and with such a supply of materials, equipment and labor as is considered necessary to ensure its completion according to the time specified in the contract. The Contractor shall notify the Engineer at least 24 hours in advance of either discontinuing or resuming operations. Art. 108.04 Prosecution and Progress
108.04 Working Days. When the contract provides a specified number of
working days, the charging of working days will start when the Contractor begins actual construction work, and in no case later than ten days after the execution and approval of the contract, unless otherwise provided in the contract or directed by the Engineer. A working day shall be defined as any calendar day between May 1 and November 30 inclusive, except Saturdays, Sundays, or legal holidays observed by the Contractor’s entire work force in Illinois. The length of a working day will be determined by the Engineer from the number of working hours established by actual job practice by the Contractor for the current controlling item, except not less than eight hours will be considered in the determination. A full working day will be charged for any day described in the foregoing on which conditions are such that the Contractor could be expected to do a full day’s work on the controlling item. A full working day will be charged on days when the Contractor could be working on a controlling item, but elects not to work, or elects to work elsewhere. No allowance will be made for delay or suspension of the work due to the fault of the Contractor. The Engineer will determine which days are workable. One copy of the “Weekly Report of the Resident Engineer” will be mailed to the Contractor’s office weekly. Any disagreement with the working day charges shown must be filed in writing with the Engineer within seven calendar days of receipt of the Report giving detailed reasons for the disagreement. The receipt shall be for purposes of the contract, deemed to occur three calendar days after the day of the mailing indicated on the report. The final resolution of such disagreement will be made by the Engineer. By not filing a detailed disagreement within the seven day period, the Contractor will be deemed to have accepted the report as correct and no further challenge will be allowed. The basis for charging working days shall be as follows.
a.A partial working day of one-quarter, one-half, or three-quarters will be charged under the following conditions.
1.When weather conditions do not permit the completion of a full day’s work on the controlling item.
2.When job conditions due to recent weather do not permit full efficiency of the men or equipment which are working on the controlling item.
3.A shortage of help which is beyond the Contractor’s control prevents reasonable progress on a controlling item.
4.When any condition over which the Contractor has no control prevents completing a full day’s production on the controlling item.
b.No working day will be charged under the following conditions.
1.When adverse weather prevents work on the controlling item. Prosecution and Progress Art. 108.06
2.When job conditions due to recent weather prevent work on the controlling item.
3.When work has been suspended by an act or an omission of the Department or Engineer.
4.When strikes, lock-outs, extraordinary delays caused by utility and Railroad work, extraordinary delays in transportation, or inability to procure critical materials suspend work on the controlling item, as long as these delays are not due to any fault of the Contractor.
5.When any condition over which the Contractor has no control causes suspension of work on the controlling item.
108.05 Completion Date and Completion Date Plus Working Days.
a.Completion Date. When a completion date is specified, the Contractor shall complete all work subject to the date on or before the specified date.
b.Completion Date Plus Working Days. When a completion date plus working days is specified, the Contractor shall complete the major items of work as specified in the contract, on or before the completion date. The Contractor shall complete the off-the-road or miscellaneous items of work within the specified number of working days after the completion date.
108.06 Labor, Methods, and Equipment. The Contractor shall, at all times,
employ and provide sufficient labor, tools, equipment, and other incidental items for prosecuting the work to full completion in the manner and time required by the contract. All workers shall have sufficient skills and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform all work properly and satisfactorily. Any person employed by the Contractor or by any subcontractor who, in the opinion of the Engineer, does not perform work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Engineer, be removed at once by the Contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without the approval of the Engineer. Should the Contractor fail to remove such person or persons as required above, or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the Engineer may suspend the work by written notice until such orders are complied with. All equipment which is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the project shall be such that no injury to the roadway, adjacent property, or other highways will result from its use. Art. 108.06 Prosecution and Progress When the methods and equipment to be used by the Contractor in accomplishing the construction are not prescribed in the contract, the Contractor is free to use any methods or equipment that can be demonstrated to the Engineer as satisfactory to accomplish the contract work in conformity with the requirements of the contract. When the contract specifies that the construction be performed by the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the contract, he/she may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed to be used and an explanation of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing construction work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining construction with the specified methods and equipment. The Contractor shall remove the deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the construction items involved nor in contract time as a result of authorizing a change in methods or equipment under these Provisions.
