Section 107 Section 107
107.25 Hazardous and/or Toxic Waste Procedures. No matter how extensive a field
investigation, the possibility exists that haza rdous and/or toxic wastes on a site will go undetected until excavation is initiated. If underground storage tank (UST), buried containers, hazardous and/or toxic substances are uncovered, or even suspected, during construction, work in this area shall be immediately discontinued and measures taken to protect susceptible nearby wetlands or ground-water sources, and the Engineer shall be immediately notified. It is essential that the suspect ed hazardous substances be left in place until they have been identified. The Contractor shall make every effort to preven t the Contractor’s personnel, State personnel and the general public from becoming exposed to substances that may be hazardous or toxic. Once contaminated soil or debris has been removed from the ground and leaves the site, it is considered a hazardous waste if the concentration exceeds regulatory levels. In such cases, the Cont ractor becomes a hazard ous waste generator. Disposition of USTs, containers , hazardous and/or toxic wa ste shall be in accordance with current rules and regulations of the MDEQ, Office of Pollution Control. The Contractor shall report to the Engine er and the Office of Pollution Control any evidence or conditions that ma y cause suspicion that a wast e site of hazardous or toxic materials and/or containers or USTs has been located within right-of-way limits of the project. Work shall cease immediately at such suspected site and shall not resume until directed by the Engineer. When the Contractor is required to perform additional work to dispose of such waste, containers and/or USTs, payment will be made at contract unit prices applicable to the work and/or as provided in Subsection 109.04 when the Contract does not include appropriate pay items. The Department reserves the right to use othe r forces for explorator y work to identify and determine the extent of hazardous and/or toxic waste. Should the disposition of such material require special procedures by cer tified personnel, the Department will make arrangements with qualified persons to dispose of the material. When the existence of USTs are known in advance of construction activity, the Contractor shall give the Office of Pollution Control written notification 30 days in advance of removal. When a UST contains or has been used for containment of a regulated substance and the Contractor is required to remove such tank in accordance with the provisions of Subsection 104.05, the Contractor shall not use "flotation" as a method of removal. SECTION 108 - PROSECUTION AND PROGRESS
108.01 Subletting of Contract.
108.01.1 General. The total value of all work performed by the Contractor's own
organization shall be no less than 40 percent of the value of the remaining work after subtracting the Contract value of the specialty items from the value of the original Contract. The Contractor's "own organization" shall be construed to include workmen employed and paid directly, owned or rented equipment and trucks that are classed as owner- operator. All items that have been selected as specialty items will be listed as such in contract documents. The Contractor shall not sublet any portion of the Contract or work provided therein, except the furnishing of necessary materials, without the approval of the Executive Director. Approval to sublet any portion of th e Contract or work to a Contractor that the Department refuses to issue a proposal, in accordance with Section 102, will not be granted. Consideration may be given to requests to sublet a portion of the total value of a contract pay item. When the Contractor proposes to sublet a portion of a pay item, the Contractor’s request shall be accompanied by a breakdown of the co sts of the various components of each pay item, including haul if applicable, that is proposed to be sublet by part. Computation of the percentage of the work sublet shall be based on the contract price of each item or in the case of subletting a part of a pay item, the percentage shall be based on the amount acceptably established by the Contractor. The simple expediency of carrying the workmen of one Contractor on the Contractor's or approved subcontractor's payroll to avoid subcontracting will not be permitted. If evidence and investigation establish that a violation of the subcontract requirement is being attempted through subterfuge whereby one Contractor's equipment is leased to the Contractor, except as provided in Subsection 108.01.2, or the workmen of one Contractor are placed on the payroll of the Contractor, the Executive Director will take such action as deemed appropriate under the provisions of the Contract and may suspend the bidding qualifications of those found to be in violation for a period of up to one year. This provision does not include the lease or use of equipment from a corporation or company wholly owned by the Contractor. Subcontracting does not release the Contractor of bond and Contract liability and shall not be construed to imply that a Contract exists between the Department and a third party. The Contractor must pay subcontractor(s) for satisfactory performance of their contracts no later than 15 calendar days from receipt of payment from the Department. Within 15 calendar days after receiving payment from the Department for work satisfactorily performed, the Contractor shall make prompt payment to all Subcontractors or material suppliers for all monies due. Within 15 cal endar days after receiving payment from the Department for work satisfactorily completed, the Contractor shall promptly return all retainage monies due to all Subcontractors or material suppliers. The Engineer may suspend the work wholly or in part and with hold payments because of the Contractor's failure to make prompt payment within 15 calendar days as required above, or failure to submit the required OCR-484 Form, Certifica tion of Payments to Subcontractors, which is also designed to comply with prompt payment requirements.
