108PERFORMANCE AND PROGRESS

108.01SUBLETTING OR ASSIGNMENT OF CONTRACTS—

any portion or rights, title, or interest, without the written consent of the Representative. If consent is given, subletting a portion of the contract will be allowed; however, do not sublet a portion exceeding 50% of the original total contract price except as provided herein. Use only prequalified subcontractors, classified for the type of work undertaken and not exceeding their assigned maximum capacity rating. For prequalification capacity evaluation, the amount of subcontracted work will be charged solely to the subcontractor when the subcontractor and items of work to be undertaken are named in the bid and to both the prime contractor and the subcontractor when the subcontractor is named after the award of the contract. Do not replace or cancel a subcontractor named in the bid without the approval of the Representative, which approval will not be unreasonably withheld. Subcontracts or transfer of contract will not release Contractor liability under the contracts and bonds.

The cost of any specialty items performed by subcontract may be deducted from the original total contract price before computing the amount of work allowed to be performed by subcontract.

DBE are included in the proposal, the cost indicated on the approved Minority Participation and Commitment in ECMS for DBE's utilization may be deducted from the original total contract price before computing the amount of work allowed to be performed by subcontract, provided the request to Perform Less Than 50% of Work Items has been submitted with the Minority Participation and Commitment submission. In cases where specialty items and DBE involvement overlap, any cost deducted is restricted to a single assignment of either specialty item or DBE goal amount, but not both. The maximum amount of the DBE cost that may be deducted is equal to 40% times the difference between the original total contract price and the specialty items' cost.

for DB are included in the proposal, the cost of the Agreement Amount indicated on the approved Minority Participation and Commitment in ECMS for DB’s utilization may be deducted from the original total contract price before computing the amount of work allowed to be performed by subcontract, provided the request to Perform Less Than 50% of Work Items has been submitted with the Minority Participation Commitment submission. In cases where specialty items and DB involvement overlap, any cost deducted is restricted to a single assignment of either specialty item or DB agreement amount, but not both. The maximum amount of the DB cost that may be deducted is equal to 40% times the difference between the original total contract price and the specialty items' cost.

services) to be performed until a copy of the relevant portions of the executed subcontract (agreement or any other assignment of the contract) has been reviewed and accepted in PPCC. However, the entire subcontract must be available on the project to Department representatives for purposes of monitoring contract compliance. For the purpose of this section, the relevant portions of the subcontracts which must be provided include the following portions:

• Cover page which shows the date of the subcontract.

• Designated Special Provisions that show the requirements of the prime contract are physically incorporated or included by reference.

• Proof that Form FHWA -1273/DSP8 (FAR-Required Contract Provisions Federal -Aid Construction Contracts), is physically attached to the subcontract agreement.

• For DBE/DB companies, follow DSP4 and DSP7 requirements. Attach the required portions with Public

Work Verification Form or Worker Protection Certification Form.

The requirement to attach Form FHWA-1273 will not apply to material supply, engineering, or architectural services contracts. In addition to submitting the required portions of each subcontract, a subcontractor approval request must also be entered in ECMS for subcontractors, services, and DBE suppliers and approved by the Department before performing work. For minority payment tracking and crediting, all firms listed on the approved Minority Participation and Commitment, including services and DBE suppliers, must be submitted in ECMS after the contract is executed for subcontractor approval by the Department. The amount of the subcontractor request must be equal to or greater than the commitment amount.

108.02NOTICE TO PROCEED—As soon as practical after approval of the contracts, bonds, and insurance

certificates by the Chief Counsel, the General Counsel, or the Attorney General, or their respective designees, and subject to the provisions as specified in Section 103.07, a written Notice to Proceed will be sent, specifying the calendar date on which to begin the work.

to Proceed and complete all physical work, including any authorized additional or extra work, on or before the Required Completion Date.

to Proceed or within 30 days after the award of the contract , whichever is later. Extension(s) of the 30-day period will be made only by mutual written consent of the parties to the contract provided such written consent is given before the expiration of the 30-day period.

