Equipment, or products purchased for the Work that exceed the n ature or duration of the warranty obligations assumed by the Contractor under this Contr act. The Performance Bond and/or Warranty Bond required by Section 110.2.1 - Bonds shall cover all warranty obligations of the Contractor provided by this Contract. Final Acceptance by the Department does not relieve the Contractor of any warranty obligations provided by this Contract. The Contractor agrees that the warranty obligations provided b y this Contract shall be reported as an outstanding obligation in the event of bankru ptcy, dissolution, or the sale, merger, or cessation of operations of the Contractor.
Scope of Section This Section contains general time-related p rovisions of the Contract, including the Contract Time, allowable Work times, sc hedule requirements, Liquidated Damages, and Project Closeout.
107.1Contract Time and Contract Completion Date All Work mus t be Complete by
the Contract Completion Date and within the Contract Time. Unl ess expressly provided otherwise by the Department in writing, the Contract Time shall be all time between the Contract Execution and the Compl etion date specified in the Con tract, and any authorized extensions.
107.2Commencement of Contract Time and Work Unless provided elsewhere in
this Contract or in writing from the Department, the Contract T ime will commence on the date of Contract Execution. For related provisions, see Sectio ns 101.2 - Definitions of Contract Execution and 103.8 - Execution of Contract by the Dep artment. Unless specified otherwise, Work may commence upon Contract Ex ecution, unless the Contractor has not secured and provided the Performance and Payment Bonds and Insurance Certificates required by Sections 103.5 - Award Conditions, 110.2 - Bonding, and 110.3 - Insurance. Any Work performed before the requirements of these sections are met is Unauthorized Work and is at the sole risk of the Contractor. P ursuant to Section 110.1 - Indemnification, the Contractor and Surety shall indemnify and hold harmless the Department from any claims arising from Work.
107.3Allowable Work Times
107.3.1 General Work can be performed at any time except Sund ays and Holidays, unless expressly specified otherw ise in this Contract, includin g any applicable Permit conditions. If a Holiday occurs on a Sunday, the following Mon day shall be considered a Holiday. Sunday or Holiday Work must be approved by the Department, except that the Contractor may work on Martin Lut her King Day, President’s Day, Patriot’s Day, the Friday after Thanksgiving, and Indigenous P eoples Day without the Depa rtment’s approval.
107.3.2 Night Work If the Contr actor performs Work during per iods of darkness, the Contractor shall comply with Contract requirements governin g night Work. If the Contractor elects to perform Work during periods of darkness on its own initiative and without direction from the Department, then the Contractor shal l also comply with all municipal ordinances affecti ng such Work, including noise ordin ances. When pricing and scheduling the Work, the Contractor shall not assume that such non-directed night Work will be allowed. Accordingly, the Contractor shall not be enti tled to any adjustment to either compensation or time due to its inability to secure any required municipal approvals. 107.3.3 Sundays and Holidays The Contractor shall not carry o n construction operations on Sundays or Holidays unless (A) expressly specifie d otherwise in this Contract,
and immediate risk of signifi cant bodily injury to any person. 107.3.4 Seasonal Work Restrictions The Contractor shall meet all seasonal restrictions on time of Work cont ained in the Contract, includi ng all Permits.
107.4Scheduling of Work
107.4.1 General Duty of Contractor The Contractor is solely r esponsible for the planning and execution of Work in order to complete the Work wi thin the Contract Time. 107.4.2 Schedule of Work Required At least 3 days before the pre-construction meeting and before beginning any on-site activities, the Contra ctor shall provide the Department with its Schedule of Work in a Critical Path Method (CPM) in the form of an activity on node (AON) diagram. This CPM schedule will become the basis for claims involving Delay. The Department will waive this CPM requiremen t for appropriate Contracts through a special pr ovision. The Contractor shall pl an the Work, including the activity of Subcontractors, vendors, and suppliers, such that a ll Work will be performed in Substantial Conformity with its Schedule of Work. The Schedule must include sufficient time for the Department to perform its functions as indicated i n this Contract, including QA inspection and testing, approval of the Contractor’s TCP, SEWPC P, and QCP, and review of Working Drawings. At a minimum, the Schedule of Work shall show the major Work ac tivities, milestones, durations, submittals and approvals, and a timeline. Milestones to be included in the schedule include (A) start of Work, (B) beginning and ending of planned Work suspensions,
the Work before the specified C ompletion date, the Schedule of Work shall so indicate. Any restrictions that affect the Schedule of Work such as pavin g restrictions or In- Stream Work windows must be charted with the related activities to demonstrate that the Schedule of Work complies with the Contract.