108.01.2 Work Performed by Equipment Rental Agreement. Work may be
performed by equipment operated under Department approved rental agreements independent of the provisions of Subsection 108.01.1. Trucks that are licensed for operation on the highways of Mississippi are excluded from prior approval of rental agreements under this provision. For other equipment prior approval of a rental agreement shall be obtained in writing before the equipment is used on the work. Consideration for approval will be made by the Resident or Project Engineer, District or Central Office, depending on the nature and scope of the proposed rental agreement and the administrative pr ocedures established by the Department. At least one of the following qualified conditions is a prerequisite for approval of equipment rental:
a.Equipment may be rented from a dealer or firm in the business of selling, renting or leasing equipment when the firm or dealer is not a highway Contractor or Subcontractor. In the event, the dealer or firm is a Contractor or Subcontractor, consideration for approv al will be given under one of the subsequent conditions.
b.Equipment may be rented from another Contractor provided such Contractor does not have a Contract with the Department or an approved subcontract; or the Contractor or Subcontractor is maintaining satisfactory progress on all work under Contract or subcontract, and the equipment proposed to be rented is not essential to the maintenanc e of satisfactory progress.
c.An occasional piece of equipment ma y be rented from any party for valid reasons such as breakdown of Contractor owned equipment, temporary need for equipment not normally anticipated for the type of work to be performed or for temporary need for special equipment not normally owned for the type of work involved. For any work proposed to be performed by rental equipment, the Contractor shall in advance of such use notify the Resident or Project Engineer on the Department's Standard Equipment Rental Request form. The notification shall contain a list and description of equipment, the name of the supplier, the rental rate to be paid, the estimated time use, and the affirmation shown on the form. In no circumstance shall a Contractor be entitled to any damages for rental or rental rates of equipment where the advanced notification is not given to the Resident or Project Engineer, and the failure to provide the advanced notice shall constitute a waiver of any such claims. Lease-rental agreements shall provide reim bursement based on time or in the case of trucks: ton, cubic yard, ton-mile, cubic yard-mile, etc. Equipment and operators, if included, shall be under the sole direction of the Contractor in the performance of the work. If approval has been granted for renting equipment from a Contractor that has work under Contract or subcontract with the Department and the progress on the other work becomes unsatisfactory, the approval shall become null and void. Continued work with the rented equipment shall not be performed except under qualified approval in writing by the Executive Director.
108.02 Notice to Proceed. The Contractor shall not begin construction on any feature
of the work before a Noti ce to Proceed is issued. The anticipated date of the Notice to Proceed / the Beginning of Contract Time will be specified in the proposal. If the Department delays the issuance of the Notice to Proceed, the Beginning of Contract Time will be adjusted equal to the number of calendar days of the delay. When the revised date falls on Sunday or a holiday the following day will be the Beginning of Contract Time. The contract time will be extended as provided in Subsection 108.06. Upon written request from the Contractor and if circumstances permit, the Notice to Proceed may be issued at an earlier date su bject to the conditions stated therein. The Contractor shall not be entitled to any monetary damages or extension of contract time for any delay claim or claim of inefficien cy occurring between the early issuance Notice To Proceed date and the Notice to Pr oceed date stated in the Contract. Failure of the Contractor to commence work by the date specified for the beginning of contract time or within a reasonable time th ereafter may be cause for annulment of the Contract.
108.03 Prosecution and Progress.
108.03.1 Progress Schedule. On working day projects, the Department will furnish the
Contractor a progress schedule developed for the determination of contract time that may be used as the contract progress schedule, or the Contractor’s own proposed progress schedule may be submitted for approval. If the Contractor elects to furnish a progress schedule for approval by the Engineer, it should be furnished promptly after award of the Contract. In the event the Contractor has not submitted an approvable progress schedule by the beginning of contract time, the progress schedule prepared by the Department shall be the acceptable progress schedule and used to assess contract time. On completion date projects which include A + B projects and on A + C projects, the Contractor shall furnish a progress schedule and be prepared to discuss both its proposed methodologies for fulfilling the scheduling requirements and its sequence of operations. The Engineer will review Cont ractor prepared progress schedules and approve schedules as they relate to compliance with the specif ications and logic. The progress schedule must be approved by the Engineer prior to commencing work. The progress schedule shall be a computer generated bar-chart type schedule meeting the below minimum requirements. These activities shall be significantly detailed enough to communicate the Contractor's understanding of the construction sequencing and phasing of the project. An approved progress schedule shall be in effect until the date on which a revised schedule is approved. The approved progress schedule will be the basis for contract time assessment. When preparing the progress schedule, the Contractor shall include the following: A time scale to graphically show the completion of the work within the specified contract time. Define and relate activities to the contract pay items. All activities in the order the work is to be performed including submittals, submittal reviews, fabrication and delivery. All activities that are controlling factors in the completion of the work. The time needed to perform each activity and its relationship in time to other activities. The progress schedule shall provide a bar for each major phase of construction such as, but not limited to, clearing and grubbing, grading, drainage structures, bridges, base, shoulders, paving, etc. with an estimated start working day and completion working day for each bar, all within the specified contract time. The Contractor will be required to submit monthly progress schedule updates on all projects with a contract time duration of more than eight (8) months. The Engineer may request the submittal of a revised progress schedule within 10 days of the occurrence of any of the following conditions. If the Contractor fails to submit the requested schedule, the Engineer may withhold the future monthly estimates or portions thereof. A major change in the work A time extension The progress schedule becomes unrealistic The Engineer's approval of the aforementio ned Progress Schedules does not waive any contract requirements. When a Critical Path Method (CPM) schedule is required in the proposal, this schedule will be used in lieu of the bar graph progress schedule in evaluating work progress. In such case, the same time frame noted in this subsection for the original submittal along with the update requirements will apply.
