108PROSECUTION AND PROGRESS

108.01Subletting of Contract

The contract, contracts, or portions thereof; or the right, title, or interest therein shall not be sublet, sold, transferred, assigned, or otherwise disposed of without written consent. In case such consent is given, the Contractor will be allowed to sublet a portion thereof, but shall perform with its own organization, work amounting to not less than 50% of the original or revised contract amount, whichever is less. All items designated in the contract as specialty ite ms may be performed by subcontract. The cost of such specialty items so performed by subcontracts may be deducted from the 10 total cost before computing the amount of work required to be performed by the Contractor with its own organization. No subcontracts or transfer of contracts will release the Contractor of liability unde r the contract and bonds. Approved subcontractors will not be allowed to further subcontract their work.

Unless the Department provides written consent, the Contractor shall not be entitled to any payment for subcontracted work or materials unless it is performed or supplied by a subcontractor approved on the contract prior to the work being performed.

The minimum wage for labor as stated in the Proposal shall apply to all labor performed on all work sublet, assigned, or otherwise disposed of in any way.

The Contractor or subcontractor may enter into leases or rental agreements for equipment with operators or trucks with drivers. When certified payrolls are required, they shall be submitted for all such equipment operators and truck drivers who perform work. This payroll shall verify that these employees have been paid not less than the predetermined wage rate set out elsewhere in the contract for the classification of work performed.

The subcontractor shall be in acco rdance with the requirements of 105 IAC 11-2-10, Subcontractors.

The Contractor shall submit payment records through the Department’s Subcontractor Payment Tracking System (http://itap.indot.in.gov) of all payments made to subcontractors and DBE, MBE, WBE, and IVOSB firms approved by the Department. Reports shall be submitted no later than 10 days after the end of each month in which a subcontractor is paid for work on the contract. Reports shall include any release of retainage payments made to subcontractors.

All subcontractors and DBE, MBE, WBE, and IVOSB firms approved by the Department shall verify all payments made to them through the Department’s Subcontractor Payment Tracking System (http://itap.indot.in.gov). All payments received for work on the contract shall be ve rified no later than 20 days after the end of the month in which payment was received.

108.01

108.02Release of Retainage to Subcontractors

If the Contractor is withholding portions of payments due subcontractors as retainage, the Contractor shall release such retainage to the subcontractor within 30 calendar days after satisfactory completion of the work performed by the 50 subcontractor.

For the purposes of this section, satisfactory completion will be interpreted as when the subcontractor has completed all physical work and completed other contract requirements, including the submission of all submittals required by the specifications and the Department.

108.03Notice to Proceed

Unless otherwise provided, the Contractor will be expected to start active and continuous work on the contract within 15 calendar days after the date of the notice to 60 proceed. Work shall not begin prior to the date of the notice to proceed.

If a delayed starting date is indicated in the proposal, the 15-calendar day limitation will be waived. Work day charges will then begin on a date mutually agreed upon, but not later than the delayed starting date specified. If the contract is canceled after an award has been made but prior to the issuing of the notice to proceed, no reimbursement will be made for any expenses accrued relative to this contract during that period.

If the contract involves demolition work, the Contractor shall not enter the parcel 70 or proceed with the demol ition without written authority from the Engineer. The Contractor will be compensated only for those houses and buildings which are actually removed from the right-of-way. Time of commencing demolition work and time of completion shall be in accordance with 108.08.

108.04Prosecution of the Work

A pre-construction conference will be held at the earliest possible date, at which time it will be determined when the Contractor’s operations will start.