108.07 Suspension of Work. The Engineer shall have authority to suspend
the work whole or in part, when unsuitable severe weather conditions or other conditions at the site of the work make for circumstances beyond the Contractor’s control, which are unfavorable for the satisfactory performance of the work, and when the Contractor does not comply with the contract or orders of the Engineer. Orders to suspend or resume work shall be complied with immediately. If it becomes necessary to stop work for an indefinite period of time, the Contractor shall store all materials in such manner that they will not obstruct or impede the traveling public unnecessarily or become damaged in any way, take every precaution to prevent damage or deterioration of the work performed, provide suitable drainage of the roadway, and erect temporary structures where necessary. The Contractor shall not suspend work without written authority from the Engineer. The period of suspension shall not count against the time of performance established in the contract unless the suspension is ordered due to the acts or omissions of the Contractor. Extensions of time will be evaluated according to
Article 108 — 08. Except as provided herein below for suspension of an unreasonable
duration, the Contractor shall not be paid additional compensation on account of any suspension ordered pursuant to this Article. If the performance of all or any portion of the work is suspended or delayed by the Engineer in writing for an unreasonable period of time and the Contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the Contractor shall submit to the Engineer in writing a request for adjustment within seven calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. Prosecution and Progress Art. 108.08 Upon receipt, the Engineer will evaluate the Contractor’s request. If the Engineer agrees that the period of suspension was unreasonable and that the cost and/or time required for the performance of the contract has increased as a result of such suspension, the Engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. In no case shall a suspension of less than seven calendar days be considered unreasonable. No adjustment will be made for a suspension of any duration, if the suspension was caused by the acts or omissions of the Contractor, subcontractor, suppliers, or the weather. The Engineer will notify the Contractor of his/her determination whether or not an adjustment of the contract is warranted. No contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any other term or condition of this contract.
108.08 Determination and Extension of Contract Time. Determination and
extension of contract time shall be as follows.
a.Working Days. When the contract provides a specified number of working days, it is understood that completion of the work within the specified number of working days is an essential part of the contract. The Contractor’s plea that insufficient time was specified is not a valid reason for extension of time. A request for an extension of time may be initiated by either the Engineer or the Contractor. If the Department finds that the quantities of work done, or to be done, are in excess of the estimated quantities by an amount sufficient to warrant additional time, it may grant an extension of time for completion which appears reasonable and proper. The extended number of working days for completion shall then be considered as in effect the same as if it were the original time for completion.
b.Completion Date. When a completion date is specified, it is understood that time is of the essence and that completion of the work by that date is an essential part of the contract. The Contractor’s plea that insufficient time was specified is not a valid reason for extension of time. In the event of delay in the work beyond the reasonable control of the Contractor resulting from:
1.Conduct or lack of conduct by the Department or its consultants, representatives, officers, agents, or employees; or delay by the Department in making the site available; or in furnishing any items required to be furnished to the Contractor by the Department;
2.Extraordinary conditions of weather for the area and time of year with the understanding that the completion time contemplated by this contract anticipates a certain number of lost days due to normal weather conditions, therefore only unusual or extreme weather conditions for the Art. 108.08 Prosecution and Progress time of year will be considered as justification for a delay in completion of the work;
3.War, national conflicts, terrorist acts, or priorities arising therefrom, including restrictions of the ability to procure critical materials;
4.Fires;
5.Epidemics;
6.Strikes or other labor disruptions extending in duration more than five calendar days;
7.Utility or railroad adjustments;
8.Material delivery delay caused by strikes, lockouts, wrecks, or freight embargoes;
