00180.15 97 Section 00180 - Prosecution and Progress
00180.00Scope - This Section consists of requirements for assignment of the Contract,
subcontracting, time for perf ormance, Contract responsibility, suspensions, terminations, and related provisions.
00180.05Assignment/Delegation of Contract - Unless the Agency gives prior written consent,
which will not be unreasonably withheld, the Contractor shall not assign, delegate, sell, or otherwise transfer or dispose of any rights or obligations under the Contract , whether voluntarily or involuntarily , and whether by merger, consolidation, dissolution, operation of law, or any other manner, including, without limitation:
The power to execute or duty to perform the Contract; or Any of its right, title or interest in the Contract. Any purported or attempted assignment, delegation, sale, transfer or disposition without prior Agency consent shall be voidable.
If written Agency consent is given to assign, delegate, sell, or otherwise transfer or dispose of any rights or obligations under the Contract, such consent shall not relieve the Contractor or its Surety of any part of their duties, obligations, responsibilities , or liabilities under or pursuant to the Contract.
00180.06Assignment of Funds Due under the Contract - Assignment of funds due or to become
due under the Contract to the Contractor will not be permitted unless:
The assignment request is made on the form provided by the Agency; The Contractor secures the writt en consent of the Contractor's Surety to the assignment; and The Engineer gives prior written consent to the assignment , which will not be unreasonably withheld.
00180.10Responsibility for Contract - The Contractors hall direct and coordinate the operations
of its employees, Subcontractors and agents performing Work, and see that the Engineer's orders are carried out promptly. The Contractor's failure to direct, supervise and control its employees, Subcontractors and agents performing Work will result in one or more of the following actions, as the Engineer deems appropriate:
• Suspension of the Work; • Withholding of Contract payments, as necessary to protect the Agency; • Ordering removal of individuals from the Project Site; or • Termination of the Contract.
00180.15Agency's Right to Do Work at Contractor's Expense - Except as otherwise provided
in 00150.75 and 00220.60, if the Contractor neglects to prosecute the Work properly or fails to perform any provision of the Contract, the Agency may, after 2 Calendar Days' written notice, correct the deficiencies at the Contractor's expense. In situations where the Engineer reasonably believes there is danger to life or property, the Agency may immediately and without notice correct the deficiencies at the Contractor's expense.
Action by the Agency under this provision will not prejudice any other remedy it may have.
00180.20 98 00180.20 Subcontracting Limitations :
the original Contract Amount. The value of subcontracted Work is the full compensation to be paid to the Subcontractor(s) for all pay items in the subcontract(s).
employees of the Contractor, Equipment owned or rented by the Contractor, Incidental rental of operated Equipment, truck hauling of m aterials not included in or requiring a subcontract , and Materials and Equipment to be incorporated into the Work purchased or produced by the Contractor.
hauling of materials which is addressed in 00180.20(e), will be allowed without a subcontract only when the following requirements are met:
describing the work or service to be provided, its estimated cost, and its estimated duration. The Engineer must approve the request before the work or service is provided.
Incidental, short -duration work or services under the direct supervision of the Contractor or Subcontractor, with Equipment not customarily owned, rented, leased, or operated by a Contractor, or with Equipment that is temporarily unavailable to the Contractor.
or purchase order covering the work or service to be provided. The Contractor shall make certain that the provider of approved work or services submits payrolls required under Section 00170 and complies with applicable Contract provisions, including, without limitation, 00170.07. The work or service provider will not be considered a Subcontractor under the Contract, but the work or services will be considered to have been performed by the Contractor’s own organization for the purposes of determining compliance with 00180.20(a) .
provided through rented, operated Equipment at any time the Engineer determines that the work is outside that authorized under 00180.20(c)(2). Unless the Contractor promptly submits to the Engineer a subcontract agreement for consent under 00180.21, the work or service provider shall be immediately removed from the Project Site.
without li mitation , subcontracts, trucking services agreements, purchase orders, and rental agreements, shall indicate whether the Work will be performed by a DBE or non-DBE.
This Subsection applies to all truck hauling of m aterials not performed with trucks owned (or rented) and operated by the Contractor . If the services under Rental of Operated Equipment or Trucking are provided by a committed DBE firm, a subcontract is required under 00180.21. For this purpose a committed DBE firm is one that was identified by the Contractor to meet an assigned DBE goal including DBE firms substituting for DBE firms committed as a condition of Contract Award.
conference one or more proposed trucking services agreements for all trucking services for hauling materials. The proposed agreements shall include:
• Statement specifying whether the services will be provided by a DBE; 00180.20 99 • Statement specifying whether the services will be provided by an owner/operator; • Prompt payment clause (10 days) (ORS 279C.580); • Interest penalty clause (ORS 279C.580); • Lower -tier clause (ORS 279C.580); • Statement about the provider’s ability to file a complaint with the Construction Contractors Board (ORS 279C.515); • Statement that workers shall be paid not less than the specified minimum hourly rate of wage (ORS 279C.830) as applicable; • Provision requiring the provider to have a public works bond filed with the Construction Contractors Board before starting work on the Project, unless exempt under ORS 279C.836(4) or (9) , or has elected to not file a bond under ORS 279C.836(7) or (8), or is otherwise not applicable; • Insurance clauses that include Commercial Automobile Liability and Workers Compensation (ORS 656.017 unless exempt under ORS 656.126); • Provision requiring the provider to comply with applicable Contract provisions , including , without limitation , Record Requirements in 00170.07; and • Construction Contractors Board License Number if applicable. The Agency must review and consent to the proposed trucking services agreements prior to use.
services for hauling m aterials not provided by truc ks owned (or rented) and operated by the Contractor except for trucking services provided by committed DBEs that require a subcontract under 00180.21. The Contractor shall execute a trucking services agreement with every trucking services provider for hauling materials prior to the trucking services provider doing any W ork on the Project Site.
trucking services agreement not later than 2 Days after the trucking services provider for hauling materials has started work. The Contractor shall make certain that the provider of approved trucking services submits payrolls required under Section 00170, complies with applicable Contract provisions, including , without limitatio n, 00170.07, and complies with applicable trucking services agreement provisions. The work or service provider will not be considered a Subcontractor under the Contract, but the work or services will be considered to have been performed by the Contractor’ s own organization for the purposes of determining compliance with 00180.20(a) . If the trucking services are provided by an owner/operator:
• Attach a copy of the data required under 00170.65( b)(4) to the trucking services agreement; and • Each truck shall have the name of the owner/operator clearly displayed on the side of the truck.
provided under the trucking services agreement at any time the Engineer determines that the work or service is outside that authorized under 00180.20(e). Upon revocation of approval, the service provider shall be immediately removed from the Project Site.