108.03.2 Preconstruction Conference. Prior to commencement of the work, a
preconstruction conference shall be held for th e purpose of discussing with the Contractor essential matters pertaining to the prosecution and satisfactory completion of the work. The Contractor in conjunction with the Engineer will schedule the date of the preconstruction conference. The Contractor w ill advise the Project Engineer in writing as to the date of the conference . When the Contract requires the Contractor to have a certified erosion control person, the Contractor’s certified erosion control person must be at the preconstruction conference. The Depart ment will arrange for utility representatives and other affected parties to be present. If requested by either the Contractor or the Engineer, arrangements will be made for their authorized representatives to inspect the proj ect site with plans in hand and carefully observe pertinent conditions relating to the project, including the status of right-of-way, railroad, utilities and any other special features.
108.03.3 Commencement and Execution of Work. The work shall begin as set out in
the contract documents or approved progress schedule or as directed and shall be prosecuted at the rate necessary to ensure its completion within the contract time. During the progress of the work, the Engineer shall be notified sufficiently in advance of the time the Contractor expects to u ndertake particular features of construction to permit the required layout and inspection. Should particular phases of the work be discontinued by the Contractor, the Engineer shall be notified at least 24 hours in advance of resuming operations. All work covered by a Supplemental Agreement shall not commence until the Supplemental Agreement has been pr operly executed by all parties.
108.04 Limitations of Operations.
108.04.1 General. Work requiring the presence or services of Department personnel
will not be permitted on Sunday, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, unless otherwise specified in the Contract or the Engineer determines that an emergency or necessity exists. Work on these days, in lieu of supplemental equipment and labor, solely to complete the project within contract time will not be cons idered a necessity or emergency. Drainage and minor structures shall be completed ahead of grading to ensure proper setting and curing, thorough compaction of backfill, and improved soil conditions for proper embankment construction. If the Contractor initiates constr uction on a greater portion of the work than is necessary for proper prosecution or is carrying on operations to the prejudice of construction already started, the Engineer may require th e Contractor to finish the construction in progress before additional portions of construction are started. Work shall be conducted in the manner and sequence necessary to provide for public convenience and safety as set out in Subsection 107.07. Unless otherwise specified in the contract, lane closures will not be allowed during the following holiday periods. Memorial Day -------------- On the preceding Friday through Memorial Day Independence Day --------- July 3 rd, July 4th, and any adjacent days that fall on a weekend Labor Day ------------------- On th e preceding Friday through Labor Day Thanksgiving --------------- On the Wednesday before Thanksgiving through the Sunday following Thanksgiving Christmas/New Year’s ---- December 24th through January 1st and any adjacent days that fall on a weekend
108.04.2 Night Work. When early completion of a part icular phase of construction is
for public benefit or in the case of emergencies, the Engineer may permit construction after daylight hours unless specifically prohibited by the Contract. If night work is permitted, the Contractor shall provide sufficient illumination to satisfy the requirements of Section 680, and the work performed unde r these conditions shall comply in every respect with the terms and conditions of the Contract. 108.04.3--Temporary Suspension of Work. The Engineer will have the authority to suspend the work wholly or in part for as long as necessary because of unsuitable weather, unusually heavy traffic, conditions unfavorable for the satisfactory prosecution of the work, failure of the Contractor to carry out instructions or to perform all provisions of the Contract. If it becomes necessary to stop work for an indefinite period, the Contractor shall store all materials so they will not obstruct or impede the traveling public or become damaged in any way. The Contractor shall take every precaution to prevent damage or deterioration of the work, provide suitable drainage of the roadway and erect temporary structures where necessary. An adju stment in contract time, as applicable, will be made for phases of suspended work except during suspension for failure to carry out instructions of the Engineer. Additional compensation will not be paid because of such suspension, except as provided below. The Contractor shall not suspend work without written authority from the Engineer. If the performance of all or any portion of the work is suspended or delayed by the Engineer in writing for an unreasonable peri od of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the Contractor shall submit to the En gineer in writing, in accordance with the method set out in Subsection 104.02.4.