For contracts greater than 60 calendar days in duration, excluding the months of 80 December through March inclusive, or 35 work days, and except for those with an M prefix, the Contractor shall provide a project schedule using the critical path method. The initial schedule shall be provided at the pre-construction conference. The initial schedule shall include at the least the first 90 calendar days of work. The Contractor shall use computer software designed to produce such schedules. Within 7 days after the pre-construction conference, the Engineer will either accept the schedule or request a revision. If 7 days elapse with no comment by the Engineer, the schedule will be considered accepted. All schedule updates will be accepted in the same manner. Acceptance of the schedule does not revise the contract documents. The Engineer will not be responsible for the schedule’s completeness, accuracy, or compliance with the 90 plans and specifications. Within 30 calendar days of the pre-construction conference, the initial schedule shall be updated to include the full contract duration. 108.04

The schedule shall indicate the order and interdependence of activities needed to complete the project including the critical path. The Contractor shall include the planned hours of work per week as part of the schedule submittal.

The schedule shall reflect the scope of work, construction phasing, maintenance of traffic control, environmental requirements, utility and railroad coordination, coordination with other contractors, and any other work included in the contract. The 100 schedule shall include:

subcontractors.

Department, other units of government, regulatory agencies, utilities, and any other parties necessary to complete the work as described in the contract.

submittals, material procurement and fabrication, and the delivery of significant materials and equipment and other similar activities.

milestones established by the contract documents.

For contracts not requiring a critical path method schedule, the Engineer may require the Contractor to furnish a bar chart or narrative at the pre-construction conference. This shall include the start dates and estimated times required to prosecute the significant activities and phases of work.

Sufficient materials, equipment, and labor shall be provided to guarantee the completion of the project in accordance with the plans a nd specifications within the specified completion time. The Engineer shall be notified at least three days in advance of the date on which the work is expected to begin.

The Department and the Contractor sh all meet at least twice each month to compare actual progress to the currently accepted schedule. The Contractor shall supply sufficient information for the Department to plan inspection services until the next scheduled meeting. A lookahead schedule may be provided consistent with the project schedule to convey this level of detail.

Schedules shall be provided in a format acceptable to the Engineer.

108.04

If, in the opinion of the Engineer, construction progress has been or will be materially affected by changes in the plans or in the quantities of work, or if 140 performance is two weeks or more behind the current accepted schedule, a revised schedule shall be submitted within five business days of the Engineer’s request. Existence of a current and accepted sche dule will be a condition precedent to the processing and payment of a partial pay estimate.

If the prosecution of the work is discontinued, the Engineer shall be notified at least 24 h in advance of resuming operations.

During the progress of the work, the Engineer shall be notified at least 24 h in advance of undertaking construction operations. This advance notification shall also 150 apply anytime a DBE is scheduled to work on a project or deliver material or supplies to a project site.

For those contracts not requiring waterway permits or a Construction Stormwater General Permit, the Contractor shall submit a written site plan to the Engineer describing the following:

fueling locations, construction trailers, batch plants, and designated concrete truck washout locations.

facilities and fueling and concrete washout locations.

Based on changes in scope, in accordance with 104.02 and 104.03, the Engineer may request a cost breakdown of the stormwater management implementation item, when the item exists within the contract.

The site plan shall be submitted for acce ptance seven calendar days prior to the start of any construction activity. Construction activities shall not begin until the written site plan has been approved by the Engineer.

The cost of preparation of the site plan described above shall be included in the cost of other items of the contract. The cost of the stormwater management implementation item of the site plan will be paid for in accordance with 205.11.

For contracts not requiring waterway permits but having a Stormwater Management Budget, the Contractor shall locate, install, maintain and remove 180 temporary stormwater, sediment, and erosion control BMPs, for land-disturbing activity areas in acco rdance with 205. An SWQCP will not be required for these contracts.

108.04

For contracts requiring a CSGP, an SWQCP shall be developed and submitted to the Engineer for review, in accordance with 205.03.

For contracts requiring waterway permits and no CSGP, a written site plan shall be developed and submitted to the Engineer for review, as specified herein.

Borrow and disposal sites shall be in accordance with 203.08. When required by a CSGP, stockpile and storage sites shall have their own permit. The Contractor shall submit an NOS to the Engineer prior to the beginning of operations at those locations. An NOI with an IDEM time stamp 48 h prior to the beginning of operations at these locations shall also meet these requirements.

