Prosecution and Progress
108.01 SUBLETTING OF CONTRACT. The contractor shall not sublet
any portion of the contract, excluding material, without written consent, including work sublet to an authorized Disadvantaged Business Enterprise. If such consent is given, the contractor will be permitted to sublet a port ion of the work, but shall perform with the contractor's own organization work amounting to at least 50 percent of the total contract amount as established in contractor’s bid . Any items designated in the contract as “Specialty Items” may be performed by subcontract and the cost of such may be deducted from the total contract cost before computing the amount of work required to be performed by the contractor with the contractor's own organization. The contractor shall indemnify the Department, its officers , and employees from any loss of any kind, including loss of funding, resulting from its failure to perform at least 50 percent of the total contract cost, as provided above. By executing the contract, contractor acknowledges and agrees that a subcontract shall incorporate all applicable requirements and provisions of the contract between it and the Department, including the insurance requirements in 101.01 , and that subcontracts do not relieve contractor of any of its obligations, liabilities, or guarantees under this contract or included bonds. The contractor shall indemnify the Department, its officers, and employees from any loss of any kind, including loss of fun ding, resulting from the failure of any of its subcontractors to comply with the terms of this contract. Any such indemnification will be in addition to, if applicable, the terms of the Required Contract Provisions For DBE (or SBE) Participation In Federal Aid Construction Contracts . Any failure by the contractor to comply with the Required Contract Provisions For DBE Participation In Federal Aid Construction Contracts may result, at the discretion of the Department, in a reduction of payment up to the full federal participation in said payment for any item(s) of affected work, whether or not the work itself is acceptable. Such reduction may not be applied to the payment of a DBE unless the DBE is the proximate cause of said reduction. A subcontracto r shall not further subcontract to a third party any portion of its authorized work, including work sublet to an authorized Disadvantaged Business Enterprise but excluding acquisition of material s, without prior written consent from the Department’s Compli ance Program and Construction Division. If consent is given, the contractor will then be required to submit a OMF – 1A, Request to Sublet form to the Compliance section.
108.02 COMMENCEMENT OF WORK. The “Notice to Proceed” will
stipulate the date on which the contractor shall begin work, which date shall be the beginning of contract time charges.
108.03 CONSTRUCTION PROGRESS SCHEDULE. Prior to or at the
preconstruction conference and before beginning work on the project, the contractor shall submit to the project engineer a Construction Progress Schedule giving a satisfactory schedule of operations that provides for completion of the work within the contract time. This schedule shall be on the prescribed bar graph form. The contractor shall have copies of the schedule available at the preconstruction conference. If the contractor's operations are affected by changes in the plans or amount of work, or if the contractor has failed to comply with the approved schedule, or if requested by the engineer, the contractor shall submit a revised Construction Progress Schedule for approval. This revised schedule shall show how the contractor proposes to prosecute the balance of the work. If a revised schedule has been requested by the engineer, the contractor shall submit the revised schedule within 14 calendar days after the date of request or progress payments may be withheld. The approved Construction Progress Schedule will be used as the basis of establishing the c ontrolling item of work, charging contract time and as a check on the progress of the work. The Construction Progress Schedule shall show only one controlling item of work for each contract day. If the Construction Progress Schedule has not been approved prior to the issuance of the Notice to Proceed, the engineer will establish the controlling work item and charge contract time accordingly.
108.04 Prosecution of Work.
108.04.1 General: The contractor shall provide sufficient materials,
equipment , and labor to complete t he project in accordance with the plans and specifications within the contract time. If the completed work is behind A subcontracto r shall not further subcontract to a third party any portion of its authorized work, including work sublet to an authorized Disadvantaged Business Enterprise but excluding acquisition of material s, without prior written consent from the Department’s Compli ance Program and Construction Division. If consent is given, the contractor will then be required to submit a OMF – 1A, Request to Sublet form to the Compliance section.
108.02 COMMENCEMENT OF WORK. The “Notice to Proceed” will
stipulate the date on which the contractor shall begin work, which date shall be the beginning of contract time charges.
108.03 CONSTRUCTION PROGRESS SCHEDULE. Prior to or at the
preconstruction conference and before beginning work on the project, the contractor shall submit to the project engineer a Construction Progress Schedule giving a satisfactory schedule of operations that provides for completion of the work within the contract time. This schedule shall be on the prescribed bar graph form. The contractor shall have copies of the schedule available at the preconstruction conference. If the contractor's operations are affected by changes in the plans or amount of work, or if the contractor has failed to comply with the approved schedule, or if requested by the engineer, the contractor shall submit a revised Construction Progress Schedule for approval. This revised schedule shall show how the contractor proposes to prosecute the balance of the work. If a revised schedule has been requested by the engineer, the contractor shall submit the revised schedule within 14 calendar days after the date of request or progress payments may be withheld. The approved Construction Progress Schedule will be used as the basis of establishing the c ontrolling item of work, charging contract time and as a check on the progress of the work. The Construction Progress Schedule shall show only one controlling item of work for each contract day. If the Construction Progress Schedule has not been approved prior to the issuance of the Notice to Proceed, the engineer will establish the controlling work item and charge contract time accordingly.
108.04 Prosecution of Work.
108.04.1 General: The contractor shall provide sufficient materials,
equipment , and labor to complete t he project in accordance with the plans and specifications within the contract time. If the completed work is behind A subcontracto r shall not further subcontract to a third party any portion of its authorized work, including work sublet to an authorized Disadvantaged Business Enterprise but excluding acquisition of material s, without prior written consent from the Department’s Compli ance Program and Construction Division. If consent is given, the contractor will then be required to submit a OMF – 1A, Request to Sublet form to the Compliance section.
108.02 COMMENCEMENT OF WORK. The “Notice to Proceed” will
stipulate the date on which the contractor shall begin work, which date shall be the beginning of contract time charges.
108.03 CONSTRUCTION PROGRESS SCHEDULE. Prior to or at the
preconstruction conference and before beginning work on the project, the contractor shall submit to the project engineer a Construction Progress Schedule giving a satisfactory schedule of operations that provides for completion of the work within the contract time. This schedule shall be on the prescribed bar graph form. The contractor shall have copies of the schedule available at the preconstruction conference. If the contractor's operations are affected by changes in the plans or amount of work, or if the contractor has failed to comply with the approved schedule, or if requested by the engineer, the contractor shall submit a revised Construction Progress Schedule for approval. This revised schedule shall show how the contractor proposes to prosecute the balance of the work. If a revised schedule has been requested by the engineer, the contractor shall submit the revised schedule within 14 calendar days after the date of request or progress payments may be withheld. The approved Construction Progress Schedule will be used as the basis of establishing the c ontrolling item of work, charging contract time and as a check on the progress of the work. The Construction Progress Schedule shall show only one controlling item of work for each contract day. If the Construction Progress Schedule has not been approved prior to the issuance of the Notice to Proceed, the engineer will establish the controlling work item and charge contract time accordingly.