00180.21 100 00180.21 Subcontracting :
than the Contractor's own organization without the Agency's prior written consent. A request for consent to subcontract, at any tier, solely for the furnishing of a labor force will not be consid ered. A written request for consent to subcontract any portion of the Contract at any tier shall be submitted to the Engineer, and when required by the Engineer, shall be accompanied by background information showing that the organization proposed to perf orm the Work is experienced and equipped for such Work. The Agency will review the Contractor's submission to verify compliance with Contract requirements, confirm the percentage of Work subcontracted, and evaluate the proposed Subcontractor's ability to perform the Work. If the Agency approves the Contractor's request to subcontract, the Agency will provide its consent to the Contractor's request as follows:
• If the Subcontractor is not providing any of the insurance coverages as permitted under
00170.70(a), the Agency will respond within 7 Calendar Days after the Engineer's receipt of
the request. • If the Subcontractor is providing any of the insurance coverages as permitted under
(a), the Agency will respond within 35 Calendar Days after the Engi neer's receipt of
the request. (28 Calendar Days for the Agency to review and approve the Certificates of Insurance required by 00170.70(f) plus 7 Calendar Days to review and approve the subcontract request.)
The Engineer may revoke consent to subcontract . If the Engineer revokes consent to subcontract, the Subcontractor shall be immediately removed from the Project Site.
portion of the Contract, at any tier, on the Agency's form, available from the Engineer. The Contractor shall attach a duplicate original subcontract agreement. The Contractor must also submit in writing any amendments or modifications proposed to Agency -approved subcontract agreements, at any tier, before the affected Work begins. The Agency's written consent will be required before such amendments or modifications become effective. The Contractor and proposed Subcontractors shall review the Agency's Conflict of Interest Guidelines, and if any disclosures are required, they shall complete the Conflict of Interest Disclosure Form(s) and submit them with the request for consent to subcontract. The ODOT Conflict of Interest Guidelines and Conflict of Interest Disclosure Form are available on the ODOT Procurement Office website (see 00110.05(e)).
If disclosures are not required under the Agency's Conflict of Interest Guidelines, no disclosures need be submitted.
The Subcontractors shall also otherwise be and remain in compliance with the Agen cy's Conflict of Interest Guidelines. ( See 00170.78. )
undisclosed first -tier Subcontractor according to the provisions of ORS 279C.585. The Contractor shall provide the Engineer with a written notification that identifies the name of the proposed new Subcontractor and the reason for the substitution. Authorized reasons for substitution are limited to the following circumstances (see ORS 279C.585(1) through ORS 279C.585(10)):
• The disclosed Subcontractor fails or refuses to execute a written contract that is reasonably based either upon the Project Plans and Specifications, or the terms of the Subcontractor's written Bid, after having had a reasonable opportunit y to do so; 00180.21 101 • The disclosed Subcontractor becomes bankrupt or insolvent; • The disclosed Subcontractor fails or refuses to perform the contract; • The disclosed Subcontractor fails or refuses to meet the bond requirements of the prime Contractor that had been identified prior to the Bid submittal; • The Contractor demonstrates to the Agency that the Subcontractor was disclosed as the result of an inadvertent clerical error; • The disclosed Subcontractor does not hold a license from the Construction Contractors Board and is required to be licensed by the board; • The Contractor determines that the Work performed by the disclosed Subcontractor is not in substantial compliance with the Plans and Specifications, or that the Subcontractor is substantially delaying or disrupting the progress of the Work; • The disclosed Subcontractor is ineligible to work on a public improvement according to the applicable statutory provisions; • The substitution is for "good cause" as defined by State Construction Contractors Board rule; or • The substitution is reasonably based on the Contract alternates chosen by the Agency.
subcontract shall be conducted and performed according to, and shall include, the pertinent requirements, provisions, terms , and conditions of the Contract. Compliance with 00170.07 is required. All subcontracts, including Contractor's with the first -tier Subcontractors and those of the first-tier Subcontractors with theirS ubcontractors, and any other lower -tier subcontracts shall contain a clause or condition that if the Contractor or a Subcontractor fails, neglects, or refuses to make payment to an Entity furnishing labor or Materials in connection with the Contract, the Entity may file a complaint with the Construction Contractors Board, unless payment is subject to a good- faith dispute as defined in ORS 279C.580. Additionally, according to the provisions of ORS 279C.580, subcontracts shall include:
satisfactory performance under the subcontract within 10 Calendar Days out of amounts the Agency pays to the Contractor under the Contract.
form that the first-tier Subcontractor may use as an application for payment or as another method by which the Subcontractor may claim a payment due from the Contractor.
use the same form and regular administrative procedures for processing payments during the entire term of the subcontract. The Contractor may change the form or the regular administrative procedures the Contractor uses for processing payments if the Contractor:
• Notifies the Subcontractor in writing at least 45 Calendar Days before the date on which the Contractor makes the change; and • Includes with the written notice a copy of the new or changed form or a description of the new or changed procedure.
the first-tier Subcontractor an interest penalty on amounts due in each payment the Contractor does not make in accordance with the payment clause included in the subcontract under 00180.21 (d)(1). The Contractor or first -tier Subcontractor is not obligated to pay an interest penalty if the only reason that the Contractor or first -tier Subcontractor did not make 00180.22 102 payment when payment was due is that the Contractor or first -tier Subcontractor did not receive payment from the Agency or the Contractor when payment was due. The interest penalty applies to the period that begins on the day after the required payment date and ends on the date on which the amount due is paid; and shall be computed at the rate specified in 00170.10(c).
and an interest penalty clause that conform to the standards of ORS 279C.580 (see 00180.21(d)( 1) and 00180.21(d)( 4)) in each of the first -tier Subcontractor's subcontracts and to require each of the first- tier Subcontractor's Subcontractors to include such clauses in its subcontracts with each lower -tier Subcontractor or Material Supplier.
These payment clauses shall require the Contractor to return all retainage withheld from the Subcontractor, whether held by the Contractor or the Agency, as specified in 00195.50(d).
As required by ORS 279C.800 through ORS 279C.870, subcontracts shall include:
• A provision requiring the Subcontractor to have a public works bond filed with the Construction Contractors Board before starting Work on the Project, unless exempt. • A provision requiring that the workers shall be paid not less than the specified minimum hourly rate of wage.
As and when applicable, the Contractor shall require in its subcontracts that Subcontractors maintain the certifications required by ORS 279A.107.
subcontract, whether or not stated in the subcontract agreement itself, the Contra ctor shall remain solely responsible for administration of the subcontract, including, but not limited to:
• Performance of subcontracted Work; • Progress of subcontracted Work; • Payments for accepted subcontracted Work; and • Disputes and claims for additional compensation regarding subcontracted Work.
The Engineer's consent to subcontract will not create a contract between the Agency and the Subcontractor, will not convey to the Subcontractor any rights against the Agency, and will not relieve the Contractor or the Contractor's Surety of any of their responsibilities under the Contract.
action reasonably necessary to obtain compliance. This action may include, but is not limited to:
• Suspension of the Work; • Withholding of Contract payments as necessary to protect the Agency; and • Termination of the Contract.
Small Business ( ESB) Subcontractor, the Agency may offer the Contractor and its ESB Subcontractor an opportunity to enter into a Project specific Mentor -Protégé Agreement.