When temporary construction materials are no longer required or used for maintenance of traffic or for other temporary purposes, such materials shall be removed and disposed of as provided herein. If temporary roadbed or asphalt pavement materials are used for embankment construction, such materials will be 200 classified as excavation and paid for at th e contract unit price per cubic yard for the type of excavation shown in the Schedule of Pay Items. No allowance will be made for overhaul or added haul. If temporary HMA pavement materials are used in the work for subbase, base, approaches, or for new shoulder construction, such materials will be paid for as salvaged road material in accordance with 613.

Temporary concrete pavement, temporary concrete base, or temporary concrete

widening, when no longer required for maintenance of traffic, shall be removed and

disposed of in accordance with 202.05. Such removal and disposal will be paid for in

accordance with 202.14.210

Temporary drainage structures, temporary concrete median barriers, and other

temporary devices required and used for the maintenance of traffic shall remain the

property of the Contractor. All costs for furnishing, placing, maintaining, removal, and

disposal of temporary drainage structures shall be included in the contract lump sum

price for maintaining traffic. If there is no pay item for maintaining traffic, these costs

shall be included in the various pay items listed in the proposal, unless otherwise

provided.

108.05Pre-phase Site Construction Meetings220

A pre-phase site construction meeting shall be scheduled and conducted by the

Contractor prior to the beginning of work on each major work phase. These meetings

are intended to help improve the quality of construction, personnel safety on the

project site, and safety of the traveling public. These meetings shall include all

subcontractors connected with the particular phase. When the conditions described in

105.07are possible during a particular phase, the other Contractors shall be invited to

attend. The Department’s project staff and the Area Engineer shall be invited to attend.

At each meeting, the Contractor shall indicate its current schedule for the phase,

discuss maintenance of traffic control, project site personnel safety, compliance with230

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the plans and specifications including quality construction, and all other pertinent

subjects.

The number of pre-phase site construction meetings will be determined at the

pre-construction conference. No additional payment will be made for these meetings.

108.06Limitation of Operations

The work shall be conducted in such a manner and in such sequence as ensures

the least interference with traffic. Due regard shall be given to the location of detours

and to the provisions for handling traffic. Work shall not be started to the prejudice or240

detriment of work already begun. The completion of a section on which work is in

progress may be required before work is started on additional sections, if opening such

section is essential to public convenience.

Except as hereinafter specified, no load of material for any construction shall be

dispatched so late in the day that it cannot be placed, finished, and protected within

the specification’s limits and provisions during daylight of that same day. Daylight

will be defined as the period between sunrise and sunset as established by the National

Weather Service. When it is important that construction shall be completed at an early

date, work may be allowed at times other than daylight hours provided sufficient250

illumination is available and that work performed under these conditions complies in

every respect with the terms and conditions of the contract.

108.07Character of Workers, Methods, and Equipment

Sufficient labor and equipment for prosecuting the several classes of work shall

be employed at all times to full completion in the manner and time required by these

specifications.

All workers shall have sufficient skill and experience to perform properly the

work assigned to them. Workers engaged in special or skilled work shall have260

sufficient experience in such work and in the operation of the equipment required to

perform all work properly and satisfactorily.

Each person employed by the Contractor or by each subcontractor who does not

perform in a proper and skillful manner or is intemperate or disorderly shall, at the

written request of the Engineer, be removed forthwith by the employer of such person.

The person shall not be employed again in any portion of the work without approval.

If the person is not removed as required herein, or if suitable and sufficient personnel

for proper prosecution of the work are not furnished, all estimates may be withheld or

the work suspended by written notice until these requirements have been met.270

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 which was originally developed to be used

in performing work in International System measurements may be used in performing

work in English System measurements. Where possible, such equipment shall be

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adjusted to the English System measurements. Where equipment cannot be adjusted,

it shall then be made compatible, as required, to satisfactorily be used for performing

work in English System measurements in accordance with 101.46, 105.03, 109.01(a),

and 109.01(i). Equipment used on the project shall not cause damage to the roadway,280

adjacent property, or other highways from its use.