108.05 Character of Workers, Methods, and Equipment. The Contractor shall
employ competent and efficient laborers, mech anics, or artisans. Whenever an employee is deemed to be careless or incompetent, obstructs the progress of the work, is intemperate, uncooperative or disorderly, the Contractor shall, upon written request of the Engineer, discharge or otherwise remove said employee from the work and shall not reemploy such person without th e written consent of the Engineer. The methods used in performing the construction, and all equipment, tools and machinery, shall be subject to the approval of the Engineer before and during construction. All equipment, tools and m achinery used shall be maintained in a satisfactory working condition. The measure of the capacity and efficiency of machinery and equipment shall be its actual performance on the work. Should it become apparent that the progress of construction is such that the Contractor wi ll be unable to complete the work with the available equipment within contract time, additional equipment meeting the approval of the Engineer may be required. Permission to use alternative equipment or methods may be granted when it is of a new or improved type, and its use is deemed by the Engineer to be in furtherance of the intent of these specifications. Continued use shall be contingent upon the capability to produce work consistently equal to, or better than, that which can be produced with the equipment or method specified. Nothing in this subsection shall relieve the Contractor of the responsibility for producing work of the quality specified in the Contract. Should the Contractor continue to employ or re-employ such unsatisfactory person or persons as herein described, fail to furnish suitable and sufficient machinery, equipment or forces for the proper prosecution of the work, all estimates may be withheld until the Engineer’s orders are complied with, or the Contract may be terminated as hereinafter provided.
108.06 Determination and Extension of Contract Time.
108.06.1 Based on Working Day Completion.
108.06.1 1--General. Contract time will be established on the basis of an allowable
number of Working Days, as indicated in the Contract. Contract time for A + C projects shall be determined by the Bidder based on the cost to construction the project (A) and the number of working days to complete the project (C). For A + C Contracts, the span of contract time shall be the time between the date of the Beginning of Contract Time and the date representing the number of working days determined by the Contractor to complete the work. A working day is defined as a day the Contractor worked or could have worked in accordance with the cond itions set forth in Subsection 10 8.06.1.2, Subparagraphs (a) and (b), except during the months of December, January, and February. During the months of Decembe r, January, and February, time will be assessed regardless of whether or not the Contractor actually works. The value for the time on any particular day will be determined by dividing the number of anticipated working day shown in the following table by the number of days in th e particular month. This number will be expressed to three decimal places (0.000) The span of time allowed for the completion of the work included in the Contract will be indicated in the contract documents and will be known as "Contract Time.”
108.06.1 2--Contract Time. The following TABLE OF ANTICIPATED WORKING
DAYS indicates an average/anticipated number of working days per month. TABLE OF ANTICIPATE D WORKING DAYS Month Working Days January 6 February 7 March 11 April 15 May 19 June 20 July 21 August 21 September 20 October 16 November 11 December 5 Calendar Year 172 NOTE: The above Table is for informational purposes only. The actual working day total as assessed by the Proj ect Engineer on Form CSD-765 shall govern. On projects other than A + C projects, Available working days will be assessed from the original Notice to Proceed/Beginning of Contract Time date shown in the contract documents, regardless of whether or not the Cont ractor has been issued an early Notice to Proceed. On A + C projects, available workin g days will be assessed from the original Notice to Proceed/Beginning of Contract Time date shown in the contract documents, or the earlier Notice to Proceed/Beginning of Co ntract Time date if an early Notice to Proceed is allowed. Available working days will be based on soil and weather conditions and other specific conditions cited in the Contract. The Engin eer will determine on each applicable day the extent to which work in progress could have been productive, regardless of whether the Contractor actually worked. An available working day will be assessed as follows:
a.any day of the week, Monday through Friday, exclusive of legal holidays recognized by the Department in Subsection 108.04.1, in which the Contractor works or could have worked for more than six (6) consecutive hours on the controlling item(s) of work, as determined by the Engineer from the approved progress schedule. When the Contractor works or could work more than four but less than six consecutive hours, one-half (0.5) of an available work day will be charged for that day. When the Contractor works or could work six or more consecutive hours during the day, one (1.0) available work day will be charged for that day, and