108.04 Prosecution of Work.
108.04.1 General: The contractor shall provide sufficient materials,
equipment , and labor to complete t he project in accordance with the plans and specifications within the contract time. If the completed work is behind A subcontracto r shall not further subcontract to a third party any portion of its authorized work, including work sublet to an authorized Disadvantaged Business Enterprise but excluding acquisition of material s, without prior written consent from the Department’s Compli ance Program and Construction Division. If consent is given, the contractor will then be required to submit a OMF – 1A, Request to Sublet form to the Compliance section.
108.02 COMMENCEMENT OF WORK. The “Notice to Proceed” will
stipulate the date on which the contractor shall begin work, which date shall be the beginning of contract time charges.
108.03 CONSTRUCTION PROGRESS SCHEDULE. Prior to or at the
preconstruction conference and before beginning work on the project, the contractor shall submit to the project engineer a Construction Progress Schedule giving a satisfactory schedule of operations that provides for completion of the work within the contract time. This schedule shall be on the prescribed bar graph form. The contractor shall have copies of the schedule available at the preconstruction conference. If the contractor's operations are affected by changes in the plans or amount of work, or if the contractor has failed to comply with the approved schedule, or if requested by the engineer, the contractor shall submit a revised Construction Progress Schedule for approval. This revised schedule shall show how the contractor proposes to prosecute the balance of the work. If a revised schedule has been requested by the engineer, the contractor shall submit the revised schedule within 14 calendar days after the date of request or progress payments may be withheld. The approved Construction Progress Schedule will be used as the basis of establishing the c ontrolling item of work, charging contract time and as a check on the progress of the work. The Construction Progress Schedule shall show only one controlling item of work for each contract day. If the Construction Progress Schedule has not been approved prior to the issuance of the Notice to Proceed, the engineer will establish the controlling work item and charge contract time accordingly.
108.04 Prosecution of Work.
108.04.1 General: The contractor shall provide sufficient materials,
equipment , and labor to complete t he project in accordance with the plans and specifications within the contract time. If the completed work is behind A subcontracto r shall not further subcontract to a third party any portion of its authorized work, including work sublet to an authorized Disadvantaged Business Enterprise but excluding acquisition of material s, without prior written consent from the Department’s Compli ance Program and Construction Division. If consent is given, the contractor will then be required to submit a OMF – 1A, Request to Sublet form to the Compliance section.
108.02 COMMENCEMENT OF WORK. The “Notice to Proceed” will
stipulate the date on which the contractor shall begin work, which date shall be the beginning of contract time charges.
108.03 CONSTRUCTION PROGRESS SCHEDULE. Prior to or at the
preconstruction conference and before beginning work on the project, the contractor shall submit to the project engineer a Construction Progress Schedule giving a satisfactory schedule of operations that provides for completion of the work within the contract time. This schedule shall be on the prescribed bar graph form. The contractor shall have copies of the schedule available at the preconstruction conference. If the contractor's operations are affected by changes in the plans or amount of work, or if the contractor has failed to comply with the approved schedule, or if requested by the engineer, the contractor shall submit a revised Construction Progress Schedule for approval. This revised schedule shall show how the contractor proposes to prosecute the balance of the work. If a revised schedule has been requested by the engineer, the contractor shall submit the revised schedule within 14 calendar days after the date of request or progress payments may be withheld. The approved Construction Progress Schedule will be used as the basis of establishing the c ontrolling item of work, charging contract time and as a check on the progress of the work. The Construction Progress Schedule shall show only one controlling item of work for each contract day. If the Construction Progress Schedule has not been approved prior to the issuance of the Notice to Proceed, the engineer will establish the controlling work item and charge contract time accordingly.
108.04 Prosecution of Work.
108.04.1 General: The contractor shall provide sufficient materials,
equipment , and labor to complete t he project in accordance with the plans and specifications within the contract time. If the completed work is behind the approved progress schedule, the contractor shall take immediate steps to restore satisfactory progress and shall not transfer equipment or forces from uncompleted work without prior notice to, and approval of, the engineer. Each item of work shall be prosecuted to completion without delay. If prosecution of the work is discontinued for five contract days, the contractor shall give the eng ineer written notice at least 24 hours before resuming operations.
108.04.2 Progress and Disqualification: The contractor's progress
will be determined monthly at the time of each partial estimate, and will be based on the total amount earned by the contractor as reflected by the partial estimate. If the contractor's progress is more than 20 percent behind the elapsed contract time, the contractor may be notified that he is not prosecuting the work in an acceptable manner. If requested by the Department , the contr actor must meet with and provide the project engineer with an acceptable written plan which details how the contractor will regain lost progress and prosecute the remaining work . When a contractor has only one project with the Department, the contractor shall be disqualified once contract time has expired and the project is less than 90% complete. The contractor shall then remain disqualified until the project has been completed. When a contractor has multiple projects with the Department, a contractor shall be immediately disqualified when:
a.its progress on one project is 50 percent or more behind the elapsed contract time. In such case, the contractor shall remain disqualified until progress is within 10 percent of the elapsed contract time. Or,
b.on two or more projects, contract ti me has expired and at least two such projects are less than 90% complete. The contractor shall remain disqualified until only one of the overdue project s remain incomplete , and it has achieved final acceptance of the other project(s). Should the surety or the Department take over prosecution of a project , the contractor shall remain disqualified for a period of one year from Final Acceptance of the project, unless the contractor is debarred . A contractor may also be disqualified for other causes as provided elsewhere in the contract. During the period of disqualification, except as provided elsewhere, the contractor will not be permitted to bid on Department contracts nor be approved as a subcontractor on Department projects. Any bid submitted by the contractor during the period of disqualification will not be considered and will be ruled irregular . the approved progress schedule, the contractor shall take immediate steps to restore satisfactory progress and shall not transfer equipment or forces from uncompleted work without prior notice to, and approval of, the engineer. Each item of work shall be prosecuted to completion without delay. If prosecution of the work is discontinued for five contract days, the contractor shall give the eng ineer written notice at least 24 hours before resuming operations.
108.04.2 Progress and Disqualification: The contractor's progress
will be determined monthly at the time of each partial estimate, and will be based on the total amount earned by the contractor as reflected by the partial estimate. If the contractor's progress is more than 20 percent behind the elapsed contract time, the contractor may be notified that he is not prosecuting the work in an acceptable manner. If requested by the Department , the contr actor must meet with and provide the project engineer with an acceptable written plan which details how the contractor will regain lost progress and prosecute the remaining work . When a contractor has only one project with the Department, the contractor shall be disqualified once contract time has expired and the project is less than 90% complete. The contractor shall then remain disqualified until the project has been completed. When a contractor has multiple projects with the Department, a contractor shall be immediately disqualified when:
a.its progress on one project is 50 percent or more behind the elapsed contract time. In such case, the contractor shall remain disqualified until progress is within 10 percent of the elapsed contract time. Or,
b.on two or more projects, contract ti me has expired and at least two such projects are less than 90% complete. The contractor shall remain disqualified until only one of the overdue project s remain incomplete , and it has achieved final acceptance of the other project(s). Should the surety or the Department take over prosecution of a project , the contractor shall remain disqualified for a period of one year from Final Acceptance of the project, unless the contractor is debarred . A contractor may also be disqualified for other causes as provided elsewhere in the contract. During the period of disqualification, except as provided elsewhere, the contractor will not be permitted to bid on Department contracts nor be approved as a subcontractor on Department projects. Any bid submitted by the contractor during the period of disqualification will not be considered and will be ruled irregular .