Construction equipment, which is used in recreational areas, shall not be left

parked in existing parking areas or on existing park road pavements except as may be

necessary during the time construction work is in progress. All damage to such

roadways or parking lot pavements caused by equipment, such as gouge marks or

petroleum leakage, shall be repaired with no additional payment in accordance with

the applicable requirements of 107.14 or as directed.

When the methods and equipment to be used in accomplishing the construction290

are not prescribed in the contract, any methods or equipment that will accomplish the

work in accordance with the contract may be used.

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. If the use of a method or type of equipment other than those

specified in the contract is desired, authority to do so may be requested. 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 shall be fully300

responsible for producing construction work in accordance with contract

requirements. If, after trial use of the substituted methods or equipment, it is

determined that the work produced does not meet contract requirements, the use of the

substitute methods or equipment shall be discontinued and the remaining construction

shall be completed with the specified methods and equipment. The deficient work shall

be removed and replaced with work of specified quality or other corrective action shall

be taken as directed. No change will be made in basis of payment for the construction

items involved or in contract time as a result of authorizing a change in methods or

equipment under these provisions.

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108.08Determination and Extension of Contract Time

The number of days allowed for the completion of the work included in the

contract will be stated in the Proposal and will be known as the contract time.

If the contract time is on a work day basis, as defined in 101.78, a weekly

statement showing the number of days charged to the contract to date and for the

preceding week, the number of days specified for completion of the contract, and the

days remaining and the controlling operation will be furnished. The Contractor will be

allowed one week from the date it receives the statement in which to file a written

protest setting forth in what respect the weekly statement is incorrect. Otherwise, the320

statement will be deemed to have been accepted by the Contractor as correct. For the

purpose of computation, work days will be considered as beginning on the fifteenth

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calendar day after the date of the notice to proceed. All calendar days elapsing between

the effective dates of orders to suspend work and to resume work for suspensions

which are not the fault of the Contractor will be excluded.

If the contract time is on a calendar day basis, it shall consist of the number of

calendar days stated in the contract including all Sundays, holidays, and non-work

days counting from the date of the notice to proceed. All calendar days elapsing

between the effective dates of any orders to suspend work and to resume work for330

suspensions not the fault of the Contractor will be excluded. A weekly statement

showing the controlling operation will be furnished. The Contractor will be allowed

one week from the date it receives the statement in which to file a written protest

setting forth in what respect said weekly statement is incorrect. Otherwise, the

statement will be deemed to have been accepted by the Contractor as correct.

If the contract time is a fixed calendar date, it shall be the date on which all work

on the contract shall be completed. For such contracts, an extended date of completion

will be considered for delay in the issuance of the notice to proceed if the notice to

proceed is not issued within 30 days of the letting, except if the delay is due to the340

failure of the Contractor to furnish requested forms or information. Unless otherwise

determined, an extension to the contract completion date and intermediate completion

date will be allowed for each calendar day from 30 days after the date of the letting to

and including the date of the notice to proceed. A weekly statement showing the

controlling operation will be furnished. The Contractor will be allowed one week from

the date it receives the statement in which to file a written protest setting forth in what

respect said weekly statement is incorrect. Otherwise, the statement will be deemed to

have been accepted by the Contractor as correct.

The number of days for performance shown in the contract as awarded will be350

based on the original quantities as defined in 104.02.

increase in quantities will not increase the time specified for the

performance of the contract.

determined, an increase in quantities will not increase the time

specified.