108.03PERFORMANCE AND PROGRESS—

conference will be held in the District office. The purpose of this conference will be to discuss the scope of the project work, to discuss all essential matters pertaining to the satisfactory project completion, and to resolve any questions regarding contract interpretation and/or contract time. Submit the following to the Representative at the Preconstruction Conference:

• List containing names of the project superintendent, project engineer, foremen, surveyor, and construction scheduling coordinator.

• Names, titles, and contact information of the selected individuals required to complete Form CS -8 (Issue Escalation Matrix).

• Forms CS-200 (Source of Supply. Materials) and Form CS-201(Source of Supply. Traffic Control Devices).

• Work Plan (60 Calendar Day for Critical Path Method (CPM) and 60 Calendar Day for Resource Loaded CPM contracts).

Failure to submit the above documentation may result in the actual Notice to Proceed Date being after the anticipated Notice to Proceed Date in the proposal but will not qualify for an extension of contract time. If a preconstruction conference is not held before the anticipated Notice to Proceed Date in the proposal, an extension of contract time may be granted, provided the requirements as specified in Section 108.06(a) have been met (i.e., the extension is supported by the Construction Schedule, and it can be demonstrated that progress on one or more controlling operations has been adversely affected by the Department’s failure to comply with the requirements of this section).

all contract time requirements, shows work being completed on or before the Required Completion Date, meets specified Milestone Date(s), and is in compliance with all contractual requirements. For Design/Build

or Partial Design/Build Projects, include design activities associated with the Design/Build elements as well as the review and approval durations as specified in the contract provisions. The Representative may require that the Contractor attend a scheduling conference for the purpose of reviewing this specification and the applicable portions of Section 689 that pertain to the scheduling format indicated for the project (i.e., Narrative, CPM, or Resource Loaded CPM). This scheduling conference may be held in conjunction with the Preconstruction Conference. Be prepared to discuss the concepts and logic to be used in sequencing work activities for development of the construction Schedule. Acceptance of the Contractor’s Schedule or any revision(s) thereto, by the Department, will not constitute the Department’s approval of or agreement with the sequence of operations, the durations of activities, the adequacy or propriety of resources, the i dentity of controlling operations, nor the feasibility or any other characteristics of the Schedule or its revisions. Show the sequence and interdependence of activities for completion of all work. Consider and make appropriate scheduling and operational allowances, including but not limited to, seasonal weather conditions and ambient temperatures, permitting requirements, plant establishment periods, traffic signal testing periods, Intelligent Transportation System equipment-related testing periods, pavement marking retro-reflectivity testing, Maintenance and Protection of Traffic restriction periods, and asphalt pavement restriction periods. Incorporate in the Schedule coordination with all entities (subcontractors, utilities, railroads, etc.) and adjacent or private contracts that could impact the Schedule. Utility coordination as specified in the contract documents must be interdependently specified within the Construction Schedule. All Utility entities will be incorporated into the Construction Schedule to define the interdependencies with all Construction Activities. In addition to construction activi ties, include in the Schedule, shop drawing submissions, shop drawing approvals, procurement, fabrication, and delivery of critical or special materials and equipment, and indicate relationships between activities. Schedule updates are required at minimum on a monthly basis.

as specified in Section 105.05(a), serve as the Construction Scheduling Coordinator or be responsible for and oversee all activities of the Construction Scheduling Coordinator.

During project control meetings, the Representative and the Contractor’s superintendent will conduct a site visit and jointly review project progress. Submit, 2 working days before each project control meeting, a written report, in an acceptable format, that includes the following:

• Progress of project design and construction activities.

• Impacts on the current Schedule.

• Planned progress for the next 2 weeks.

• Other Schedule-related information, as required.