108.04.3 Disqualification Review Board: After disqualification,
the contractor may submit a written appeal to the Chief Engineer . The written appe al shall be submitted within 7 days, excluding weekends and holidays, after issuance of written notice of disqualification and the contractor may either request a meeting with the review board or that the review board consider a written appeal only. A meet ing of the review board will be scheduled within 5 days, excluding weekends and holidays, after receipt of appeal. The Department’s review board will be composed of the Chief Engineer, or his designee, and five other members appointed by the Secretary. The Chief Engineer, or his designee, and two other members will constitute a quorum. After all pertinent information has been considered, the contractor will be notified of the decision of the review board in writing within 5 days, excluding weekends and holi days. The decision of the review board will not operate as a waiver by the Department of its rights concerning the assessment of stipulated damages as specified under 108.08 . When the Department of Transportation and Development is not the contracting agency on a project, the contracting agency will make any disqualification determination and the contractor shall submit its appeal to the appropriate agency representative for that agency to address. The contracting agency will request that the Department concur with their decision prior to notifying the Contractor in writing. The DOTD’s concurrence is advisory and will not make the DOTD a party to the contracting agency’s construction contract.
108.05 LIMITATION OF OPERATIONS. The contractor shall conduct
the work in such manner and sequence to assure the least interference with traffic. The contractor shall have due regard to the location of detours and provisions for handling traffic. The contractor shall not begin new work to the prejudice of work already started. The engineer may require the contractor to finish a section on which work is in progress before starting on additional sections if the finishing of such section is essential to public convenience and safety.
108.06 LABOR, MEANS, METHODS , AND EQUIPMENT. The
contractor shall employ sufficient labor and equipment to prosecute the work to completion in accordance with the contract. Workers shall have sufficient skill and experience to properly perform the work.
108.04.3 Disqualification Review Board: After disqualification,
the contractor may submit a written appeal to the Chief Engineer . The written appe al shall be submitted within 7 days, excluding weekends and holidays, after issuance of written notice of disqualification and the contractor may either request a meeting with the review board or that the review board consider a written appeal only. A meet ing of the review board will be scheduled within 5 days, excluding weekends and holidays, after receipt of appeal. The Department’s review board will be composed of the Chief Engineer, or his designee, and five other members appointed by the Secretary. The Chief Engineer, or his designee, and two other members will constitute a quorum. After all pertinent information has been considered, the contractor will be notified of the decision of the review board in writing within 5 days, excluding weekends and holi days. The decision of the review board will not operate as a waiver by the Department of its rights concerning the assessment of stipulated damages as specified under 108.08 . When the Department of Transportation and Development is not the contracting agency on a project, the contracting agency will make any disqualification determination and the contractor shall submit its appeal to the appropriate agency representative for that agency to address. The contracting agency will request that the Department concur with their decision prior to notifying the Contractor in writing. The DOTD’s concurrence is advisory and will not make the DOTD a party to the contracting agency’s construction contract.
108.05 LIMITATION OF OPERATIONS. The contractor shall conduct
the work in such manner and sequence to assure the least interference with traffic. The contractor shall have due regard to the location of detours and provisions for handling traffic. The contractor shall not begin new work to the prejudice of work already started. The engineer may require the contractor to finish a section on which work is in progress before starting on additional sections if the finishing of such section is essential to public convenience and safety.
108.06 LABOR, MEANS, METHODS , AND EQUIPMENT. The
contractor shall employ sufficient labor and equipment to prosecute the work to completion in accordance with the contract. Workers shall have sufficient skill and experience to properly perform the work.
108.04.3 Disqualification Review Board: After disqualification,
the contractor may submit a written appeal to the Chief Engineer . The written appe al shall be submitted within 7 days, excluding weekends and holidays, after issuance of written notice of disqualification and the contractor may either request a meeting with the review board or that the review board consider a written appeal only. A meet ing of the review board will be scheduled within 5 days, excluding weekends and holidays, after receipt of appeal. The Department’s review board will be composed of the Chief Engineer, or his designee, and five other members appointed by the Secretary. The Chief Engineer, or his designee, and two other members will constitute a quorum. After all pertinent information has been considered, the contractor will be notified of the decision of the review board in writing within 5 days, excluding weekends and holi days. The decision of the review board will not operate as a waiver by the Department of its rights concerning the assessment of stipulated damages as specified under 108.08 . When the Department of Transportation and Development is not the contracting agency on a project, the contracting agency will make any disqualification determination and the contractor shall submit its appeal to the appropriate agency representative for that agency to address. The contracting agency will request that the Department concur with their decision prior to notifying the Contractor in writing. The DOTD’s concurrence is advisory and will not make the DOTD a party to the contracting agency’s construction contract.
108.05 LIMITATION OF OPERATIONS. The contractor shall conduct
the work in such manner and sequence to assure the least interference with traffic. The contractor shall have due regard to the location of detours and provisions for handling traffic. The contractor shall not begin new work to the prejudice of work already started. The engineer may require the contractor to finish a section on which work is in progress before starting on additional sections if the finishing of such section is essential to public convenience and safety.
108.06 LABOR, MEANS, METHODS , AND EQUIPMENT. The
contractor shall employ sufficient labor and equipment to prosecute the work to completion in accordance with the contract. Workers shall have sufficient skill and experience to properly perform the work.
108.04.3 Disqualification Review Board: After disqualification,
the contractor may submit a written appeal to the Chief Engineer . The written appe al shall be submitted within 7 days, excluding weekends and holidays, after issuance of written notice of disqualification and the contractor may either request a meeting with the review board or that the review board consider a written appeal only. A meet ing of the review board will be scheduled within 5 days, excluding weekends and holidays, after receipt of appeal. The Department’s review board will be composed of the Chief Engineer, or his designee, and five other members appointed by the Secretary. The Chief Engineer, or his designee, and two other members will constitute a quorum. After all pertinent information has been considered, the contractor will be notified of the decision of the review board in writing within 5 days, excluding weekends and holi days. The decision of the review board will not operate as a waiver by the Department of its rights concerning the assessment of stipulated damages as specified under 108.08 . When the Department of Transportation and Development is not the contracting agency on a project, the contracting agency will make any disqualification determination and the contractor shall submit its appeal to the appropriate agency representative for that agency to address. The contracting agency will request that the Department concur with their decision prior to notifying the Contractor in writing. The DOTD’s concurrence is advisory and will not make the DOTD a party to the contracting agency’s construction contract.