The Project specific Mentor -Protégé Agreement will be paid for and specified by Change Order.
00180.22Payments to Subcontractors and Agents of the Contractor - To the extent practicable,
the Contractor shall pay in the same units and on the same basis of measurement as listed in the Schedule of Items for subcontracted Work or other Work not d one by the Contractor's own organization. The Agency will not be responsible for any overpayment or losses resulting from 00180.31 103 overpayment by the Contractor to Subcontractors and to its other agents, work providers, service providers, and trucking services pro viders .
If requested, the Engineer will make estimates of the Work quantities performed by Subcontractors or by others on the Project, and of Materials eligible for advances on Materials in the progress payments. These estimates are approximate only, and will be made in units of measure as listed in the Schedule of Items. The Agency does not guarantee the accuracy of these estimates, and an incorrect estimate will not bind the Agency in final settlement.
If requested in writing by a first -tier Subcontra ctor, the Contractor shall send to the Subcontractor, within 10 Calendar Days of receiving the request, a copy of that portion of any invoice or request for payment submitted to the Agency, or pay document provided by the Agency to the Contractor, specific ally related to any labor, Equipment, or Materials supplied by the first -tier Subcontractor.
00180.30Materials, Equipment, and Work Force - The Contractor shall furnish suitable and
sufficien t Materials, Equipment, and personnel to properly prosecute and complete the Work. The Contractor shall use only Equipment of adequate size and condition to meet the requirements of the Work and Specifi cations, and to produce a satisfactory quality of Work. Upon receipt of the Engineer's written order, the Contractor shall immediately remove, and not use again on the Project without the Engineer's prior written approval, Equipment that, in the Engineer' s opinion, fails to meet Specifications or produce a satisfactory product or result.
The work force shall be trained and experienced for the Work to be performed. Upon receipt of the Engineer's written order, the Contractor shall immediately remove from the Project Site, and shall not employ again on the Project without the Engi neer's prior written approval, any supervisor , employee, worker, agent or other provider of the Contractor or of any Subcontractor or Supplier who, in the Engineer's opinion, does not perform satisfactory Work or whose conduct interferes with the progress of the Work.
If the Contractor fails to remo ve Equipment or persons as ordered, or fails to furnish suitable and sufficient Materials, Equipment and personnel for the proper prosecution of the Work, the Engineer may suspend the Work by written notice until such orders are complied with and such deficiencies are corrected, or the Engineer may terminate the Contract under the provisions of 00180.90(a).
00180.31Required Materials, Equipment, Products, and Methods - The Engineer's decisions
under this Section are final. Substitutions after Award will be considered as provided below unless specified as the subject of an exemption per ORS 279C.345. See 00120.16 for possible substitutions before Bid Opening.
Equipment or methods that accomplish the Work as required by the Contract will be permitted. When the Contract specifies certain Equipment or methods, the Contractor shall use the Equipment or methods specified unless otherwise authorized by the Engineer in writing.
Work - After execution of the Contract, the Engineer may approve substitution of Materials , products, and Equipment to be incorporated into the Work as follows:
• The proposed Materials , products, or Equipment are equal to or superior to the specified items in construction, efficiency and utility; or 00180.32 104 • Due to reasons beyond the control of the Contractor, the specified Materials , products, or Equipment cannot be delivered to the Project in sufficient time to complete the Work in proper sequence.
Engineer, including manufac turers' brochures and other information needed to verify equality of the proposed item(s).
development of new or improved Equipment and innovative use of Equipment. When the Specifications require Equipment of a particular size or type to be used to perform certain portions of the Work, the Contractor may submit a request to the Engineer to use Equipment of a different size or type. The request will not be considered as a co st reduction proposal under 00140.70. The request shall:
• Be in writing and include a full description of the Equipment proposed and its intended use; • Include the reasons for requesting the substitution; and • Include evidence, obtained at the Contractor's expense and satisfactory to the Engineer, that the proposed Equipment is capable of functioning as well as or better than the specified Equipment. The Engineer will consider the Contractor's request and will provide a written response to the Contractor, e ither permitting or denying use of the proposed Equipment.
Permission may be granted on a trial basis to test the quality of Work actually produced, subject to the following:
• There will be no cost to the Agency, either in Contract Amount or in Contract T ime; • The permission may be withdrawn by the Engineer at any time if, in the Engineer's opinion, the Equipment is not performing in all respects equivalent to the Equipment specified in the Contract; • If permission is withdrawn, the Contractor shall perform the remaining Work with the originally -specified Equipment; and • The Contractor shall remove and replace non-specification work resulting from the use of the Contractor's proposed Equipment, or otherwise correct it as the Engineer directs, at no additional compensation.
innovative construction methods. When the Plans or Specifications require a certain construction method for a portion of the Work, the Contractor may submit a request for a change by following the provisions of 00140.70, "Cost Reduction Proposals".
00180.32Alternative Materials, Equipment, and Methods - Whenever the Contract authorizes
certain alter native Materials, Equipment, or methods of construction for the Contractor's use to perform portions of the Work, and leaves the selection to the Contr actor, the Agency does not guarantee that all listed alternative Materials, Equipment, or methods of cons truction can be used successfully throughout all or any part of the Work. The Contractor shall employ only those alternatives that can be used to sati sfactorily perform the Work. No additional compensation will be paid for corrective work necessitated by the Contractor's use of an inappropriate alternative.
00180.41 105 00180.40 Limitation of Operations :
• Conduct the Work at all times so as to cause the least interference with traffic, and • Not begin Work that may allow damage to Work already started.
• Received Notice to Proceed; • Filed with the Construction Contractors Board the public works bond as required in 00170.20; • An approved Project Work schedule; • An approved Traffic Control Plan; • An approved Pollution Control Plan; • An approved Erosion and Sediment Control Plan; • Met with the Engineer at the required preconstruction conference; and • Assembled all Materia ls, Equipment, and labor on the Project Site, or has reasonably assured that they will arrive on the Project Site, so the Work can proceed according to the Project Work schedule.
00180.41Project Work Schedules - The Contractor shall submit a Project Work schedule meeting
the requirements of this Subsection to the Engineer. The P roject Work schedule is intended to identify the sequencing of activities and time required for prosecution of the Work. The schedule is used to plan, coordinate, and control the progress of construction. Therefore, the Project Work schedule shall provide for orderly, timely, and efficient prosecution of the Work, and shall contai n sufficient detail to enable both the Contractor and the Engineer to plan, coordinate, analyze, document, and control their respective Contract responsibilities. Sufficient detail shall also include all required double shifts, overtime work, or combinati on of both necessary to complete Contract Work within the Contract Time.
Contractor's ac tivity related to developing, furnishing, monitoring, and updating these required schedules is Incidental.