Make submissions at least 21 calendar days before information is needed for purchasing, fabricating material, or obtaining equipment, unless otherwise indicated or directed. The 21-calendar day review period will begin on the date the Representative receives the submission. Any delays caused by incomplete submissions, including drawings and designs, will be the responsibility of the Contractor.

extension is approved or a time reduction processed, the Department will use the changed Required Completion Date and/or Milestone Date(s) for the purpose of monitoring progress, assigning resources, authorizing additional and/or extra work, processing contract adjustments associated with incentive/disincentive clauses, and assessing liquidated damages. Contractor imposed dates in the Schedule; other than the Required Completion Date, specified Milestone Date(s), and/or any contractually specified sequences; will not be binding on the Department.

activity being delayed 14 days or more beyond the Required Completion Date or any specified Milestone

Date(s), as adjusted, the Representative may require the Contractor to submit a written description of the plan to recover all lost time and maintain the Required Completion Date or specified Milestone Date(s) including affected activities (with explanations for delays or duration variance from the original accepted baseline). If required, submit the written recovery plan within 7 calendar days of notification by the Representative. If the order of project operations is changed to the extent that the Contractor is no longer following the accepted Schedule, the Representative may require that a recovery schedule be submitted. The revision to the schedule must include the Asta Powerproject (.pp) recovery schedule, a narrative recovery plan including what has changed and an explanation as to why it has changed, and a Portable Document Format

not received within 14 calendar days from the date of the request by the Representative, the District Executive may withhold current estimate payments until the required information has been submitted and accepted.

unless otherwise specified. If any Update is not received within 7 calendar days from the agreed upon date, the District Executive may withhold current estimate payments until all requested schedule updates are received and accepted.

with the Department to obtain access for necessary parties to PPCC. The Department’s standard file format is PDF. The Department may require documentation to be submitted in other compatible electronic file formats.

108.04LIMITATION OF OPERATIONS—

interference to traffic.

indicated; as specified; or when directed, in writing, as specified in Section 107.15. The Contractor will be relieved of responsibility for further physical work and maintenance only for work items within the section of the project which are satisfactorily completed at the time of, or subsequent to, opening of the section to traffic. The Contractor's responsibility for further physical work and maintenance remains for work items within the section of the project which are not satisfactorily completed at the time of, or subsequent to, opening of the section to traffic. Release of Contractor responsibility is further contingent on the following:

• a final inspection of the section has been made as specified in Section 110.08(a),

• the Contractor's obligation under the contract to replace defective work or material is not relieved ,

• the Contractor's responsibility for repairing any damage to satisfactorily completed work items within the section, which occurs because of construction operations, is not relieved, and

• any work done by the Department, on a designated section of the project that may have been satisfactorily completed, as provided, does not waive the rights of either party to the entire contract.

not cross these areas with construction equipment or make any other use of these areas, except at allowed locations.

108.05CHARACTER OF WORKERS; METHODS AND EQUIPMENT—

Section 108.03.

timekeepers, equipment operators, laborers, mechanics, or artisans for every kind of work. Whenever, in the Representative's opinion, any person is unfit to perform the task, does th e work contrary to instructions, or exhibits improper conduct, discharge the person immediately and do not employ the person again on the project without written permission of the Representative. Failure to remove such person, as ordered, or failure to furnish suitable and sufficient personnel for the proper completion of the work, after being ordered to correct the deficiency, may result in suspension of the work, by written notice from the District Executive, until such orders are followed. If the superintendent or representative on the project fails to cooperate with the Department's authorized representatives in any way, the District Executive will give a written order for dismissal and replacement of that superintendent or representative.

necessary for the proper execution of the work within the specified contract time. Maintain the equipment in good condition, subject to acceptance, before and during use i n connection with the project. If special equipment, not normally used in highway construction, is required to be used, submit the necessary technical data as specified in Section 108.05(c)2.

the use of certain methods and equipment, use such methods or equipment, unless others are authorized. To use a method or type of equipment other than those specified, request authority to do so. Provide the request in writing and include a full description of the methods and equipment proposed to be used, with an explanation of the reasons for desiring to make the change. If acceptance is given, it will be on condition that construction work is performed in conformity with contract requirements. If, after trial use of the substituted methods of equipment, it is determined that the work produced does not conform to the contract requirements, discontinue the use of the substitute method or equipment. Complete the remaining construction with the specified methods and equipment. Remove the deficient work and replace it with work of specified quality, or take such other corrective action, as directed. No change will be made in the basis of payment for the construction items involved, nor in contract time, as a result of authorizing a change in methods or equipment under these provisions.