360

If an intermediate completion time is specified for road closure or

restriction, the first day or portion thereof of the closure or restriction

will constitute the first chargeable day. The date the road is opened

to unrestricted traffic will be counted as a chargeable day, regardless

of the time of day when the roadway is opened. Open to unrestricted

traffic shall be as defined in 101.36. Temporary pavement marking

materials in accordance with 801.12 shall be placed if the final

marking materials cannot be placed in accordance with 808.07(b).

108.08

94

If the Contractor finds it impossible for reasons beyond its control to complete the370

work within the contract time as specified prior to the expiration of the contract time,

a written request in accordance with 105.16 may be made for an extension of time

setting forth therein the reasons which will justify the granting of the request. A plea

that insufficient time was specified is not a valid reason for extension of time. If the

Engineer finds that the contract controlling operation was delayed due to an excusable

delay under 108.08(a) or 108.08(b), the Department will extend the contract time for

completion in such amount as the conditions justify. The extended time for completion

shall then be in full force and effect, the same as though it were the original time for

completion. The Department will not extend contract time for a non-excusable delay

under 108.08(c).380

Contractors shall not work during the following holiday periods unless prior

written approval is received from the Engineer. All deliveries and traffic coming from

suppliers shall cease during the Department-ordered suspensions of work listed below.

No time extensions to closure periods, intermediate completion dates, or contract

completion dates will be granted for suspending work during these holiday periods.

be suspended from noon December 31 until sunrise January 3. If

New Year’s Day falls on a Monday through Saturday, work shall390

be suspended from noon December 31 until sunrise January 2.

until sunrise Monday.

before Memorial Day until sunrise Tuesday, the day after

Memorial Day.

Sunday - Work shall be suspended from noon Friday,

July 2, until sunrise Tuesday, July 6.

Monday - Work shall be suspended from noon Friday,

July 1, until sunrise Tuesday, July 5.

Tuesday - Work shall be suspended from noon Friday,

June 30, until sunrise Wednesday, July 5.

410

Wednesday - Work shall be suspended from sunset on

Tuesday, July 3, until sunrise Thursday, July 5.

Thursday - Work shall be suspended from noon

Wednesday, July 3, until sunrise Monday, July 8.

108.08

95

Friday - Work shall be suspended from noon Thursday,

July 3, until sunrise Monday, July 7.

Saturday - Work shall be suspended from noon Thursday,420

July 2, until sunrise Monday, July 6.

Labor Day until sunrise Tuesday, the day after Labor Day.

Wednesday before Thanksgiving Day until sunrise the Monday

after Thanksgiving Day.

until sunrise December 27.

The Department may order the suspension of work, either wholly or in part, for a

period of time for certain holidays not already specified herein. For such orders, if the

contract suspension is not stated in the contract documents, the contract completion

time will be adjusted as follows:

will be charged on those days that work on the controlling operation

is suspended.440

calendar days on which work on the controlling operation is

suspended will be excluded.

will be extended by the number of days that work on the controlling

operation is suspended.

will be adjusted in accordance with the requirements of (a) or (b),

above as appropriate, provided that the suspension occurs within the

time period while the intermediate completion time is in effect.

If the Department does not order the suspension of work for certain holidays, work

may be performed on those holidays. On a work day contract, a work day will be

charged for each holiday worked. On a completion date contract, the contract

completion time will not be shortened by the number of holidays worked.

Contract time will not be charged during the required cure period for concrete460

surfaces requiring a sealer, provided all other contract work is completed and all lanes

108.08

96

are open to traffic. Charging of contract time will resume after the required cure period.

The contract time will be adjusted as follows:

will not be charged for those days on which work is suspended.

calendar days on which work is suspended will be excluded.

470

will not be extended.

If an extension of time on a calendar day contract or a calendar completion date

contract extends the completion date past November 30, the days remaining after

November 30 will be added to April 1, of the following year for the contract

completion date, providing the project could be suitably opened to traffic in

accordance with 107.18.

Completion of the removal of houses and buildings on time, if specified, shall be480

in accordance with the requirements herein.