108.05 LIMITATION OF OPERATIONS. The contractor shall conduct
the work in such manner and sequence to assure the least interference with traffic. The contractor shall have due regard to the location of detours and provisions for handling traffic. The contractor shall not begin new work to the prejudice of work already started. The engineer may require the contractor to finish a section on which work is in progress before starting on additional sections if the finishing of such section is essential to public convenience and safety.
108.06 LABOR, MEANS, METHODS , AND EQUIPMENT. The
contractor shall employ sufficient labor and equipment to prosecute the work to completion in accordance with the contract. Workers shall have sufficient skill and experience to properly perform the work. Any representative of the contractor or subcontractor who, in the opinion of the engineer, does not perform in a skillful manner or is disorderly shall be, upon written request, immediately remo ved by the contractor or subcontractor. A person removed shall not return to the work without written approval. If the contractor fails to remove such a person or fails to furnish suitable and sufficient personnel to properly prosecute the work, the engin eer may suspend the work by written notice. Equipment proposed for use in the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and produce a satisfactory quality of work. No damage to the roadway, adjac ent property or other highways shall result from the use of equipment. When means, methods, and equipment are not specified, the contractor may use any means, methods, or equipment that will accomplish the work in conformity with the contract. The contract or may request permission to use a means, method, or type of equipment other than specified in the contract. The request shall comply with 105.19.4 and shall include a description of the means , methods , and equipment proposed and the reasons for requesting the change. If approval is given, it will be on the condition that t he contractor will be responsible for producing work in conformity with contract requirements. If, after trial use of the substituted means, methods , or equipment, the engineer determines that the work produced does not meet contract requirements, the cont ractor shall discontinue use of the substituted means, method , or equipment and shall complete the work with the specified means, methods , and equipment. The contractor shall remove the deficient work and replace it with work of specified quality or take other corrective action as directed. No change will be made in payment for pay items involved nor in contract time as a result of authorizing a change in means, methods , or equipment.
108.07 Determination and Extension of Contract
TIME. The number of days allow ed for completion of the work will be stated in the contract. When the contract time is a fixed calendar date, it shall be the date on which all work on the project shall be completed. Any representative of the contractor or subcontractor who, in the opinion of the engineer, does not perform in a skillful manner or is disorderly shall be, upon written request, immediately remo ved by the contractor or subcontractor. A person removed shall not return to the work without written approval. If the contractor fails to remove such a person or fails to furnish suitable and sufficient personnel to properly prosecute the work, the engin eer may suspend the work by written notice. Equipment proposed for use in the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and produce a satisfactory quality of work. No damage to the roadway, adjac ent property or other highways shall result from the use of equipment. When means, methods, and equipment are not specified, the contractor may use any means, methods, or equipment that will accomplish the work in conformity with the contract. The contract or may request permission to use a means, method, or type of equipment other than specified in the contract. The request shall comply with 105.19.4 and shall include a description of the means , methods , and equipment proposed and the reasons for requesting the change. If approval is given, it will be on the condition that t he contractor will be responsible for producing work in conformity with contract requirements. If, after trial use of the substituted means, methods , or equipment, the engineer determines that the work produced does not meet contract requirements, the cont ractor shall discontinue use of the substituted means, method , or equipment and shall complete the work with the specified means, methods , and equipment. The contractor shall remove the deficient work and replace it with work of specified quality or take other corrective action as directed. No change will be made in payment for pay items involved nor in contract time as a result of authorizing a change in means, methods , or equipment.
108.07 Determination and Extension of Contract
TIME. The number of days allow ed for completion of the work will be stated in the contract. When the contract time is a fixed calendar date, it shall be the date on which all work on the project shall be completed. The contract time for the work as awarded is based on the original quantities as defined in 102.05 and includes time to procure material, equipment and an adequate labor force to complete the work. If satisfactory fulfillment of the contract requires performance of work in greater quantities than those specified, or requires performance of extra work in accordance with 104.02 and the contractor requests additional contract time, the document authorizing or ordering alterations will show the number of additional days justified. If the contractor finds it impossible, for reasons beyond the contractor's control, to complete the work within the contract time as specified or as extended in accordance with the provisions of this subsection, the contractor shall, at the time the delay occurs make written request to the engineer for an extension of time setting forth therein the reasons which justify granting the request. Such written request shall conform to the requirements of EDSM III.1.1.28. If the request does not so conform, the c ontractor hereby agrees to and shall be deemed to have expressly waived any claim for such additional time. The contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the engineer finds that the work was del ayed because of conditions beyond the control and without the fault of the contractor, the engineer may extend the contract time in such amount as conditions justify. Upon satisfactory final inspection, daily time charges will cease.
108.07.1 Working Day Contracts: On working day contracts, a
working day will be charged when weather or other conditions not under the control of the contractor will permit construction operations to proceed for at least 5 continuous hours of the day or 65 percent of the normal work day, whichever is greater, with the normal working force engaged in performing the controlling item of work. Should the contractor prepare to begin work on any day in which inclement weather, or the conditions resulting from the weather, prevent work from be ginning at the usual starting time, and the crew is dismissed as a result, the contractor will not be charged for a working day whether or not conditions change during the day and the rest of the day becomes suitable for work. No working days will be cha rged for the following days:
1.Saturdays and Sundays when no work is performed.
2.State recognized holidays that are defined as regular legal holidays or special holidays that are proclaimed by the Governor or fixed by the Legislature on which no work is perfo rmed. The contract time for the work as awarded is based on the original quantities as defined in 102.05 and includes time to procure material, equipment and an adequate labor force to complete the work. If satisfactory fulfillment of the contract requires performance of work in greater quantities than those specified, or requires performance of extra work in accordance with 104.02 and the contractor requests additional contract time, the document authorizing or ordering alterations will show the number of additional days justified. If the contractor finds it impossible, for reasons beyond the contractor's control, to complete the work within the contract time as specified or as extended in accordance with the provisions of this subsection, the contractor shall, at the time the delay occurs make written request to the engineer for an extension of time setting forth therein the reasons which justify granting the request. Such written request shall conform to the requirements of EDSM III.1.1.28. If the request does not so conform, the c ontractor hereby agrees to and shall be deemed to have expressly waived any claim for such additional time. The contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the engineer finds that the work was del ayed because of conditions beyond the control and without the fault of the contractor, the engineer may extend the contract time in such amount as conditions justify. Upon satisfactory final inspection, daily time charges will cease.
108.07.1 Working Day Contracts: On working day contracts, a
working day will be charged when weather or other conditions not under the control of the contractor will permit construction operations to proceed for at least 5 continuous hours of the day or 65 percent of the normal work day, whichever is greater, with the normal working force engaged in performing the controlling item of work. Should the contractor prepare to begin work on any day in which inclement weather, or the conditions resulting from the weather, prevent work from be ginning at the usual starting time, and the crew is dismissed as a result, the contractor will not be charged for a working day whether or not conditions change during the day and the rest of the day becomes suitable for work. No working days will be cha rged for the following days:
1.Saturdays and Sundays when no work is performed.