The Department will review the Schedule of Work and provide comments to the Contractor within 20 days of recei pt of the Schedule of Work. The Contractor will make the requested changes and issue the finalized version to the Department. 107.4.3 Projected Payment Schedule The Contractor shall provi de the Department with a Quarterly Projected Payment Schedule that estimates the value of the Work as scheduled, including requests for payment of Delivered Materials. The Projected Payment Schedule must be in accordance with the Contractor’s Schedule o f Work and prices submitted by the Contractor’s Bid. The Contractor shall submit the Projected Payment Schedule as a condition of Award. 107.4.4 Schedule Revisions The pr ogress of the Work shall be compared against the Schedule of Work at each Progress Meeting. If the Department d etermines that the Contractor’s actual progress is not in Substantial Conformity w ith the Schedule of Work, then the Contractor shall either increase Project resources to get back on schedule or submit a revised Schedule of Work and Projected Payment Schedule to th e Department for its review. 107.4.5 No Separate Payment Unless expressly provided otherwise, the costs for providing a Schedule of Work, a Pro jected Payment Schedule, and all revisions and updates are Incidental to the Contract.
107.5Suspension of Work
107.5.1 Winter Suspensions
Department approve a Winter Suspension. If the Department dete rmines that winter weather conditions make it impossible to perform all or specified portions of the Work, the Department will approve the Contractor’s request with respect t o such portions and set the start date of the Winter Suspension.
is responsible for monitoring weather conditions and requesting approval from the Department to resume Work as soon as possible. In any case, th e Contractor shall notify the Project Manager or Resident 14 Days before the end date of the Winter Suspension specified in Section 107.5.1(C), being April 15t h or May 1st, as applicable.
initiative, the Department may determine the end date of the Wi nter Suspension and the Contractor is responsible for r esuming Work immediately afters aid end date. If the end date is not determined by the Department in writing, Winter Sus pensions shall end on May 1st for Zone 1 and April 15th for Zone 2. For the purposes of the preceding sentence, Zone 1 means all areas north of Route 2 from Gilead to Bangor and Ro ute 9 from Bangor to Calais and Zone 2 means all areas south of Zone 1, including Ro utes 2 and 9.
portion of a Winter Suspension that occurs after expiration of the Contract Time. Winter Suspensions will not otherwise affect the assessment of Liquida ted Damages. For a related provision, see Section 107.7 - Liquidated Damages. 107.5.2 Suspensions Due To Uncontrollable Events Upon request of the Contractor or upon its own initiative, the Department may suspend the Work due to Uncontrollable Events. Any Delay related to such a suspension will be analyze d in accordance with Section 109.5 - Adjustments for Delay. F or a related provision, seeSe ction 101.2 - Definition of Uncontrollable Event. 107.5.3 Suspensions for Cause The Department may suspend the Work if the Contractor violates any provisi on of the Contract that may affe ct the quality, cost, timeliness or Conformity of the Work. Any Del ay related to such a suspension will be an Inexcusable Delay. For a related provision, see Section 109.5 - Adjustments for Delay. 107.5.4 Suspensions for Convenience The Department may suspen d the Work for any other reason it determines is in the best interest of the D epartment. Any Delay related to such a suspension will be analyzed in accordance with Sectio n 109.5 - Adjustments for Delay. 107.5.5 Pre-Suspension Work If Work is to be suspended for an extended period of time, the Contractor shall store all Materials in a manner that does not obstruct the free and safe flow of vehicular, pedestri an, railroad, or marine traffic and that protects the Materials from damage. The Department may direct the Contractor to insta ll guardrail or other traffic control devices necessary to protect the traveling public. The Contractor shall take all precautions to prevent damage or deterioration of the Work alre ady performed, provide suitable Drainage of the Roadway by opening ditches and Shoulde r drains, erecting temporary Structures, and providing temporary erosion control w here necessary. The cost of such pre-suspension Work will be analyzed in accordance with Section 109.5 - Adjustments for Delay. For related provisions, seeS ections 104.2.6 - Right to Suspen d Work, 105.4.4 - Maintenance During Suspension of Work, 107.7 - Liquidated Damages, and 109.5 - Adjustments for Delay.