The Contractor shall submit a supplemental "look ahead" Project Work schedule each week to the Engineer. The "look ahead" Project Work schedule is supplemental to the Type A, B, or C schedule specified below. The supplemental "look ahead" Project Work schedule shall:
• Identify the sequencing of activities and time required for prosecution of the Work. • Provide for orderly, timely, and efficient prosecution of the Work. Contain sufficient detail to enable both the Contractor and the Engineer to plan, coordinate, analyze, document, and control their respective Contract responsibilities. The supplemental "look ahead" Project Work schedule shall be written in common terminology and show the planned Work activities broken down into l ogical, separate activities by area, stage, and size and include the following information:
• The resources the Contractor, Subcontractors, or services will use. • The locations of each activity that will be done including the limits of the W ork by mile posts , stations, or other indicators. • The time frames of each activity by Calendar Days, shifts, and hours. • All anticipated Shoulder, lane, and road closures. 00180.41 106 At a minimum, the Contractor shall prepare a bar chart that:
• Shows at least 3 weeks of activity including the week the bar chart is issued. • Uses a largest time scale unit of 1 Calendar Day. Smaller time scale units may be used if needed. • Is appropriate to the activities. • Identifies each Calendar Day by month and day.
Include the Contract name, Contract number, Contractor's name, and date of issue on each page of the bar chart.
The Contractor shall submit the supplemental "look ahead" Project Work schedule starting at First Notification and continuing each week until Second Notification has been issued and all punch list items and final trimming and clean-up has been completed. The Contractor shall meet with the Engineer each week to review the supplemental "look ahead" Project Work schedule. If the Engineer or the Contract or determines that the current supplemental "look ahead" Project Work schedule requires changes or additions, either notations can be made on the current schedule or the Engineer may require the submittal of a revised supplemental "look ahead" Project Work schedule. Review of the current and subsequent supplemental "look ahead" Project Work schedules does not relieve the Contractor of responsibility for timely and efficient execution of the Contract.
One of the following Type "A", "B", or "C" schedules wi ll be required under the Contract. The type of schedule will be identified in the Special Provisions.
following:
Contractor shall provide to the Engineer four copies of a Project Work schedule, including a time- scaled bar chart and narrative, showing:
• Expected beginning and completion dates of each acti vity, including all staging; and • Elements of the Traffic Control Plan as required under 00221 .06. The schedule shall show detailed Work activities as follows:
• Construction activities; • The time needed for completion of the U tility relocation work; • Submit tal and approval of Materials samples and shop drawings; • Fabrication, installation, and testing of special Materials and Equipment; and • Duration of Work, including completion times of all stages and their sub phases. For each activity, the Project Work schedule shall list the following information:
• A description in common terminology; • The quantity of Work, where appropriate, in common units of measure; • The activity duration in Calendar Days; and • Scheduled start, completion, and time frame shown graphically using a time- scaled bar chart.
00180.41 107 The schedule shall show the Work broken down into logical, separate activities by area, stage, or size. The duration of each activity shall be verifiable by manpower and Equipment allocation, in common units of measure, or by delivery dates. The bar chart shall be prepared as follows:
• The length of bar shall represent the number of workdays scheduled. • The time scale shall be appropriate for the duration of the Contract. • The time scale shall be in Calendar Days. • The smallest unit shown shall be 1 Calendar Day. • The first day and midpoint of each month shall be identified by date. • Distinct symbols shall be used to denote multiple shift, holiday, and weekend Work.
Each page of the bar chart shall include a title bl ock showing the Contract name and number, Contractor's name, date of original schedule, and all update dates; and a legend containing the symbols used, their definitions, and the time scale, shown graphically. To ensure readability the bar chart shall be drawn on a reasonable size of paper up to a maximum of 36 inch by 36 inch, using multiple sheets when needed.
Within 7 Calendar Days after the preconstruction conference, the Engineer and the Contractor shall meet to review the Project Work schedule as su bmitted. The Engineer will review the schedule for compliance with all Contract Time limitations and other restraints. Review of this and subsequent schedules by the Engineer shall not relieve the Contractor of responsibility for timely and efficient exe cution of the Contract. Within 10 Calendar Days of this meeting, the Contractor shall resubmit to the Engineer four copies of the Project Work schedule, including required revisions.
progresses. Therefore, the Contractor shall periodically review the Project Work schedule and progress of the Work with the Engineer. If the Engineer or the Contractor determines that the Project Work schedule no longer represents the Cont ractor's own plans or expected time for the Work, a meeting shall be held between the Engineer and the Contractor. At this meeting, the Contractor and the Engineer shall review Project events and any changes for their effect on the Project Work schedule.
The Contractor shall compile an updated Project Work schedule incorporating any changes to the Project completion time(s). The bar chart shall reflect the updated information. The Contractor shall submit four copies of the updated Project Work schedule to the Engineer within 7 Calendar Days after the meeting. The report shall include without limitation the following:
• Sufficient narrative to describe the past progress, anticipated activities, and stage Work; • A description of any current and expected changes or delaying factors and their effect on the construction schedule; and • Proposed corrective actions.
following:
Contractor shall provide to the Engineer four copies of a time-scaled bar chart Project Work sched ule showing:
00180.41 108 • Expected beginning and completion date of each activity, including all staging; and • Elements of the Traffic Control Plan as required under 00221 .06.
The initial schedule shall show all Work intended for the first 60 Days of the Contract to t he level of detail described in (2) below , and shall show the priority and interdependence (sequencing and network logic) of all major segments of the remainder of the Work .
after the Notice to Proceed, the Contractor shall provide the Engineer one digital copy and four paper copies of a detailed time-scaled bar chart Project Work schedule indicating the critical course of the Work. The digital copy shall be compatible with the current version of Microsoft Project, the current version of Primavera P6 by Oracle, or another scheduling program approved by the Engineer.
Detailed work schedule activities shall include the following:
• Construction activities; • The time needed for completion of the U tility relocation work; • Submittal and approval of Material samples and shop drawings; • Procurement of critical Materials; • Fabrication, installation, and testing of special Material and Equipment; and • Duration of Work, including completion times of all stages and their sub phases. For each activity, the Project Work schedule shall list the following information:
• A description in common terminology; • The quantity of Work, where appropriate, in common units of measure; • The activity duration in normal workdays; and • Scheduled start, completion, and time frame shown graphically using a time- scaled bar chart. The schedule shall show the Work broken down into logical, separate activities by area, stage, or size. The duration of each activity shall be verifiable by manpower and Equipment allocation, in common units of measure, or by delivery dates. The bar chart shall be prepared as follows:
• The length of bar shall represent the number of normal workdays scheduled. • The time scale shall be appropriate for the duration of the Contract. • The time scale shall be in normal workdays (every day except Saturday, Sunday, and legal holidays). • The smallest unit shown shall be 1 Calendar Day. • The first day and midpoint of each month shall be identified by date. • Distinct symbols shall be used to denote multiple shift, holiday, and weekend Work.
The bar chart drawing(s) shall include a title block showing the Contract name and number, Contractor's name, date of original schedule, and all update dates; and a legend containing the symbols used, their definitions, and the time scale, shown graphically. To ensure readability the bar chart shall be drawn on a reasonable size of paper up to a maximum of 36 inch x 36 inch, using multiples heets when needed. 00180.41 109 Within 10 Calendar Days after submission of the Project schedule the Engineer and the Contractor shall meet to review the Project schedule as submitted. Within 10 Days of the review meeting, the Contractor shall resubmit to the Engineer one digital and four paper copies of the Project schedule, including required revisions.