2.State recognized holidays that are defined as regular legal holidays or special holidays that are proclaimed by the Governor or fixed by the Legislature on which no work is perfo rmed.
3.Days on which delays, attributable solely to the Department or other governmental agencies, prevent contractor from proceeding with the controlling item of work at time of delay.
4.Days on which delays are attributable to the direct effect of strikes, riots or civil commotions . When the contract time is on a working day basis, the engineer will furnish the contractor a monthly statement showing the number of days charged to the contract for the preceding month and the number of days specified for compl etion of the contract. The contractor will be allowed 14 calendar days in which to file a written protest setting forth in what respect said monthly statement is incorrect; otherwise, the contractor hereby agrees to abide by the monthly statement and shall be deemed under the contract to have waived any claim that the monthly statement is incorrect. If a protest is filed by the contractor, the Department will conduct such reviews and investigations as required to rule on the protest within 30 calendar days from the date the statement is furnished the contractor. The number of days charged as listed, or revised within the allotted time, shall become final at the end of this 30 -day period, subject to change only through the claims process.
108.07.2 Calendar Day Contra cts: When the contract time is on a
calendar day basis, it shall consist of the number of calendar days stated in the contract beginning with the date stipulated in the Notice to Proceed . All calendar days will be charged contract time, including days elapsing between the effective dates of written orders to suspend work and to resume work for suspensions not the fault of the contractor. Contract time extensions will be granted for any delays for which the Department is responsible.
108.07.3 Excusable, Non-Compensable Delays: Excusable non-
compensable delays are delays that are not the contractor’s or the Department’s fault or responsibility. The engineer will not grant additional payment for excusable, non-compensable delays, but will grant additional contract time.
108.07.4 Excusable, Compensable Delays: Excusable,
compensable delays are delays that are not the contractor’s fault or responsibility, but are the Department’s fault or responsibility or determined by judicial proceeding to be the Department’s sole responsibility or are the fault and responsibility of a local government. The contractor will be granted additional contract time and payment in accordance with 104.02 , 105.18 , and 109.04 .
3.Days on which delays, attributable solely to the Department or other governmental agencies, prevent contractor from proceeding with the controlling item of work at time of delay.
4.Days on which delays are attributable to the direct effect of strikes, riots or civil commotions . When the contract time is on a working day basis, the engineer will furnish the contractor a monthly statement showing the number of days charged to the contract for the preceding month and the number of days specified for compl etion of the contract. The contractor will be allowed 14 calendar days in which to file a written protest setting forth in what respect said monthly statement is incorrect; otherwise, the contractor hereby agrees to abide by the monthly statement and shall be deemed under the contract to have waived any claim that the monthly statement is incorrect. If a protest is filed by the contractor, the Department will conduct such reviews and investigations as required to rule on the protest within 30 calendar days from the date the statement is furnished the contractor. The number of days charged as listed, or revised within the allotted time, shall become final at the end of this 30 -day period, subject to change only through the claims process.
108.07.2 Calendar Day Contra cts: When the contract time is on a
calendar day basis, it shall consist of the number of calendar days stated in the contract beginning with the date stipulated in the Notice to Proceed . All calendar days will be charged contract time, including days elapsing between the effective dates of written orders to suspend work and to resume work for suspensions not the fault of the contractor. Contract time extensions will be granted for any delays for which the Department is responsible.
108.07.3 Excusable, Non-Compensable Delays: Excusable non-
compensable delays are delays that are not the contractor’s or the Department’s fault or responsibility. The engineer will not grant additional payment for excusable, non-compensable delays, but will grant additional contract time.
108.07.4 Excusable, Compensable Delays: Excusable,
compensable delays are delays that are not the contractor’s fault or responsibility, but are the Department’s fault or responsibility or determined by judicial proceeding to be the Department’s sole responsibility or are the fault and responsibility of a local government. The contractor will be granted additional contract time and payment in accordance with 104.02 , 105.18 , and 109.04 .
3.Days on which delays, attributable solely to the Department or other governmental agencies, prevent contractor from proceeding with the controlling item of work at time of delay.
4.Days on which delays are attributable to the direct effect of strikes, riots or civil commotions . When the contract time is on a working day basis, the engineer will furnish the contractor a monthly statement showing the number of days charged to the contract for the preceding month and the number of days specified for compl etion of the contract. The contractor will be allowed 14 calendar days in which to file a written protest setting forth in what respect said monthly statement is incorrect; otherwise, the contractor hereby agrees to abide by the monthly statement and shall be deemed under the contract to have waived any claim that the monthly statement is incorrect. If a protest is filed by the contractor, the Department will conduct such reviews and investigations as required to rule on the protest within 30 calendar days from the date the statement is furnished the contractor. The number of days charged as listed, or revised within the allotted time, shall become final at the end of this 30 -day period, subject to change only through the claims process.
108.07.2 Calendar Day Contra cts: When the contract time is on a
calendar day basis, it shall consist of the number of calendar days stated in the contract beginning with the date stipulated in the Notice to Proceed . All calendar days will be charged contract time, including days elapsing between the effective dates of written orders to suspend work and to resume work for suspensions not the fault of the contractor. Contract time extensions will be granted for any delays for which the Department is responsible.
108.07.3 Excusable, Non-Compensable Delays: Excusable non-
compensable delays are delays that are not the contractor’s or the Department’s fault or responsibility. The engineer will not grant additional payment for excusable, non-compensable delays, but will grant additional contract time.
108.07.4 Excusable, Compensable Delays: Excusable,
compensable delays are delays that are not the contractor’s fault or responsibility, but are the Department’s fault or responsibility or determined by judicial proceeding to be the Department’s sole responsibility or are the fault and responsibility of a local government. The contractor will be granted additional contract time and payment in accordance with 104.02 , 105.18 , and 109.04 .
3.Days on which delays, attributable solely to the Department or other governmental agencies, prevent contractor from proceeding with the controlling item of work at time of delay.
4.Days on which delays are attributable to the direct effect of strikes, riots or civil commotions . When the contract time is on a working day basis, the engineer will furnish the contractor a monthly statement showing the number of days charged to the contract for the preceding month and the number of days specified for compl etion of the contract. The contractor will be allowed 14 calendar days in which to file a written protest setting forth in what respect said monthly statement is incorrect; otherwise, the contractor hereby agrees to abide by the monthly statement and shall be deemed under the contract to have waived any claim that the monthly statement is incorrect. If a protest is filed by the contractor, the Department will conduct such reviews and investigations as required to rule on the protest within 30 calendar days from the date the statement is furnished the contractor. The number of days charged as listed, or revised within the allotted time, shall become final at the end of this 30 -day period, subject to change only through the claims process.