b.any Saturday, exclusive of legal ho lidays recognized by the Department in Subsection 108.04.1, in which the Contractor works for more than six (6) consecutive hours on the controlling item(s) of work, as determined by the Engineer from the approved progress schedule. When the Contractor works less than four consecutive hours during the day, no time will be charged for that day. When the Contractor works more than four but less than six consecutive hours, one-half (0.5) of an available work day will be charged for that day. When the Contractor works six or mo re consecutive hours during th e day, one (1.0) available work day will be charged for that day. Should the weather or other conditions be such that four (4) consecutive satisfactory hours are not available prior to noon (for daytime operations) or midnight (for nighttime operations), no time will be assessed for that day regardless of the above conditions. However, if the Contractor elects to work, time will be assessed in accordance with the previous paragraph. Time will not be charged during any required waiting period for placement of permanent pavement markings as set forth in Subsection 618.03 provided all other work is complete except growth and coverage of vegetative items as provided in Subsection 210.01. Each month the Engineer will complete, and furnish to the Contractor, an "Assessment Report of Working Days" (CSD-765). This report shows the number of working days assessed during the estimate period and the cumulative working days assessed to date. The Contractor should review the Engineer's report as to the accuracy of the assessment and confer with the Resident or Project Engineer to rectify any differences. Each should make a record of the differences, if any, a nd conclusions reached. In the event mutual agreement cannot be reached, the Contractor has 15 calendar days following the ending date of the monthly report in question to f ile a protest Notice of Claim in accordance with the provisions of Subsection 104.02.4. Otherwise, the Engineer's assessment shall be final unless mathematical errors of assessmen t are subsequently found to exist, and any claim of the Contractor as to such matter shall be waived. The Contractor’s progress will be determined monthly at the time of each progress estimate and will be based on the percentage of money earned by the Contractor compared to the percentage of elapsed time. The percentage of money earned will be determined by comparing the total money earned to-date by the Contractor, minus any pa yment for advancement of materials, to the total dollar amount of the Contract. The pe rcentage of time elapsed will be determined by comparing the working days assessed to-date on Form CSD-765 to the total allowable working days for the Contract. When the "percent complete" lags more th an 20 percent behind the "percentage of elapsed time", the Engineer will notify the Contractor that they have seven (7) calendar days to submit a written statement and revised progress schedule indicating any additional equipment, labor, materials, etc. to be assigned to the work to ensure completion within the specified contract time. Failure to submit the revised schedule may result in the withholding of the monthly estimate. When the "percent complete" lags more than 40 percent behind the "percentag e of elapsed time", the Contract may be terminated.
108.06.1 3--Extension of Time . The Contractor may, prior to the expiration of the
contract time, make a written request to the Engineer for an extension of contract time, in accordance with Subsection 104. 02.4, with a valid justification for the request. The Contractor's plea that insufficient time was speci fied is not a valid reason for extension of contract time. An extension of contract time may be granted for unforeseen utility delays, abnormal delays caused solely by the State or othe r governmental authorities, or unforeseeable disastrous phenomena of nature of the magnitude of earthquakes, hurricanes, named tropical storms, tornadoes, or flooded e ssential work areas th at are deemed to unavoidably prevent prosecuting the work. The span of contract time allowed in the Contract as awarded is based on the quantities used for comparison of bids. If satisf actory fulfillment of the Contract requires performance of work in greater quantities than those set forth in the proposal, the time allowed for completion shall be increased in Working Days in the same ratio that the cost of such added work, exclusive of the cost of work altered by Supplemental Agreement for which a time adjustment is made for such altered work in the Supplemental Agreement, bears to the total value of the or iginal Contract unless it can be established that the extra work was of such character that it required more time than is indicated by the money value. Any extension of contract time will be on a working day basis. The Contractor shall provide sufficient materi als, equipment and labor to guarantee the completion of the contract work in accordan ce with the plans and specifications within the contract time. If the contract time of the project is exte nded into a season of the year in which completion of certain items of work would be prohibited or delayed because of seasonal or temperature limitations, the Engineer may waive the limitations provided the completion of the work will not result in a reduction in quality. When determined that the completion of the out-of-season items will cause a reduction in the quality of the work, the completion of the project will be further extended so the items may be completed under favorable weather conditions. In either case, the Engineer will notify the Contractor in writing. Liquidated damages as set forth in Subsection 108.07 under the heading "Daily Charge Per Calendar Day" in the Table titled "Schedule of Deductions for Each Day of Overrun in Contract Time", shall be applicable to each calendar day after the specified completion date, or authorized extension thereof, and unt il all work under the Contract is completed.