107.6Completion Incentives and Disincentives When provided i n the Contract,
financial incentives for early Completion and disincentives for late Completion will be added to or deducted from amounts otherwise due the Contractor. Incentives/Disincentives are separate and distinct from Liquidated Damages and Supplemen tal Liquidated Damages.
107.7Liquidated Damages
107.7.1 General The Department and the Contractor acknowledge t hat time is an essential element of the Contract, and that Delay in completing the Work beyond the designated completion date will result in damages, including bu t not limited to damages to
the State of Maine due to public inconvenience, obstruction to traffic, interference with business, as well as increased engineering, inspection, and adm inistrative costs to the Department. The Department and the Contractor acknowledge the difficulty of making a precise determination of such damages and, as a result, they ha ve agreed to a sum of money in the amount stipulated in the C ontract that will be charged a gainst the Contractor for each Calendar Day that the Work remains uncompleted after the expiration of the designated Completion date, not as a penalty but as Liquidated and Supplem ental Liquidated Damages. Except as expressly provided othe rwise in this Contract, the C ontractor or, in case of default, its Surety, shall owe the Department the per diem amou nt specified in Section 107.7.2 - Schedule of Liquidated Damages, as well as any per di em amount of Supplemental Liquidated Damages as specified in the Supplement Specifications, for each Calendar Day that any portion of the Work remains incomplete after the Contr act Time has expired. Should the Contractor or its Surety fail to complete the Work by the Completion date, a deduction of the amount stipulate d in the Contract as Liquidate d and Supplemental Liquidated Damages will be made for each and every Calendar Day that such Work remains uncompleted. This amount will be deducted from any money due t he Contractor or its Surety under the Contract, and the Contractor and its Surety wi ll be liable for any Liquidated and Supplemental Liquidated Damages in excess of the amount due. The Contractor acknowledges that the specified amounts per diem of Liquidated and Supplemental Liquidated Damages in the Standard Specifications and Supplemental Specifications, respectively (if applicable) are reasonable, an d agrees to stipulate to their reasonableness in any suit for the collection of or involving t he assessment of said damages. The damages referred to herein are intended to be and are cumul ative, and will be in addition to every other remedy now or hereafter enforceable at law, in equity, by statute, or under the contract. Permitting the Contractor to continue and finish the work or an y part thereof after the expiration of the completion date shall in no way operate as a waiver on the part of the Department of its rights to assess and recover Liquidated and S upplemental Liquidated Damages, or any other rights, under the Contract. For related provisions, see Sections 107.1 - Contract Time, 10 7.5.1(D) - Winter Suspensions - Impact on Liquidated Damages, and 109.5 - Adjustm ents for Delay. 107.7.2 Schedule of Liquidated Damages The specific per diem rates for Liquidated Damages are set forth below. By executing the Contract, the Co ntractor acknowledges that such an amount is not a penalty and that the daily amount set f orth in the Contract is a reasonable per diem forecast of damages incurred by the Departm ent due to the Contractor’s failure to Complete the Work within the Contract Time.
Original Contract Amount P e r D i e m A m ount of L i q u i d a t e d D a m a g e s From To and Calendar More Than Including Day
$ 0 to $ 100,000.00 $250.00 $ 100,000.00 to $ 250,000.00 $500.00 $ 250,000.00 to $ 500,000.00 $650.00 $ 500,000.00 to $1,000,000.00 $800.00 $1,000,000.00 to $2,000,000.00 $1,000.00 $2,000,000.00 to $4,000,000.00 $1,200.00 $4,000,000.00 and More $2,100.00
107.8Supplemental Liquidated Damages Supplemental Liquidated Damages, if any,
will be specified by Special Provision and are separate and dis tinct from Liquidated Damages. Supplemental Liquidated Damages will be deducted from amounts otherwise due the Contractor.