108.07.2 Calendar Day Contra cts: When the contract time is on a
calendar day basis, it shall consist of the number of calendar days stated in the contract beginning with the date stipulated in the Notice to Proceed . All calendar days will be charged contract time, including days elapsing between the effective dates of written orders to suspend work and to resume work for suspensions not the fault of the contractor. Contract time extensions will be granted for any delays for which the Department is responsible.
108.07.3 Excusable, Non-Compensable Delays: Excusable non-
compensable delays are delays that are not the contractor’s or the Department’s fault or responsibility. The engineer will not grant additional payment for excusable, non-compensable delays, but will grant additional contract time.
108.07.4 Excusable, Compensable Delays: Excusable,
compensable delays are delays that are not the contractor’s fault or responsibility, but are the Department’s fault or responsibility or determined by judicial proceeding to be the Department’s sole responsibility or are the fault and responsibility of a local government. The contractor will be granted additional contract time and payment in accordance with 104.02 , 105.18 , and 109.04 .
108.07.5 Non-Excusable Delays: Non-excusable delays are delays
that are the contractor’s fault or responsibility. All non-excusable delays are non-compensable.
108.07.6 Concurrent Delays: Concurrent delays are separate critical
delays that occur at the same time. When a non-compensable delay is concurrent with a compensable delay, the contractor is entitled to additional time but not additional payment.
108.08 FAILURE TO COMPLETE ON TIME. For each calendar day
including, but not limited to, adverse weather days and holidays that the work remains incomplete after expiration of the contract time, the sum specified in Table 108 -1 will be deducted from payments for the work, not as a penalty but as stipulated damages, except for days DOTD directs in writing as no work days. Permitting the contractor to continue work after expiration of the contract time will not operate as a waiver by the Department of its rights under the contract. Contractor accepts, expressly assents, and does hereby confess judgment in favor of DOTD as to the daily charge amount set forth in Table 108-1. Stipulated damages will be determined by the project’s Original Contract Amount and the Average Daily Traffic (ADT) for the project’s location. The ADT will be the traffic count as shown on the plans and the Original Contract Amount will be equal to the b id amount. The sum of Daily Charges (A) and (B) shown in Table 108 -1 will be the assessed daily stipulated damages for each calendar day after expiration of the contract time.
108.07.5 Non-Excusable Delays: Non-excusable delays are delays
that are the contractor’s fault or responsibility. All non-excusable delays are non-compensable.
108.07.6 Concurrent Delays: Concurrent delays are separate critical
delays that occur at the same time. When a non-compensable delay is concurrent with a compensable delay, the contractor is entitled to additional time but not additional payment.
108.08 FAILURE TO COMPLETE ON TIME. For each calendar day
including, but not limited to, adverse weather days and holidays that the work remains incomplete after expiration of the contract time, the sum specified in Table 108 -1 will be deducted from payments for the work, not as a penalty but as stipulated damages, except for days DOTD directs in writing as no work days. Permitting the contractor to continue work after expiration of the contract time will not operate as a waiver by the Department of its rights under the contract. Contractor accepts, expressly assents, and does hereby confess judgment in favor of DOTD as to the daily charge amount set forth in Table 108-1. Stipulated damages will be determined by the project’s Original Contract Amount and the Average Daily Traffic (ADT) for the project’s location. The ADT will be the traffic count as shown on the plans and the Original Contract Amount will be equal to the b id amount. The sum of Daily Charges (A) and (B) shown in Table 108 -1 will be the assessed daily stipulated damages for each calendar day after expiration of the contract time.
108.07.5 Non-Excusable Delays: Non-excusable delays are delays
that are the contractor’s fault or responsibility. All non-excusable delays are non-compensable.
108.07.6 Concurrent Delays: Concurrent delays are separate critical
delays that occur at the same time. When a non-compensable delay is concurrent with a compensable delay, the contractor is entitled to additional time but not additional payment.
108.08 FAILURE TO COMPLETE ON TIME. For each calendar day
including, but not limited to, adverse weather days and holidays that the work remains incomplete after expiration of the contract time, the sum specified in Table 108 -1 will be deducted from payments for the work, not as a penalty but as stipulated damages, except for days DOTD directs in writing as no work days. Permitting the contractor to continue work after expiration of the contract time will not operate as a waiver by the Department of its rights under the contract. Contractor accepts, expressly assents, and does hereby confess judgment in favor of DOTD as to the daily charge amount set forth in Table 108-1. Stipulated damages will be determined by the project’s Original Contract Amount and the Average Daily Traffic (ADT) for the project’s location. The ADT will be the traffic count as shown on the plans and the Original Contract Amount will be equal to the b id amount. The sum of Daily Charges (A) and (B) shown in Table 108 -1 will be the assessed daily stipulated damages for each calendar day after expiration of the contract time.
108.07.5 Non-Excusable Delays: Non-excusable delays are delays
that are the contractor’s fault or responsibility. All non-excusable delays are non-compensable.
108.07.6 Concurrent Delays: Concurrent delays are separate critical
delays that occur at the same time. When a non-compensable delay is concurrent with a compensable delay, the contractor is entitled to additional time but not additional payment.
108.08 FAILURE TO COMPLETE ON TIME. For each calendar day
including, but not limited to, adverse weather days and holidays that the work remains incomplete after expiration of the contract time, the sum specified in Table 108 -1 will be deducted from payments for the work, not as a penalty but as stipulated damages, except for days DOTD directs in writing as no work days. Permitting the contractor to continue work after expiration of the contract time will not operate as a waiver by the Department of its rights under the contract. Contractor accepts, expressly assents, and does hereby confess judgment in favor of DOTD as to the daily charge amount set forth in Table 108-1. Stipulated damages will be determined by the project’s Original Contract Amount and the Average Daily Traffic (ADT) for the project’s location. The ADT will be the traffic count as shown on the plans and the Original Contract Amount will be equal to the b id amount. The sum of Daily Charges (A) and (B) shown in Table 108 -1 will be the assessed daily stipulated damages for each calendar day after expiration of the contract time. Table 108-1 Stipulated Damages Original Contract Amount Daily Charge (A) Million Dollars Dollars 0 - 1 >1 - 5 >5 -10 >10 - 15 >15 - 20 > 20 $ 500 1,000 2,000 4,000 8,000 10,000 Traffic Volume Daily Charge (B) ADT x 1000 Dollars 0 -10 >10 - 20 >20 - 30 >30 - 40 >40 - 50 >50 $ 500 1,000 2,000 4,000 8,000 10,000 The contractor will automatically be subject to an assessment of stipulated damages by the expiration of contract time on the project. At any time stipulated damages are assessed, such damages shall be assessed continuously until the cause of such assessment ends, regardless of intervening circumstances. The amount of assessed stipulated damages will be deducted from payments for the work under the contract or from any payments on any other contract the contractor has with the Department. The contractor hereby waives any requirement of written notice of default prior to any deduction for stipulated damages from any payments. The contractor and the surety shall be solidarily liable for stipulated damages in excess of any remaining amounts due the contracto r under the contract.