108.06.1 4--Cessation of Contract Time. When all items of work are complete to the
satisfaction of the Engineer and the Engineer has been advised by the Contractor that a final inspection is desired, time will be suspended until the final inspection is conducted and for an additional 14 satisfactory days after the Contractor has been notified in writing of the results of the inspection. If after the end of the 14-day suspension all necessary items of work have not been completed, time charges will resume. If the specified completion date had not been reached at the time the Contractor called for a final inspection, the calendar day difference between the specified completion date and the date the Contractor called for a final inspection will be added after the 14-day period before starting liquidation damages. If a project is on liquidated damages at the time a final inspection is scheduled, liquidated damages will be suspended until the final inspection is conducted and for seven (7) cal endar days after the Contractor has been notified in writing of the results of the inspecti on. If after the end of the 7-day suspension all necessary items of work have not been completed, liquidated damages will resume. When final inspection has been made by the Engineer as prescribed in Subsection 105.20 and all items of work have been comple ted, the daily time charge will cease.
108.06.2 Based on Specified Completion Date.
108.06.2 1--General. Contract time will be established on the basis of a Specified
Completion Date indicated in the Contract, or as determined by the Contractor in accordance with the contract doc uments. The span of time a llowed for the completion of the work included in the Contract will be known as "Contract Time.” For Contracts in which a Specified Completion Date is indicated in the Contract, the span of contract time shall be between the date of the Beginning of Contract Time and the Specified Completion Date in dicated in the Contract. Contract time for A + B projects shall be determined by the Bidder based on the cost to construction the project (A) and the number of calendar days to complete the project (B). For A + B Contracts, the span of contract tim e shall be the time between the date of the Beginning of Contract Time and the date representing the number of Calendar Days determined by the Contractor to complete the work. The contract time which is determined by the Contractor on A + B pr ojects shall include time for the required waiting periods for placement of permanent pave ment markings and all necessary burn-in periods for electrical items. The Contractor shall provide sufficient materi als, equipment and labor to guarantee the completion of the contract work in accordan ce with the plans and specifications within the contract time. At any given date, the ratio of the accumulated monetary value of that part of the work actually accomplished to the total Contract bid amount adjusted to reflect approved increases or decreases shall determine the "percent comple te" of the work. The Contractor’s progress will be determined monthly at the time of each progress estimate and will be based on the percentage of money earned by the Contractor compared to the percentage of elapsed time. The percentage of money earned will be determined by comparing the total money earned to-date by the Contractor, minus any pa yment for advancement of materials, to the total dollar amount of the Contract. The per centage elapsed time shall be calculated as a direct ratio of the expired Calendar Days to the total Calendar Days provided for in the Contract. When the "percent complete" lags more th an 20 percent behind the "percentage of elapsed time", the Engineer will notify the Contractor that they have seven (7) calendar days to submit a written statement and revised progress schedule indicating any additional equipment, labor, materials, etc. to be assigned to the work to ensure completion within the specified contract time. Failure to submit the revised schedule may result in the withholding of the monthly estimate. When the "percent complete" lags more than 40 percent behind the "percentag e of elapsed time", the Contract may be terminated.
108.06.2 2--Extension of Time . The Contractor may, prior to the expiration of the
contract time, make a written request to the En gineer for an extension of contract time with a valid justification fo r the request in accordance with Subsection 104.02.4. The Contractor's plea that insufficient time was speci fied is not a valid reason for extension of contract time. On all completion date Contracts, an extens ion of contract time may be granted for unforeseen utility delays, abnormal delays caused solely by the State or other governmental authorities, or unforeseeable disastrous phenomena of nature of the magnitude of earthquakes, hurricanes, named tropical storms, tornadoes, or flooded essential work areas that ar e deemed to unavoidably prevent prosecuting the work. The span of time allowed in the Contract as awarded is based on the quantities used for comparison of bids. If satisfactory fulfillmen t of the Contract requires performance of work in greater quantities than those set forth in the proposal, the time allowed for completion shall be increased in Calendar Days in the same ratio that the cost of such added work, exclusive of the cost of work altered by Supplemental Agreement for which a time adjustment is made for such altered wo rk in the Supplemental Agreement, bears to the total value of the original Contract unless it can be established that the extra work was of such character that it required more tim e than is indicated by the money value. Any extension of contract time will be based on a calendar day basis, excluding Saturdays, Sundays or legal holidays recognized by the Department in Subsection
108.04.1 Any extension of contract time on A + B Contracts will be based on a calendar
day basis, excluding those days in the Contract that restricted the Contractor from working. If the contract time of the project is exte nded into a season of the year in which completion of certain items of work would be prohibited or delayed because of seasonal or temperature limitations, the Engineer may waive the limitations provided the completion of the work will not result in a reduction in quality. When determined that the completion of the out-of-season items will cause a reduction in the quality of the work, the completion of the project may be further extended so the items may be completed under favorable weather conditions. In either case, the Engineer will notify the Contractor in writing. Liquidated damages as set forth in Subsection 108.07 under the heading "Daily Charge Per Calendar Day" in the Table titled "Schedule of Deductions for Each Day of Overrun in Contract Time", shall be applicable to each calendar day after the specified completion date, or authorized extension thereof, and unt il all work under the Contract is completed.