107.9Project Closeout
107.9.1 Final Cleanup and Finishing To prepare for Final Acce ptance, the Contractor shall clean the Project and all ground, lawns, strea ms, Structures, and other areas adjacent to the Project of all rubbish, excess Material, temporary Structures, and Equipment. The ground shall be backfilled with Material that is generally the same as the surrounding Material, graded to drain properly, and finished such that the surface matches the surrounding surface (examples - loam and seed, compacted gravel , pavement). The Contractor must leave all areas impacted by the Work in a condition that is reasonably acceptable to the Department. 107.9.2 Notice / Inspection / Punch List The Contractor shall notify the Department in writing that it considers the Project complete. As soon as practicable thereafter, the Department will inspect the Work. If incomplete or unsatisfact ory Work is noted, the Department will prepare a written list of all items that must b e completed or corrected before the Physical Work is Complete (“Punch List”). The Contr actor shall immediately take such measures as are necessary to complete all Punch List items. 107.9.3 Notices / Final Inspections / Physical Work Completion The Contractor shall notify the Department in writing that all Punch List items have been completed and/or corrected and that the Contractor considers the Project Complet e. As soon as practicable thereafter, the Department will make another inspection of the Work. The Department and the Contractor will attend this inspection jointly. If incompl ete or unsatisfactory Work is noted, the Department will prepare a revised Punch List (which may include items not on previous Punch List(s)) and the Contractor shall immediately ta ke such measures as are necessary to complete the revised Punch List items. Additional iterations will occur in a like manner until the Department finds that the Physical Work is Complete and in Conformity with the Contract. If the Contractor has not alread y done so, the Contractor will Promptly remove all temporary traffic control devices. 107.9.4 Closeout Documentation The Department will notify the Contractor in writing that the Physical Work is Complete and in Conformity with the Contract and that the
Project will be Finally Accepted when the 106 Memo, Buy America Certification, Materials Certification and DBE Signoff, and any other documentation as requested in the Physical Work Complete letter are received from the Contractor. The Con tractor shall deliver the Closeout documentation as requested in the Physical Work Comple te letter to the Department within 30 Days of the date of the notification that the Physical Work is Complete. Liquidated Damages will cease to accrue upon the Com pletion of Physical Work. For a related provision, see Section 101.2 - Definition of Closeout Documentation. 107.9.5 Final Acceptance Within 75 Days of Final Acceptance b y the Department, the Department will advise the Contractor in writing of the Final Quantities and any damages to be assessed for the Project. The Contractor shall r esolve any Project issues that remain and provide the All Bills Paid and Request for Final Payment Letters to the Department within 30 Days. The Department will make Final Paym ent, including the release of all remaining retainage, and release any escrowed bi d documents within 20 Days of receipt of the above letters, whi ch complete the Closeout Do cumentation. For a related provision, see Section 108.8 - Final Quantity Voucher. If the Contractor fails to resolve issues and deliver Closeout Documentation within the 30 Days provided in Section 107.9.5, the Department may pro vide a final notice informing the Contractor in writi ng that unless the Contractor Delivers all Closeout Documentation within 30 Days of the date of Receipt of final no tice, the Contractor shall be in Default under the Contract. The Contractor shall become ine ligible to Bid on any Department Contracts. The Department may then pursue all remed ies provided by the Contract or by law, including wit hholding Final Payment. For a related provision, see Section 102.1.1 - Eligibility to Bid - Basic Requirements. 107.9.6 No Waiver of Legal Rights Final Acceptance does not p reclude the Department from correcting any measure, estimate, or certificat e made. The Department may recover from the Contractor or its Surety, or both, overpayments made due to failure to fulfill Contract obligations. A waiver on the part of the Department of any breach of any pa rt of the Contract is not a waiver of any other or subsequent breach. The Contractor retains liabilit y for latent Defects, fraud (or such gross mistakes as may amount to fraud), and warranty obligations.
Scope of Section This Section contains general provisions related to payment, including measurement of quantities, progress payment, retainag e, the right to withhold payment, and other payment-related terms.