The accepted Project schedule shall represent all Work, as well as the planned sequence and time for the Work. Review of this and subsequent schedules by the Engineer shall not relieve the Contractor of responsibility for timely and efficient execution of the Contract.
progresses. Therefore, the Contractor shall monitor and when necessary revise the Project Work schedule as follows:
Work schedule and progress of the Work with the Engineer. If the Engineer or the Contractor determines that the Project Work schedule no longer represents the Contractor's own plans or expected time for the Work, a meeting shall be held between the Engineer and the Contractor. At this meeting, the Contractor and the Engineer shall review Project events and any changes for their effect on the Project Work schedule. After any necessary action has been agreed upon, the Contractor shall make required changes to the Project Work schedule.
The Contractor shall collect information on all activities worked on or scheduled to be worked on during the previous report period, including shop drawings, Material procurement, and Contract Change Orders that have been issued. Information shall include commencement and completion dates on activities started or completed, or if still in progress, the remaining time duration.
The Contractor shall develop detailed sub- networks to incorporate changes, Additional Work, and Extra Work into the Project Work schedule. Detailed sub-networks shall include all necessary activities and logic connectors to describe the Work and all restrictions on it. The restraints shall include those activities from the Project Work schedule that initiated the sub-network as well as those restrained by it. The Contractor shall evaluate this information and compare it with the Contractor's Project schedule. If necessary, the Contractor shall make an updated bar chart schedule to incorporate the effect changes may have on the Project completion time(s). For any activity that has started, the Contractor shall add a symbol to show the actual date the activity started and the number of normal workdays remaining until completion. For activities that are finished, a symbol shall be added to show the actual date. The Contractor shall submit one digital and four paper copies of the updated bar chart to the Engineer within 7 Days after the progress meeting, along with a progress report as required by "b." below.
month. The report shall include the following:
• Sufficient narrative to describe the past progress, anticipated activities, and stage Work; • A description of any current and expected changes or delaying factors and their effect on the construction schedule; and • Proposed corrective actions.
00180.41 110 (c) Type "C" Schedule - When a Type "C" Schedule is required, the Contractor shall do the following:
Contractor shall provide to the Engineer one digital copy and four paper copies of a time- scaled bar chart Project Work schedule. The digital copy shall be compatible with the current version of Microsoft Project, the current version of Primavera P 6 by Oracle, or another scheduling program approved by the Engineer. The initial schedule shall show :
• The expected beginning and completion date of each activity, including all stages and phases; • The time needed for compl etion of the U tility relocation work; and • The elements of the T raffic Control Plan as required under 00221 .06.
A logic diagram and a time-scaled bar chart will be acceptable in lieu of a time -scaled logic diagram.
The initial schedule shall show all Work intended for the first 60 Days of the Contract to the level of detail described in (2) below , and shall show the priority and interdependence (sequencing and network logic) of all major segments of the remainder of the Work .
within 30 Calendar Days after First Notification, the Contractor shall provide the Engineer one digital copy and four paper copies of a detailed time-scaled critical path method (CPM) network Project Work schedule and computer analysis printout, both clearly indicating the critical path. The digital copy shall be compatible with the current version of Microsoft Project, the current version of Primavera P 6 by Oracle , or another scheduling program approved by the E ngineer. The first submitted detailed time -scaled critical path method (CPM) network Project Work schedule shall also contain a listing of the quantity of Work for each activity, when appropriate, in common units of measure.
Detailed work schedule activities shall include the following:
• Construction activities; • Any limitations of operation specified in 00180.40; • The time needed for completion of the U tility relocation work; • Implementation of TCP for each stage and phase; • Submittal and appr oval of Material samples, mix designs, and shop drawings; • Agency timeframes to process and return Contractor submitted plans, Working Drawings, Equipment lists and other submittals; • Procurement of critical Materials; • Fabrication, installation, and testing of special Material and Equipment; • Duration of Work, including completion times of all stages and their sub-phases; and • Specified cure times for all concrete elements .
The activities shall be separately identifiable by coding or use of sub-networks or bot h. The duration of each activity shall be verifiable and consistent with the description in the Project narrative required in (3) below.
00180.41 111 Detailed sub- networks shall include all necessary activities and logic connectors to describe the Work and all restri ctions on it. In the restraints, include those activities from any Project Work schedule that initiated the sub- network as well as those restrained by it.
The time scale used on the Contractor's detailed time-scaled critical path method (CPM) network Project Work schedule shall be appropriate for the duration of the activities and the Project duration. The time scale shall be in normal workdays, defined as every day except Saturday, Sunday and legal holidays, with calendar dates identified no less than t he first and midpoint of each calendar month. The smallest unit shown shall be 1 Day. The network shall show the length of the activity or part scaled to accurately represent the number of normal workdays scheduled. Distinct symbols or graphics shall be used to show multiple shift, holiday, or weekend work. The schedule network drawing(s) shall include a title block showing the Contract name and number, Contractor's name, date of original schedule, and all update dates; and a legend containing the symbols used, their definitions, and the time scale, shown graphically. To ensure readability the drawings shall be on a reasonable size of paper up to a maximum of 36 inch x 36 inch, using multiple sheets when needed.
The Contractor shall include a tabulatio n of each activity in the computer mathematical analysis of the network diagram. The following information represents the minimum required for each activity:
• Event (node) number(s) for each activity; • Maintain event (node) numbers throughout the Project; • Activity description; • Original duration of activities (in normal workdays); • Estimated remaining duration of activities (in normal workdays); • Earliest start date and actual start date (by calendar date); • Earliest finish date and actual finish date (by calendar date); • Latest start date (by calendar date); • Latest finish date (by calendar date); and • Slack or float time (in workdays). Computer print -outs shall consist of at least a node sort and an "early start/total -float" sort.
Within 14 Calendar Days after submission of the detailed time -scaled critical path method (CPM) network Project Work schedule, the Engineer and the Contractor shall meet to review the detailed time-scaled critical path method (CPM) network Project Work schedule as submitted. Within 7 Calendar Days of the meeting, the Contractor shall resubmit to the Engineer one digital and four paper copies of the detailed time- scaled critical path method (CPM) network Project Work schedule, including required revisions. This first accepted detailed time- scaled critical path method (CPM) network Project Work schedule, also called the accepted Project Work schedule, shall represent all Work, as well as the planned sequence and time for the Work. Review and acceptance of any Project Work schedules and Project narratives by the Engineer shall not relieve the Contractor of responsibility for timely and efficient execution of the Contract.
after First Notification, the Contractor shall provide to the Engineer a final written Project 00180.41 112 narrative that discusses the planning, coordinating, scheduling and resourcing of the Work. The Project narrative shall include the following written description:
• Plans for staging the Project. • All critical activities. • All near critical activities defined as those with less than 30 Days of float. • All Subcontractor activities that are critical, near critical, and those that are greater than two weeks in duration. • Labor resourcing, b y stage and phase, to include the number of crews, average crew size and planned night/weekend shifts including that of Subcontractors. • Equipment allocation, by stage and phase to include mobilization, demobilization and planned activities including that o f Subcontractors. • Notifications required under the Contract during each stage and phase which may include but is not limited to road closures, lanes closures, night work, cold plane Pavement removal, and pile driving. • Provide discussion on addressing reasonably predictable weather conditions and their impact on all weather sensitive activities. Also, provide discussion on other weather limitations that may affect the Project schedule. • Submittal and approval of material samples, mix designs, and shop drawings. • Procurement of critical materials. • Plans for dealing with "unique" construction items. • Coordination of utilities and any immediate concerns for impacts/delays. • Constructability issues. • Cost Reduction Proposals and/or immediate requests for changes to the Specifications. • Concerns/issues that need to be addressed within the first 90 Days following First Notification.