108.06.2 3--Cessation of Contract Time. When all items of work are complete to the
satisfaction of the Engineer and the Engineer has been advised by the Contractor that a final inspection is desired, time will be suspended until the final inspection is conducted and for an additional 14 calendar days after the Contractor has been notified in writing of the results of the inspection. If after the end of the 14-day suspension all necessary items of work have not been completed, time charges will resume. If the specified completion date had not been reached at the time the Contractor called for a final inspection, the calendar day difference between the specified completion date and the date the Contractor called for a final inspection will be added after the 14-day period before starting liquidation damages. If a project is on liquidated damages at the time a final inspection is scheduled, liquidated damages will be suspended until the final inspection is conducted and for seven (7) calendar days after the Contractor has been notified in writing of the results of the inspection. If after the end of the 7-day suspension all necessary items of work have not been completed, liquidated damages will resume. When final inspection has been made by the Engineer as prescribed in Subsection 105.20 and all items of work have been comple ted, the daily time charge will cease.
108.07 Failure to Complete the Work on Time. When the Contractor fails to
complete the work within the time stipulated or as extended under the provisions of the Contract, a deduction calculated from the daily charges listed in the below schedule will be made from money due the Contractor not as a penalty but as liquidated damages. The daily charges set out in the schedule of liquidated damages are based on an approximate average cost to the Department for maintaining Engineers, Inspectors and other employees. The Contractor and the Contractor’s Sureties shall be liable for all liquidated damages in excess of money due the Contractor. Schedule of Deductions for Each D ay of Overrun in Contract Time Original Contract Amount Daily Charge From More Than To and Including Per Calendar Day $ 0 100,000 $ 150 100,000 500,000 360 500,000 1,000,000 540 1,000,000 5,000,000 830 5,000,000 10,000,000 1,200 10,000,000 20,000,000 1,800 20,000,000 ------------- 3,500 The applicable daily charge will be made for each calendar day after the expiration of contract time. With the exception of A + B contracts as noted in Subsection 108.06.2.1, daily charges, as shown above, will not be made during any required waiting period for placement of permanent pavement markings as set forth in Subsec tion 618.03 provided all other work is complete and during spec ified growth and coverage of the vegetative items as provided in Subsection 210.01.
108.08 Default and Termi nation of Contract. The Contract may be terminated by the
Executive Director for any of the following reasons:
a.Failure to proceed with the work when so instructed by the Department or to adhere to the requirements of the Contract.
b.Failure to perform the work with sufficient workmen, equipment and materials to assure completion within contract time.
c.Performing unacceptable work, or neglecti ng or refusing to remove materials or to perform anew such work as may be rejected as unacceptable.
d.Discontinuing the prosecution of the work.
e.Violation of labor provisions and special regulations. (f) Becoming insolvent, being declared bankrupt or committing any act of bankruptcy or insolvency.
g.Allowing a final judgment to stand unsatisfied.
h.Making an assignment for the benefit of creditors.
i.Failure for any other cause whatsoever to carry on the work in an acceptable manner. Before the Contract is terminated, the Contra ctor and Surety will be notified in writing by either the Project Engineer or the Executive Director of the Department’s intent to declare the Contractor in Default and termin ate the Contract. If, for any reason, written notice cannot be delivered to the Contractor, notice of termination may be given by publication in a newspaper in the county in which the project is located. When there is no such newspaper, the notice may be given by publication in a newspaper located in Hinds County. If no satisfactory effort has been made by the Contractor or Surety to correct the conditions enumerated in the notice within 15 calendar days after notice is given, the Executive Director may declare the Contract terminated and notify the Contractor and Surety accordingly. Upon receipt of notice from the Executive Director that the C ontract has been terminated, the Contractor shall immediately discontinue all operations. After termination, the Executive Director will order the Surety to arrange for the prosecution of the work. If the Surety does not proceed with the satisfactory prosecution of the work within 20 calendar days from the date on which the Contract was terminated, the Executive Director may proceed by either re-advertising and awarding the Contract, or proceed in any other lawful manner that will provide for the completion of the work as planned and set forth in the Contract. The Surety or the Department, at the Surety's expense, will perform or arrange for nece ssary maintenance between the date of termination and the date that work is resumed. The Surety shall not tender the completion of the Work to the Contractor without the written authorization of the Engineer or the Executive Director. When the work is finally completed, the total cost to the Department will be computed. If the total cost is greater than the cost that would have resulted at the original contract unit prices, the extra expense will be the responsi bility of the original Contractor's Surety. If the total cost is less than the cost that would have resulted at the original contract unit prices, the savings will be paid to the original Contractor's Surety.