108.09 DEFAULT OF CONTRACT. The contractor shall be in default ,
if the contractor:
1.Fails to complete the project within the contract time,
2.Becomes insolvent or a petition is filed in the Bankruptcy Courts of the United States under Chapters 7 or 13 of the Bankruptcy Code naming the contractor as debtor or conversion of a proceeding or petition from Chapter 11 to Chapter 7 or 13 of the Bankruptcy Code or seeks a forced respite under the laws of this State or similar debtor protection by court s of other states,
3.Allows any final judgment to stand unsatisfied for a period of 14 calendar days,
4.Makes an assignment or arranges for performance by others of all or part of the performance of the contract, other than by subletting pursuant to 108.01, wi thout written approval and consent in advance of the Department, and the surety in the case of an assignment of the entire contract,
5.Makes an assignment of contract proceeds for the benefit of one or more creditors without prior written approval and conse nt of the Department; any such purported assignment will not be honored without evidence of compliance with this subparagraph,
6.Discontinues prosecution of the work,
7.Fails to begin work within 10 calendar days of either the “Notice to Proceed” or end of the Assembly Period,
8.Fails to perform with sufficient workers, equipment, or materials to assure prompt completion of the work,
9.Performs the work unsuitably or neglects or refuses to remove materials, or replace or repair rejected work,
10.Fails to resume discon tinued or suspended work within 10 calendar days after notice to do so,
11.Fails to maintain licenses or certifications, or to acquire permits, necessary to accomplish the work;
12.Fails to perform the work in an acceptable manner, violates any provision in the contract, or fails to follow any federal, state or local laws pertaining to performance,
13.Fails to follow federal, state or local laws, rules and regulations concerning construction safety and health standards or permits conditions upon the site of the work which are unsanitary, hazardous or dangerous to the health or safety of the contractor's workmen or the public, or
14.Is a party to fraud. When one or more of these default events occur and circumstances warrant , the Department may give notice to the contrac tor of its intent to put the contractor in default under this subsection and specify a period of time in which the contractor shall cure the deficiency. If circumstances do not warrant an opportunity to cure, or in the event the contractor fails to timel y cure a default after notice, the Department will give written notice to the contractor, with a copy to the contractor's surety, of the Department's determination that the contractor is in default for any cause specified in this subsection and direct the surety to complete the work . Such notice removes the contractor’s right to proceed with the work and suspends payments to the contractor. Within thirty days of receipt of such notification, the surety shall present to the Department either a plan to assu me performance of the contract and procure completion of the project, or provide the Department in writing with a reasonable response for the contractor's default. A response that fails to procure completion of the project shall not release the surety of i ts obligations under the performance bond as provided in the following paragraph. If no completion plan is timely presented by the surety, or at any time if immediate action must be taken in the public interest or to protect the safety of the public or w orkers, the Department will take prosecution of the work out of the hands of the contractor or surety, may appropriate or use the materials and/or equipment on the project, or may enter into an agreement for completion of the contract or use other methods as required for completion of the contract in an acceptable manner. The surety shall then be responsible for payment to the Department of the cost of completion of the project and stipulated damages assessed by the public entity up to the total amount of the bond. If the surety has not timely completed the project and a court of competent jurisdiction has determined that the surety has unreasonably refused to take over the project, the surety shall be responsible for the payment of any stipulated damages f or any delay in completion of the project as specified in the original contract and any reasonable attorney's fees and court costs incurred by the Department in collection of payments required by this subsection. Nothing herein shall be construed to requir e or obligate the Department to suspend contract time or to release the obligation of the contractor and surety for stipulated damages in accordance with 108.08 . The costs incurred by the Department due to the contractor's default, including attorney's fees, or for completing the work under contract, will be deducted from any monies due or which may become due the contractor. When this expense exceeds the sum whic h would have been payable under the contract, the contractor and surety shall be liable and shall pay the Department the amount of such excess.
108.10 Termination of Contractor'S Responsibility.
The contract will be considered complete when all work has been satisfactorily completed, the final inspection made, and the work accepted by the DOTD Chief Engineer. The contractor will then be released from further obligation except as set forth in the contractor's payment/performance/ retainage bond s, 104.05 , 107.17 , 107.23 , or as otherwise provided.
108.11 TERMINATION OF CONTRACT. The Department may, by
written notice, terminate the contract or any portion thereof when, for reasons beyond either the Department's or contractor's control, the contractor is prevented from proceeding or completing the work as If no completion plan is timely presented by the surety, or at any time if immediate action must be taken in the public interest or to protect the safety of the public or w orkers, the Department will take prosecution of the work out of the hands of the contractor or surety, may appropriate or use the materials and/or equipment on the project, or may enter into an agreement for completion of the contract or use other methods as required for completion of the contract in an acceptable manner. The surety shall then be responsible for payment to the Department of the cost of completion of the project and stipulated damages assessed by the public entity up to the total amount of the bond. If the surety has not timely completed the project and a court of competent jurisdiction has determined that the surety has unreasonably refused to take over the project, the surety shall be responsible for the payment of any stipulated damages f or any delay in completion of the project as specified in the original contract and any reasonable attorney's fees and court costs incurred by the Department in collection of payments required by this subsection. Nothing herein shall be construed to requir e or obligate the Department to suspend contract time or to release the obligation of the contractor and surety for stipulated damages in accordance with 108.08 . The costs incurred by the Department due to the contractor's default, including attorney's fees, or for completing the work under contract, will be deducted from any monies due or which may become due the contractor. When this expense exceeds the sum whic h would have been payable under the contract, the contractor and surety shall be liable and shall pay the Department the amount of such excess.
108.10 Termination of Contractor'S Responsibility.
The contract will be considered complete when all work has been satisfactorily completed, the final inspection made, and the work accepted by the DOTD Chief Engineer. The contractor will then be released from further obligation except as set forth in the contractor's payment/performance/ retainage bond s, 104.05 , 107.17 , 107.23 , or as otherwise provided.
108.11 TERMINATION OF CONTRACT. The Department may, by
written notice, terminate the contract or any portion thereof when, for reasons beyond either the Department's or contractor's control, the contractor is prevented from proceeding or completing the work as If no completion plan is timely presented by the surety, or at any time if immediate action must be taken in the public interest or to protect the safety of the public or w orkers, the Department will take prosecution of the work out of the hands of the contractor or surety, may appropriate or use the materials and/or equipment on the project, or may enter into an agreement for completion of the contract or use other methods as required for completion of the contract in an acceptable manner. The surety shall then be responsible for payment to the Department of the cost of completion of the project and stipulated damages assessed by the public entity up to the total amount of the bond. If the surety has not timely completed the project and a court of competent jurisdiction has determined that the surety has unreasonably refused to take over the project, the surety shall be responsible for the payment of any stipulated damages f or any delay in completion of the project as specified in the original contract and any reasonable attorney's fees and court costs incurred by the Department in collection of payments required by this subsection. Nothing herein shall be construed to requir e or obligate the Department to suspend contract time or to release the obligation of the contractor and surety for stipulated damages in accordance with 108.08 . The costs incurred by the Department due to the contractor's default, including attorney's fees, or for completing the work under contract, will be deducted from any monies due or which may become due the contractor. When this expense exceeds the sum whic h would have been payable under the contract, the contractor and surety shall be liable and shall pay the Department the amount of such excess.