The accepted Project narrative shall represent all critical and near cri tical Work, as well as the planned sequence and time for the Work.
progresses. Therefore, the Contractor shall monitor and when necessary revise the Project Work sched ule as follows:
Project Work schedule and progress of the Work with the Engineer. If the Engineer or the Contractor determines that the accepted Project Work schedule no longer represents the Contractor's own plans or expected time for the Work, a meeting shall be held between the Engineer and the Contractor. At this meeting, the Contractor and the Engineer shall review Project events and any changes for their effect on the accepted Project Work schedule. After any necessary action has been agreed upon, the Contractor shall make required changes to the accepted Project Work schedule and associated Project narrative. Upon acceptance by the Engineer, this will become the new accepted Project Work schedule and associated Project narrative. The Contractor shall collect information on all activities worked on or scheduled to be worked on during the previous report period, including shop drawings, Material procurem ent, and Contract Change Orders that have been issued. Information shall include actual start and completion dates on activities started or completed, or if still in progress, the remaining time duration. 00180.41 113 The Contractor shall develop detailed sub- networks to incorporate changes, Additional Work, and Extra Work into the Project Work schedule. Detailed sub-networks shall include all necessary activities and logic connectors to describe the Work and all restrictions on it. The restraints shall include thos e activities from the Project Work schedule that initiated the sub-network as well as those restrained by it. The procedure for acceptance of the revised or updated Project Work schedule as the new accepted Project Work schedule will be as provided above.
The Contractor shall evaluate this information each month and compare it with the accepted Project Work schedule. The Contractor shall make an updated bar chart schedule to incorporate the effect changes may have on the Project completion time(s). For any activity that has started, the Contractor shall add a symbol to show the actual date the activity started and the number of normal workdays remaining until completion. For activities that are finished, a symbol shall be added to show the actual date. The Contractor shall submit, digitally and in paper, copies of the updated bar chart to the Engineer within 7 Days after the progress meeting, along with a progress report as required by "b." below.
update of the Project Work schedule to the Engineer. The report and updated schedule shall be submitted both digitally and in paper copy and shall include the following:
• A sufficient description, in narrative form, to describe the past progress, anticipated activities, and stage Work; • A description of any current and expected changes or delaying factors and their effect on the construction schedule; • Proposed corrective actions; • Proposals to keep the Project on schedule in the event of a delay; and • Any changes to the logic as compared to the accepted Project Work schedule.
schedule may be substituted for the Type "A" schedule.
When a Type "B" schedule is required, a Type "C" schedule may be substituted for the Type "B" schedule.
in any Project Work schedule and any revised or updated Project Work schedules shall be within the Contract Time(s) specified for the Project, or within adjusted Contract Times approved according to 00180.80(c). Acceptance of any Project Work schedule or any revised or updated Project Work schedules shall not constitute approval of any completion dates that exceed such Contract Time(s) . If the Contractor believes that additional Contract Time is due, the Contractor shall submit, with a revised Project Work schedule, a request for adjustment of Contract Time according to 00180.80(c). A request for an adjustment of Contract Time will be evaluated using the most recently accepted Project Work schedule.
Contractor's scheduled completion date and the specified Contract Time(s), does not exist for the exclusive use of either party to the Contract and belongs to the Project.
Project narrative, does not constitute or substitute for any notice the Contractor is required under the terms of the Contract to give the Agency.
00180.42 114 (h) Failure to ProvideS chedule - The Project Work schedule is essential to the Agency. The Contractor's failure to provide the schedule, schedule information, progress reports, Project narratives, or schedule updates when required will be cause to suspend the Work, or to withhold Contract payments as necessary to protect the Agency, until the Contractor provides the required information to the Engineer.
00180.42Preconstruction Conference - Unless otherwise approved in writing by the Engineer,
before any Work is performed and within 30 Calendar Days of the Notice to Proceed, the Contractor shall meet with the Engineer for a preconstruction conference at a time mutually agreed upon.
00180.43Commencement and Performance of Work - From the time of commencement of the
Work to the time of Final Acceptance the Contractors hall:
• Provide adequate Materials, Equipment, labor, and supervision to perform and complete the Work within the Contract Time or the adjusted Contract Time ; • Perform the Work as vigorously and as continuously as conditions permit, and according to a Projec t Work schedule that ensures completion within the Contract Time or the adjusted Contract Time; • Not voluntarily suspend or slow down operations without prior written approval from the Engineer , and if approved submit an updated Project Work schedule according to 00180.41 that ensures completion within the Contract Time or the adjusted Contract Time; and • Not resume suspended Work without the Engineer's written authorization.
00180.50Contract Time to Complete Work:
Documents, and will be known as the "Contract Time". (See 00110.20. )
ways:
completed; or
in which the Work or Pay Item shall be completed.
of Contract Calendar Days will begin on the Day the Contractor begins On-Site Work as defined in
00110.20
one-half Day.
On Contracts with Calendar Day counts, the Engineer will furnish the Contractor a weekly statement of Contract Time charges. The statement will show the number of Calendar Days counted for the preceding week and the number of Calendar Days remaining prior to the established completion date for the specified Work in 00180.50(h) .
For Contracts with fixed completion dates for Pay Items, the Engineer will furnish the Contractor a weekly statement of Contract Time charges only after expiration of the Contract Time. The statement will show the number of Calendar Days of liquidated damages that have been assessed, if any.
00180.60 115 These statements will include any exclusions from, or adjustments to, Contract Time.
Contract, certain Calendar Days will not be charged against Contract Time. These exclusions will be allowed when the Contractor is prevented from performing Work due to one of the following reasons, resulting in delay :
• Acts of God or Nature; • Court orders enjoining prosecution of the Work; • Strikes, labor disputes or freight embargoes that, despite the Contractor's reasonable efforts to avoid them, cause a shutdown of the entire Project or one or more major operations. "Strike" and "labor dispute" may include union action against the Contract or, a Subcontractor, a materials Supplier, or the Agency; or • Suspension of the Work by written order of the Engineer for reasons other than the Contractor's failure or neglect.
of Contract Time charges, it shall immediately contact the Engineer and attempt to resolve the dispute. If the dispute cannot be resolved informally, the Contractor shall submit a formal written protest to the Engineer within 7 Calendar Days of the date the Engineer mailed or delivered the statement. Failure to submit a formal written protest within the 7 Calendar Day period constitutes the Contractor's approval of the time charges, or adjusted time charges, itemized in the statement.
completed, except for the items listed below, the Engineer will issue a Second Notification.