108.09 Termination of Contract for Reasons Other Than Default. The Department
may, by written notice, with the approval of the FHWA where applicable, terminate any Contract, or any portion thereof for the Department’s convenience, when it is determined that a termination is in the best interest of the Department. Reasons for termination may include, but are not limited to:
a.Insufficient funds by the Department due to extenuating circumstances;
b.Occurrence of an environmental situation of a significant nature that would require extensive and time-consuming delays in the work for the purposes of identification, evaluation, and possibly mitigation;
c.Occurrence of a previously undiscov ered error in the bid documents; and
d.Any other circumstances the Department determines to be in the best interest of the Department or the public. In addition to the general reservation of the right to terminate for convenience under this Subsection, the bidding documents may provide for a termination of the Contract for convenience under this subsection upon the occurrence or non-occurrence of a specified event after bid opening. Under any of the above circumstances for term ination, the Engineer will deliver to the Contractor and the Surety a written notice of termination for reasons that will be set forth therein. The notice shall specify the extent to which performance of work is terminated under the Contract and the effective date of termination. Unless otherwise directed by the Engineer, upon receipt of written notice of termination, th e Contractor, or its Surety, shall immediately:
a.Stop work as directed in the notice;
b.Place no further orde rs or subcontracts for materials, services or facilities except as approved by the Engineer to complete work not terminated;
c.Terminate all orders and subcontracts for the terminated work. (d) Deliver to the Engineer completed or partially completed plans, drawings, information and other property required to be furnished under the Contract;
e.Take actions that the Engineer direct s to protect and preserve Contract-related property that is in the possession of the Contractor in which the Department has or may acquire an interest;
f.Provide all other information included in this subsection and as requested by the Engineer; and
g.Complete all work not terminated. If the Department terminates the Contract or any portion thereof before completion of all items of Work in the Contract, the Department will make payment for the actual number of Contract items completed at the contract unit prices and as mutually agreed as provided herein for items or Work partially completed, or will pay on a force account basis, as determined by the Engineer. The Department may, in its discretion, purchase acceptable Materials ordered by the Contractor or delivered to the project site before the date of termination, at actual cost plus delivery cost, including freight, unloading, and hauling unless otherwise provided. The materials will become the property of the Department. The Contractor must submit the proof of actual cost, as shown by receipted bills and actual cost records. If the Engineer does not agree to purchase such materials, the Department may reimburse the Contractor for any reasonable restocking fees and handling costs incurred by the Contractor in returning unused materials to the vendor. If only portions of the work are eliminated, the Department may stop delivery and payment for unnecessary materials. The Department will not pay for loss of overhead or anticipated profits, including anticipated earnings on usage of owned equipment, or impacts, delay, or other direct or indirect costs resulting from the termination. If the Work is suspended in advance of the termination date, the Department may consider reimbursing the Contractor for such cost items as mobilization, actual idle equipment costs for work stopped in advance of the termination date, and guaranteed payments for land usage as part of the origin al Contract when not otherwise include in the Contract. Termination of a Contract or a portion thereof shall not relieve the Contractor of its responsibility for the completed work or work not included in the notice of termination, nor shall it relieve the Surety of its obligation for and concerning any just claims arising out of the Work performed or remaining to be performed. In accordance with Subsection 105.17, the Contractor must submit, within sixty (60) calendar days of the effective termination date, any claim for additional costs as set out above.
108.10 Termination of Co ntractor's Responsibility. The Contract will be considered
complete when all work has been satisfactorily completed, the final inspection made, the work accepted by the Executive Director, and the final estimate paid. When the Executive Director writes the formal letter of acceptance, the Contractor will be released from further obligation except, for any warranty obligations or latent defects within one (1) year of final acceptance, as set forth in the Contract performance and payment bond(s), or as provided by law. SECTION 109 - MEASUREMENT AND PAYMENT
109.01 Measurement of Quantities. The measurement and determination of quantities
for each pay item will be made in general as pr escribed hereinafter, and specifically as set out under Method of Measurement and Basis of Payment for each respective pay item. Actual authorized quantities of work, complete and accepted under the Contract, will be
Source: Mississippi Standard Specifications for Road and Bridge Construction, 2017 Edition. Pages 86–100 of 1,113.