Not all parcels shown in the Schedule of Pay Items will be available for demolition

at the time of the letting. Houses and buildings shall be removed as soon as they are

vacated in accordance with the procedure as follows:

specified in 108.03 will not apply.

issuing the notice to proceed as specified in 108.08 will not apply to

a contract for which demolition is the majority of the contract work.

notify the Contractor of the availability of such parcels. The

Contractor shall commence work within five calendar days from the

date of receipt of such notification. Inspection and testing for

asbestos presence or filing a notification of demolition with the

IDEM will be considered as part of the work.

500

of the date of receipt of notification, $100.00 will be assessed as

liquidated damages, not as a penalty, but as damages sustained for

each calendar day after five on which work has not commenced.

the work shall progress continuously and shall be completed within

60 calendar days. If such work is not completed within 60 calendar

108.08

97

days, $100.00 will be assessed as liquidated damages, not as a

penalty, but as damages sustained for each calendar day after 60 on510

which work is not completed.

separate five calendar day starting period and 60 calendar day

completion time, regardless of the number of parcels which are

shown in each notification.

Excusable, non-compensable delays are delays that are not the fault or

responsibility of the Contractor or the Department. The following are excusable, non-520

compensable delays:

of Government or political subdivision other than the

Department.

or other cataclysmic phenomena of nature.

reasonable power to settle.

its suppliers cannot foresee or avoid resulting from freight

embargoes, government acts, or wide-area material shortages.

Delays due to the Contractor’s, subcontractor’s or supplier’s

insolvency or mismanagement are not excusable.

540

101.02

changes as defined in 104.02(c).

The Department will extend the contract time for completion but will not pay for

any costs associated with an excusable, non-compensable delay.

Excusable, compensable delays are delays that are not the fault or responsibility

of the Contractor and are the fault or responsibility of the Department. The following

are excusable, compensable delays:

108.08

98

104.02(a), significant changes in the character of work in

accordance with 104.02(c), or extra work in accordance with

104.03

accordance with 104.02(b).

within the project limits.

The Department will extend the contract time for completion and will pay for

delay costs covered under item 1 above in accordance with 104.03.

The Department will make payment for delay costs under items 2 and 3 above in

accordance with 109.05.2.570

Non-excusable delays are delays that are the fault or responsibility of the

Contractor. The Department will not extend the contract time or compensate the

Contractor for delay costs due to non-excusable delays.

Concurrent delays are separate delays to the controlling operation or critical path

that occur at the same time. When an excusable, non-compensable delay is concurrent

with an excusable, compensable delay, the Department will extend the contract time580

but will not make payment for delay costs. When a non-excusable delay is concurrent

with an excusable delay, the Department will not extend the contract time and will not

make payment for delay costs.

108.09Failure to Complete on Time

For each calendar day, as specified, that work shall remain incomplete during the

months of April through November inclusive, after the control time specified for the

completion of the work provided for in the contract, the sum specified in the Proposal

or Special Provisions will be deducted, as liquidated damages, from any money due

the Contractor. Account will be taken of adjustment of the contract time for completion590

of the work granted in accordance with 108.08. Calendar days will not be charged

while waiting for final inspection as defined in 105.15 provided all contract work has

been satisfactorily completed. However, five work days will be allowed after

notification from the Department to complete all corrective or clean up work necessary

for final inspection. Thereafter, time will be charged for each day the work remains

uncompleted. Further, 10 calendar days will be allowed after notification by the

Department to remove all construction signs and temporary traffic control devices.

Thereafter, time will be charged for each day the signs and devices remain.

For each calendar day, as specified, that any work shall remain incomplete during600

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99

the months of December through March inclusive, liquidated damages will be

assessed. However, when the project is open for its intended purpose or modified for

safe use, liquidated damages will not be deducted, and payment for the field office and

field laboratory, if set out as a pay item in the itemized proposal, will not be made.