The Second Notification will list:
• The date the time charges stopped; • Final trimming and cleanup tasks (see 00140.90); • Equipment to be removed from the Project Site; • Minor corrective work not involving additional payment to be completed; and • Submittals, in cluding, without limitation , all required certifications, bills, forms, warranties, certificate of insurance coverage (00170.70(b)), and other documents, required to be provided to the Engineer before Third Notification will issu e.
The Contractor shall complete all tasks listed in the Second Notification in an expeditious manner within the time frame proposed by the Contractor and accepted by the Engineer. Unless otherwise agreed by the Agency, failure of the Contractor to compl ete all tasks listed in the Second Notification within the time frame accepted, will result in the Agency rescinding the Second Notification. Counting of time charges will resume upon expiration of the accepted time frame.
00180.60Notice of Delay - The Contractor shall notify the Engineer of any delay that will likely
prevent completion of the Work or a Pay Item by the date specified in the Project Work schedule. The notice shall be in writing and shall be submitted within 7 Calendar Days of when the Contractor knew or should have known of the delay. The notice shall include, to the extent available, the following:
• The reasons or causes for the delay; • The estimated duration of the delay and the estimated resulting cumulative delay in Contract completion; • Except for 00180.50(e) and 00180.65 delays, whether or not the Contractor expects to request an adjustment of Contract Time due to the delay; 00180.65 116 • Whether or not the Contractor expects to accelerate due to the delay; and • Whether or not the Contractor expects to request additional compensation due to the delay. Except for 00180.50(e) and 00180.65 delays, failure to include this information will constitute waiver of the Contractor's right to later make such a request.
00180.65Right -of-Way and Access Delays - Right -of-Way and access delays will be taken into
consideration in adjusting Contract Time, and in approving additional compensation if the performance of the Work is delayed because of the Agency's failure to make available to the Contractor:
• Necessary R ights -of-Way; • Agency -owned or Agency -controlled Materials sources that are offered in the Contract for the Contractor's use; or • Access to, or rights of occupancy of, buildings and other properties the Contractor is required to enter or to disturb according to Contract requirements.
If the ending date of an anticipated delay is stated in the Special Provisions, only the delay occurring after that date will be considered for adjusting Contract Time or providing addit ional compensation.
00180.70Suspension of Work :
following causes:
• Failure of the Contractor to correct unsafe conditions; • Failure of the Contractor to carry out any provision of the Contract; • Failure of the Contractor to carry out orders issued by the Engineer, the Agency, or any regulatory authority; • Existence of conditions unsuitable to proper or safe performance of the Work; or • Any reason considered by the Agency to be in the public interest.
When Work has been suspended for any reason, the Contractor shall not resume Work without the Engineer's written authorization.
of the Work, the Contractor shall continue to be responsible for protecting and repairing the Work according to 00170.80, and for ensuring that a single designated representative responsible for the Project remains available according to 00150.40.
When Work is resumed after suspension, unless otherwise specified in the Contract, the Contractor shall perform the following at no additional compensation:
• Replace or repair any Work, Materials, and Equipment to be incorporated into the Work that was lost or damaged because of the temporary us e of the Project Site by the public; and • Remove Materials, Equipment, and temporary construction necessitated by temporary maintenance during the suspension, as directed by the Engineer.
additional Contract Time due to suspension of any portion of the Work will be authorized only for Agency -initiated suspensions for reasons other than the Contractor's failure or neglect. (See 00180.50(e), 00180.65, and 00195.40. )
00180.80 117 00180.80 Adjustment of Contract Time :
increase or d ecrease, for causes beyond the control of the Contractor, according to the terms of this Subsection. After adjustment, the Contract Time will become, and be designated as, the "Adjusted Contract Time". Except as provided in 00180.65 and 00195.40, an adju stment of Contract Time shall be the Contractor's only remedy for any delay arising from causes beyond the control of the Contractor.
Time or the Adjusted Contract Time if Change Orders or Extra Work orders issued actually increase or decrease the amount of time required to perform the Work. The Engineer may also increase Contract Time in the event of Right -of-Way and Access delays (see 00180.65), and those delays due to causes beyond the Contractor's control specified in 00180.50(e). The Engineer will promptly inform the Contractor of adjustments made to Contract Time according to this Subsection, and will include the reasons for adjustment.
If the Agency anticipates delay during performance of the Contract, and specifies its expected duration in the Special Provisions, the Engineer will only consider additional delay beyond the stipulated duration in determining whether to adjus t Contract Time.
Time is due, the Contractor shall submit to the Engineer a timely request for adjustment of Contract Time. The Engineer will not consider u ntimely requests. The Agency regards as timely only those requests for adjustment of Contract Time that:
• Accompany a proposed revised Project Work schedule submitted according to 00180.41, for comparison with the last revision of the Project Work schedule; or • Are not otherwise deemed waived and are submitted within 45 Days after the date of Second Notification , if Second Notification has been issued.
The Engineer will not grant an adjustment of Contract Time for events that occurred prior to the date of the last revision of the Project Work schedule. The Engineer will not authorize, nor the Agency pay, acceleration costs incurred by the Contractor prior to its submittal of a request for adjustment of Contract Time to which the acceleration costs relate.
The Contractor's request for adjustment of Contract Time shall be submitted to the Engineer on a form provided by, or in a format acceptable to, the Engineer, and shall include a copy of the written notice required under 00180.60. The request shall include w ithout limitation:
• Consent of the Contractor's Surety if the request totals more than 30 Calendar Days of additional Contract Time; • Sufficient detail for the Engineer to evaluate the asserted justification for the amount of additional Contract Time reques ted; • The cause of each delay for which additional Contract Time is requested, together with supporting analysis and data; • Reference to the Contract provision allowing Contract Time adjustment for each cause of delay; • The actual or expected duration of dela y resulting from each cause of delay, expressed in Calendar Days ; and • A schedule analysis based on the current approved Project Work schedule for each cause of delay, indicating which activities are involved and their impact on Contract completion.
00180.85 118 (d) Basis for Adjustment of Contract Time - In the adjustment of Contract Time, the Engineer will consider causes that include, but are not limited to:
• Failure of the Agency to submit the Contract and bond forms to the Contractor for executi on within the time stated in 00130.50, or to submit the Notice to Proceed within the time stated in 00130.90; • Errors, changes, or omissions in the Supplemental Drawings, quantities, or Specifications; • Performance of Extra Work; • Failure of the Agency or Ent ities acting for the Agency to act promptly in carrying out Contract duties and obligations; • Acts or omissions of the Agency or Entities acting for the Agency that result in unreasonable delay referenced in 00195.40; • Causes cited in 00180.50(e); and • Right -of-way and access delays referenced in 00180.65.