9.Subject to compliance with the requirements of Article 105.08, the operations of other contractors working within the limits of the contract or coordinated contracts; or
10.Cataclysmic events. And for no other cause or causes, the Contractor shall be entitled to a reasonable extension of time only by the amount of time the Contractor is actually delayed thereby in the performance of the work, provided notice requesting an adjustment to the completion date is given as herein provided. Contractor shall not be entitled to any extension of time unless the Contractor notifies the Department in writing within 21 calendar days of the commencement of each such delay; requests an adjustment within 21 calendar days of the conclusion of such delay; and failure of the Contractor to request an adjustment in conformity with this Article shall be deemed a waiver of the same. Interim completion dates incorporated into a contract subject to a final completion date, and completion date plus working days contracts shall be governed by these provisions. The Contractor recognizes it is imperative that the work proceed uninterrupted and shall endeavor to prevent and shall promptly cure any work stoppage caused by any labor or jurisdictional disputes arising out of the assignment of work to be performed by the Contractor or its subcontractors or subcontractors of any tier. After the Contractor has filed a request for an extension of time, the Department will notify the Contractor, in writing, whether or not such extension will be approved. The Engineer will consider how timely the Contractor prosecuted the work up to the point of the delay according to the progress schedule approved according to Article 108.02 when considering the request. No extension of time will be granted unless the delay in completion of the work was caused specifically by a delay in a portion of the work that was on the critical path of the progress schedule, and that was otherwise on schedule. If approved, the extended date for completion shall Prosecution and Progress Art. 108.09 then be considered as in effect the same as if it were the original date for completion.
c.Regardless of whether the contract is governed by (a) or (b) of this Article, extensions of time granted for reasons or events beyond the reasonable control of the Department shall be the exclusive relief provided, and no additional compensation or claim for damages will be paid or awarded under this or any other provision of the Contract unless the allowance of additional compensation or relief from damages is expressly allowed by a provision of the contract.
108.09 Failure to Complete the Work on Time. Time is of the essence to
the contract. Should the Contractor fail to complete the work within the working days stipulated in the contract or on or before the completion date stipulated in the contract or within such extended time as may have been allowed, the Contractor shall be liable and shall pay to the Department the amount shown in the following schedule of deductions, not as a penalty but as liquidated damages, for each day of overrun in the contract time or such extended time as may have been allowed. The liquidated damages for failure to complete the contract on time are approximate, due to the impracticality of calculating and proving actual delay costs. This schedule of deductions establishes the cost of delay to account for administration, engineering, inspection, and supervision during periods of extended and delayed performance. The costs of delay represented by this schedule are understood to be a fair and reasonable estimate of the costs that will be borne by the Department during extended and delayed performance by the Contractor of the work, remaining incidental work, correction of work improperly completed, or repair of work damaged as a result of the Contractor. The liquidated damage amount specified will accrue and be assessed until final completion of the total physical work of the contract even though the work may be substantially complete. The Department will deduct these liquidated damages from any monies due or to become due to the Contractor from the Department. Schedule of Deductions for Each Day of Overrun in Contract Time Original Contract Amount Daily Charges From More Than To and Including Calendar Day Work Day $ 0 $ 100,000 $ 475 $ 675 100,000 500,000 750 1,050 500,000 1,000,000 1,025 1,425 1,000,000 3,000,000 1,275 1,725 3,000,000 6,000,000 1,425 2,000 6,000,000 12,000,000 2,300 3,450 12,000,000 And over 6,775 9,525 When a completion date is specified, the daily charge will be made for every day shown on the calendar beyond the specified completion date. When the time limit is specified as working days, the daily charge will be made for each additional working day, computed as specified in Article 108.04. Art. 108.10 Prosecution and Progress If contracts are awarded on the basis of a multiple bid, the contract amounts of the individual contracts comprising the multiple bid will be totaled and the daily charge shall be that required for such total amount.