108.10 Termination of Contractor'S Responsibility.
The contract will be considered complete when all work has been satisfactorily completed, the final inspection made, and the work accepted by the DOTD Chief Engineer. The contractor will then be released from further obligation except as set forth in the contractor's payment/performance/ retainage bond s, 104.05 , 107.17 , 107.23 , or as otherwise provided.
108.11 TERMINATION OF CONTRACT. The Department may, by
written notice, terminate the contract or any portion thereof when, for reasons beyond either the Department's or contractor's control, the contractor is prevented from proceeding or completing the work as originally contracted, or when termination would be in the public interest. Such reasons for termination may include, but will not be limited to:
1.Executive orders of the President relating to prosecution of war or national defense ;
2.National emergency which creates a serious shortage of materials ;
3.Orders from duly constituted authorities relating to energy conservation ; and
4.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 a contract, or a portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the number of units or items of work completed at the contract unit price, or as mutually agreed for items of work partially completed or not started. No claim for loss of anticipated profits will be considered. Reimbursement for organization of the work, and other overhead expenses (when not otherwise included in the contract), and moving equipment and materials to and from the project will be considered. Acceptable materials obtained or ordered by the contractor for the work that are not incorporated in the work shall, at the option of the contractor, be purchased by the Department at actual cost as sho wn by receipted bills and actual cost records at such points of delivery as designated. Termination of a contract or a portion, thereof, shall not relieve the contractor of responsibility for the completed work, nor shall it relieve the surety of obligatio n for any just claim arising from the work performed.
108.12 TERMINATION OF CONTRACT FOR CONVENIENCE. The
Department may, by written notice, terminate the contract or any portion thereof for the Department's convenience and without cause. Upon receipt of writte n notice from the Department of such termination, the contractor shall cease operations as directed by the Department in the notice and complete work not terminated; take actions necessary, or those that the Department may direct, for the protection and preservation of the Work; place no further subcontracts or order materials, services, or facilities, except as approved by the Department to complete any remaining portion of the contract; terminate all existing subcontracts and purchase orders to the extent they relate to terminated work; deliver to the Department any unfabricated or partially fabricated parts, work in progress, completed work, supplies, and other material produced or acquired for the work originally contracted, or when termination would be in the public interest. Such reasons for termination may include, but will not be limited to:
1.Executive orders of the President relating to prosecution of war or national defense ;
2.National emergency which creates a serious shortage of materials ;
3.Orders from duly constituted authorities relating to energy conservation ; and
4.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 a contract, or a portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the number of units or items of work completed at the contract unit price, or as mutually agreed for items of work partially completed or not started. No claim for loss of anticipated profits will be considered. Reimbursement for organization of the work, and other overhead expenses (when not otherwise included in the contract), and moving equipment and materials to and from the project will be considered. Acceptable materials obtained or ordered by the contractor for the work that are not incorporated in the work shall, at the option of the contractor, be purchased by the Department at actual cost as sho wn by receipted bills and actual cost records at such points of delivery as designated. Termination of a contract or a portion, thereof, shall not relieve the contractor of responsibility for the completed work, nor shall it relieve the surety of obligatio n for any just claim arising from the work performed.
108.12 TERMINATION OF CONTRACT FOR CONVENIENCE. The
Department may, by written notice, terminate the contract or any portion thereof for the Department's convenience and without cause. Upon receipt of writte n notice from the Department of such termination, the contractor shall cease operations as directed by the Department in the notice and complete work not terminated; take actions necessary, or those that the Department may direct, for the protection and preservation of the Work; place no further subcontracts or order materials, services, or facilities, except as approved by the Department to complete any remaining portion of the contract; terminate all existing subcontracts and purchase orders to the extent they relate to terminated work; deliver to the Department any unfabricated or partially fabricated parts, work in progress, completed work, supplies, and other material produced or acquired for the work terminated; coordinate a time and date with the engineer to inventory materials obtained but not yet used for the project; deliver all completed or partially completed plans, drawings, information, and other property required to be furnished to the Department if the contract had been completed. In case of such termination for the Department’s convenience, the contractor shall be entitled to receive payment for (1) the quantity of units or items of work completed at the contract unit price, and, as mutually agreed , for items of work partially comple ted, and (2) reasonable direct labor costs and non -labor cash expenditures incurred for unplanned termination related activities described above. The Department will not be liable for destroyed, stolen, or damaged material; unliquidated advance or other payments to third parties under the terminated portion of the contract; or the agreed upon price or the proceeds from the sale of any materials, supplies, or other items acquired and sold, or retained, by the contractor. In addition, the Department will deduct from any termination payment any claim the Department has against the contractor under the Contract. Acceptable materials obtained or ordered by the contractor for the work that are not incorporated in the work shall, at the option of the contractor, be purchased by the Department at actual cost as shown by receipted bills and actual cost records at such points of delivery as designated. Termination of a contract or a portion thereof, shall not relieve the contractor of responsibility for the work completed, nor shall it relieve the surety of any obligation for any just claim arising from the work performed. Section 109 Measurement and Payment
109.01 MEASUREMENT OF QUANTITIES. All work completed under
the contract will be measured according to United States standard measure. The International System of Units, generally known as SI or metric units will be used only if quality control or acceptance testing must be conducted unde r those standards. Standard practice used in these specifications will be to show values in the United States standard measure units, except for Part X, Materials, where both systems of measure are shown. Applicable units of measure will be defined in the table or figure titles. The terms weight and mass can be used interchangeably in these specifications if SI units are used. The engineer shall be the judge of the accuracy of measurements, or approximations made in lieu of accurate determinations and these decisions shall be binding upon both parties. When project specifications or plans indicate that quantities for certain pay items have been computed with sufficient accuracy for payment, the pay quantities for those items will be the design quantitie s subject to the following adjustments. Design quantities will be adjusted if the engineer makes changes to fit field conditions, if plan errors are proven, or if design changes are necessary. When measurement of excavation and embankment is based on a cub ic yard, the design quantities will be verified or revised in accordance with Departmental policy. Longitudinal measurements for area computations will be made horizontally. Transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing. Structures will be measured according to neat lines shown on the plans or as directed. Items measured by the linear foot, such as pipe culverts, underdrains, etc., will be measured parallel to the foundation upon which suc h structures are placed. In computing volumes of excavation, the average end area method or other acceptable methods will be used. Thickness of plates and galvanized sheet metal used in the manufacture of corrugated metal pipe and metal plate pipe culverts and arches will be measured in decimal fractions of inches.
Source: Louisiana Standard Specifications for Roads and Bridges, 2016 Edition. Pages 106–119 of 1,145.