The Engineer will not consider requests for adjustment of Contract Time based on any of the following:
• Contentions that insufficient Contract Time was originally specified in the Contract; • Delays that do not affect the specified or Adjusted Contract Time; • Delays that affect the Contractor's planned early completion, but that do not affect the specified or adjusted Contract Time; • Shortage or inadequacy of Materials, Equipment or labor; • Late delivery of Materials and Equipment to be incorporated into the Work, except under those conditions referenced in 00180.50(e); • Different area of Material source in 00160.40(a); • Substitution of Equipment in 00180.31(c); • Reasonably predictable weather conditions; or • Other matters within the Contractor's control or Contract responsibility.
request for Contract Time adjustment submitted according to the requirements of 00180.80(c). The Engineer may elect not to consider claimed delays that do not affect the specified or adjusted Contract Time required to complete the Work.
The Engineer may adjust Contract Time for causes not specifically identified by the Contractor in its request. The Engineer will review a properly submitted request for Contract Time adjustment, and within a reasonable time will advise the Contractor of the Engineer's findings. If the Contractor disagrees with the Engineer's findings, the Contractor may request review according to the procedure specified in 00199.40.
00180.85Failure to Complete on Time; Liquidated Damages :
Contract. It is essential and in the public interest that the Contr actor prosecute the Work vigorously to Contract completion and within Contract Time or adjusted Contract Time.
00180.85 119 The Agency does not waive any rights under the Contract by permitting the Contractor to continue to perform the Contract, or any part of it, after the Contract Time or adjusted Contract Time has expired.
Agency to sustain damages; increase risk to, inconvenience, and interfere wi th the traveling public and commerce; and increase costs to taxpayers. Because the Agency finds it is unduly burdensome and difficult to demonstrate the exact dollar value of such damages, the Contractor agrees to pay to the Agency, not as a penalty but as liquidated damages, the amount(s) determined as specified below for each Calendar Day the Work remains incomplete after the expiration of the Contract Time or adjusted Contract Time applicable to that Work.
Payment by the Contractor of liquidated damages does not release the Contractor from its obligation to fully and timely perform the Contra ct according to its terms. Nor does acceptance of liquidated damages by the Agency constitute a waiver of the Agency's right to collect any additional damages it may sustain by reason of the Contractor's failure to fully perform the Contract according to its terms.
If the Contract is terminated according to 00180.90(a), and if the Work has not been c ompleted by other means on or before the expiration of Contract Time or adjusted Contract Time, liquidated damages will be assessed against the Contractor for the duration of time reasonably required to complete the Work.
the Work on time as required by 00180.50(h) when a single Contract Time is listed under 00180.50(h) will be established using the following formula:
The Liquidated Damages per Calendar Day* are 21.2 percent of C divided by T as defined in thisSe ction.
C = The Contractor’s Bid amount for the Contract. T = The total Calendar Days between the latest completion date or time listed under 00180.50(h) in the Solicitation Documents and the Bid Opening that will result in the greatest value for T. * Cal endar Day amounts are applicable when the Contract T ime is expressed on the Calendar Day or fixed date basis.
complete the Work on time as required by 00180.50(h) when multiple Contract Times are listed under 00180.50(h) will be established for each individual Contract Time as follows: The Agency -determined percentage of the value of all Work required to be complete by a given Contract Time multiplied by the rate determ ined using the formula specified in 00180.85(b)(1).
When multiple Contract Times are listed under 00180.50(h), the Agency -determined percentages of the value of Work required to be complete by the Contract Times listed under
(h) will be listed in the Special Provisions
If liquidated damages should become payable concurrently under any combination of liquidated damage rates, the rate that will be assessed will be the highest applicable rate.
* Calendar Day amounts are applicable when the Contract Time is expressed on the Calendar Day or fixed date basis.
00180.90 120 00180.90 Termination of Contract and Substituted Performance:
• Fails to comply with the requirements for records; • Violates any material provision of the Contract; • Disregards applicable laws and regulations or the Engineer's instructions; • Refuses or fails to supply enough Materials, Equipment or skilled workers for prosecution of the Work in compliance with the Contract; • Fails to make prompt payment to Subcontractors; • Makes an unauthorized general assignment for the benefit of the Contractor's credit ors; • Has a receiver appointed because of the Contractor's insolvency; • Is adjudged bankrupt and the court consents to the Contract termination; or • Otherwise fails or refuses to faithfully perform the Contract according to its terms and conditions. Has liqui dated and delinquent debt owed to the State or any department or agency of the State. If the Contract is terminated by the Agency, upon demand the Contractor and the Contractor's Surety shall provide the Engineer with immediate and peaceful possession of the Project Site, and of all Materials and Equipment to be incorporated into the Work, whether located on and off the Project Site, for which the Contractor received progress payments under 00195.50.
If the Contract is terminated for default, neither the Contractor nor its Surety shall be:
• Relieved of liability for damages or losses suffered by the Agency because of the Contractor's breach of Contract; or • Entitled to receive any further progress payments until the Work is completed. However, progress payments for completed Work that remain due and owing at the time of Contract termination may be made according to the terms of 00195.50, except that the Engineer will be entitled to withhold sufficient funds to cover costs incurred by the Agency as a result of the termination. Final payment to the Contractor will be made according to the provisions of
If a termination under this provision is determined by a court of competent jurisdiction to be unjustified, the termination shall be deemed a t ermination for public convenience.
recommendation that sufficient cause exists, the Agency, without prejudice to any of its other rights or remedies and after giving the Contractor and the Contractor's Surety at least 10 Calendar Days' written notice, may:
• Terminate the Contract; • Substitute the Contractor with another Entity to complete the Contract; • Take possession of the Project Site; • Take possession of Materials on the Project Site; • Take possession of Materials not on the Project Site, for which the Contractor received progress payments under 00195.50; • Take possession of Equipment on the Project Site that is to be incorporated into the Work; 00180.90 121 • Take possession of Equipment not on the Project Site that is to be incorporated into the Work, and for which the Contractor received progress payments under 00195.50; and • Finish the Work by whatever method the Agency deems expedient.
If, within the 10 Calendar Day notice period provided above, the Contractor and/or its Surety corrects the basis for declaration of default to the satisfaction of the Engineer, or if the Contractor's Surety submits a proposal for correction that is acceptable to the Engineer, the C ontract will not be terminated.
convenience in whole or in part whenever the Engineer determines that termination of the Contract is in the best interest of the public. The Engineer will provide the Contractor and the Contractor's Surety 7 Calendar Days' written notice of termination for public convenience. After such notice, the Contractor and the Contractor's Surety shall provide the Engineer with immediate and peaceful possession of the Project Site, and of Materials and Equipment to be incorporated into the Work, whether located on and off the Project Site, for which the Contractor received progress payments under 00195.50. Compensation for Work terminated by the Engineer under this provision will be determined according to the provisions of 00195.70(b).