108.10 Default on Contract. If the Contractor fails to begin the work under
contract within the time specified, or fails to perform the work with sufficient workers and equipment or with sufficient materials to ensure the completion of said work within the specified time, or shall perform the work unsuitably, as determined by the Engineer, or shall neglect or refuse to remove materials or perform anew such work as shall be rejected as defective and unsuitable, or shall discontinue the prosecution of the work, or if the Contractor shall become insolvent or be declared bankrupt, or shall commit any act of bankruptcy, or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the work in a manner approved by the Engineer or otherwise fails to conform to the terms of the contract, the Engineer will give notice in writing to the Contractor and the Contractor’s surety of such delinquency, said notice to specify the corrective measures required. If the Contractor, within a period of ten days after said notice, shall not proceed according to, the Department shall, upon written certificate from the Engineer of the fact of such delinquency and the Contractor’s failure to comply with said notice, have full power and authority to forfeit the rights of the Contractor and at its option to call upon the surety to complete the work according to the terms of the contract, or it may take over the work, including any or all materials and equipment on the ground as may be suitable and acceptable, and may complete the work with its own forces, or use such other methods as, in its opinion, shall be required for the completion of said contract in an acceptable manner. When the Department calls upon the Surety to complete, the Surety shall enter upon the premises and take possession of all materials, tools, and appliances for the purpose of completing the work under the contract and employ by contract or otherwise any person or persons satisfactory to the Department to finish the work without termination of the contract. Such employment shall not relieve the Surety of its obligations under the contract and the bond. Payments on estimates covering work subsequent to the transfer shall be made to the extent permitted under law to the Surety or its agent without any right of the Contractor to make any claim. The Contractor shall bear any extra expenses incurred by the State in completing the work, including all increased cost for completing the work, and all damages sustained, or which may be sustained, by the State by reason of such breach refusal, neglect, failure, or discontinuance of work by the Contractor. After all the work contemplated by the contract has been completed, the Engineer will calculate the total expenses and damages for the completed work. If the total expenses and damages are less than any unpaid balance due the Contractor, the excess will be paid by the Department to the Surety or the Contractor. If the total expenses and damages exceed the unpaid balance, the Contractor and the Surety shall be jointly and severally liable to the Department and shall pay the difference to the Department on demand. If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Termination for Public Convenience in Article 108.12. Measurement and Payment Art. 109.01
108.11 Termination of the Contractor’s Responsibility. Whenever the
improvements called for by the contract has been completely performed on the part of the Contractor and all parts of the work have been approved by the Engineer and accepted by the Department according to the contract, and the final estimate paid, the Contractor’s obligations shall then be considered fulfilled, except those obligations which by their nature extend beyond the completion of work including but not limited to Articles 107.26, 107.27, 107.33, and 107.34.
108.12 Termination for Public Convenience. The Department may, by
written order, terminate the contract or any portion thereof after determining that for reasons beyond either Department or Contractor control, the Contractor is prevented from proceeding with or completing the work as originally contracted for, and that termination would, therefore, be in the public interest. Such reasons for termination may include, but need not be necessarily limited to, Executive Orders of the President relating to prosecution of war or national defense, national emergency which creates a serious shortage of materials, orders from duly constituted authorities relating to energy conservation, and restraining orders or injunctions obtained by third-party citizen action resulting from national or local environmental protection laws or where the issuance of such order or injunction is primarily caused by acts or omissions of persons or agencies other than the Contractor. When contracts, or any portion thereof, are definitely terminated or cancelled, and the Contractor released before all items of work included in his/her contract have been completed, payment will be made for the actual number of units of items of work completed at contract unit prices, or as specified in Article 109.06 for partially completed items, and no claims for loss of anticipated profits will be considered. Reimbursement for organization of the work and moving equipment to and from the job will be considered where the volume of the work completed is too small to compensate the Contractor for these expenses under the contract unit prices, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained by the Contractor for the work, that have been inspected, tested and accepted by the Engineer, and that are not incorporated in the work may, at the option of the Engineer, be purchased from the Contractor at actual costs as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. Termination of a contract, as stated above, will not relieve the Contractor or his/her surety of the responsibility of replacing defective work as required by the contract. SECTION 109. MEASUREMENT AND PAYMENT
109.01 Measurement of Quantities. Completed work, which is to be
measured for payment, will be measured by the Engineer according to the United States standard measures. The units of measure shall be English (metric) and shall correspond to the units in the contract. Metric units are generally “hard” converted and Appendix B of this book lists conversion factors for the exact English equivalents.
Referenced in this section
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Source: Illinois Standard Specifications for Road and Bridge Construction, 2022 Edition. Pages 67–76 of 1,217. View official source ↗