Intended purpose will include all pavement lanes, sidewalks, trails, drainage features,

and all safety appurtenances. The Contractor may be required to make temporary

repairs to the pavement or structures. Liquidated damages will be assessed until

temporary repairs are made. No payment will be made for such temporary repairs.

If the contract is not completed, or the pavement or structure is not opened to610

traffic within the stipulated time as set out in the Proposal, the Department may reduce

the qualified rating of the Contractor for bidding on future contracts.

Allowing the Contractor to continue and finish the work or a part of it after the

time fixed for its completion, or after the date to which the time for completion may

have been extended, will in no way be considered as a waiver on the part of the

Department of any of its rights under the contract.

Adjustments to the contract payment with respect to liquidated damages will be

included in a liquidated damages pay item. The unit price for this pay item will be620

$1.00 and the quantity will be in units of dollars. The quantity is the total calculated in

accordance with the Proposal or Special Provisions.

108.10Default and Termination of Contract

Notice in writing will be given to the Contractor and its surety of delay, neglect,

or default if the Contractor:

or with sufficient materials to ensure the prompt completion of said

work,

materials or performs anew such work as may be rejected as

unacceptable and unsuitable,

reasonable time after notice to do so,

bankruptcy or insolvency,

10 days,

108.10

100

650

acceptable manner, or

the bid, or fails to provide information regarding the implementation

of the employee drug testing plan when requested by the

Department, or provides false information regarding implementation

of the employee drug testing plan.

If the Contractor or surety does not proceed in accordance therewith within a660

period of 10 days after such notice, then the Department will, upon written notification

from the Engineer of the fact of delay, neglect, default, or the failure of the Contractor

to comply with such notice, have full power and authority, without violating the

contract, to take the prosecution of the work away from the Contractor. The

Department may appropriate or use materials and equipment on the ground as may be

suitable and acceptable and may enter into an agreement for the completion of said

contract according to the terms and provisions thereof. Other methods required for the

completion of the contract in an acceptable manner may be used.

All costs and charges incurred by the Department, together with the cost of670

completing the work under the contract, will be deducted from any monies due or

which may become due. If such expense exceeds the sum which would have been

payable under the contract, the Contractor and the surety shall be liable and shall pay

to the Department the amount of such excess.

108.11Termination of Contractor’s Responsibility

The contract shall be considered as completed after all work provided for therein

has been accepted. The Contractor shall then be released from all further obligations

except as provided in 107.23 and 109.08.

680

The Department may, by written order, terminate the contract or a portion thereof

only after a meeting with the Contractor, and after determining that termination would

be in the public interest. Reasons for termination will include, but will not be limited

to, the following:

national defense,

690

108.11

101

conservation,

action resulting from national or local environmental protection

laws, or where the issuance of such order or injunction is primarily700

caused by acts or omissions of persons or agencies other than the

Contractor,

to complete the contract and the construction covered thereby within

a reasonable length of time on account of inability to obtain

materials or satisfactory substitutes therefore which do not change

the general type of construction or labor.

In such cases, work performed, including partially completed items, will be paid710

for in full at the contract unit prices for the actual quantities of work done, which prices

will not be subject to change if the quantity for a pay item or items is increased or

decreased more than 20%. Should such relief from performance of a portion of the

contract or such elimination of a portion of the contract directly cause the loss of work

or material already furnished under the terms of the contract, the actual cost of such

work or of salvaging such material will be reimbursed. All such material may, at the

option of the Department, be purchased at its actual cost. Anticipated profit on work

not performed will not be allowed. Final settlement will depend upon the merits of the

individual case. All actual damages will be paid following a meeting with the

Contractor to determine if payment of actual damages is appropriate and in accordance720

with applicable laws.

108.12Contract Documentation

The Contractor shall furnish upon request, all documentation relating to its

performing as a Contractor or subcontractor on a contract. The requested information

may be, but is not limited to payroll records, material invoices, subcontract agreements

with pertinent attachments, lease agreements, and Equal Employment Opportunity

documentation.