submit the necessary technical data concerning the item to the LTS. If the item warrants further investigation, the LTS may grant permission to the vendor to contact a contractor for the experimental use of the equipment on an appropriate project under construction. The experimental operation will be observed by representatives of the LTS and the District Executive's office, to obtain data necessary to substantiate a final recommendation to the Department.

complying with the following:

3.a Three-wheel power rollers, with an unballasted load of not less than 300 pounds per linear inch of tread of rear wheels, having a manufacturer's certified metal weight of not less than 10 tons.

3.b Tandem power-driven rollers, with a ballasted load of not less than 330 pounds per linear inch of tread of drive roll, having a manufacturer's certified metal weight of not less than 10 tons.

3.c Tandem power-driven rollers, with a load of not less than 120 pounds per linear inch of tread of drive roll, having a manufacturer's certified metal weight of either not less than 5 tons or more than 8 tons or either not less than 8 tons or more than 10 tons.

3.d Self-propelled trench-type rollers, with a minimum trench roller factor (RF

equation:

RFt = (Fc*(f*A)2)/(Wd*650)

where:

RFt = Trench roller factor (dim)

Fc = Maximum centrifugal force (lb)

f = Minimum vibration frequency (Hz)

A = Maximum vibration amplitude (in)

W d = Drum width (in)

Trench-type rollers may be hand operated or remotely controlled. Use trench rollers capable of being operated in both static and vibratory modes. Roller drums must have alternating rows of raised pads across the entire drum width and be equippe d with scraper bars at each drum to assist in removal of soil from between the pads. Smooth steel drums are prohibited. Supply manufacturer’s technical data, measured data, and the serial number for the specific trench roller being used to the Representative before beginning compaction operations. Verify that the roller meets the minimum requirements. Equipment that does not meet the minimum requirements will be rejected. Operate equipment in accordance with manufacturer’s recommendations and at a frequency and amplitude to provide the minimum required RFt.

3.e Pneumatic-tire rollers, used to compact base courses, may be either single or multiple- axle type and may be equipped with pneumatic tires of equal size and diameter on any one axle. Uniformly inflate tires so that air pressure does not vary more than 5 pounds per square inch. Use rollers of sufficient weight and dimensions that, when loaded, will cause the pneumatic tire wheels to exert a ground pressure of not less than 300 pounds per inch of width of tread, as measured on a hard surface.

3.f Pneumatic-tire rollers, used to compact hot asphalt mixtures of a self-propelled type. Use rollers having not less than seven wheels mounting smooth tread pneumatic tires, not less than 7 1/2 inch by 15 inch size, each tire capable of exerting an average contact pressure through a range from 60 pounds per square inch to 95 pounds per square inch. Use rollers with wheels equally spaced along both axles and so arranged that those on one axle track midway betwee n those of the other, with the wheels on one or both axles arranged to oscillate in pairs or to be individually sprung. Use rollers equipped with power steering and fluid drive or a torque converter, capable of turning or reversing on the hot material without surface scuffing or displacement and provided with means of wetting and cleaning the tires during operation, to prevent adhesion of hot asphalt mixture to the tires. Make provision for checking tire pressures during operation. Keep the tires uniformly inflated at the designated pressure and with the difference in pressure between any two tires not to exceed 5 pounds per square inch. In operation, adjust the tire pressure and wheel load, as required, to provide an average contact pressure of from 60 pounds per square inch to 95 pounds per square inch over the surface, to conform to the requirements of both the particular application and the material being compacted. Equip the roller with means of adjusting the wheel load by ballasting and provide tires with a ply-rating that supports the maximum operating wheel load, at the specified maximum contact pressure. Furnish copies of the roller manufacturer's charts or tabulations, showing the contact areas and average contact pressures for the full range of both tire inflation pressures and tire loadings for each type and size of compactor tire furnished. Also, furnish copies of the calibration table or chart for the ballast box, showing both the volume of the box in cubic feet, for at least each 3-inch increment of depth, and the empty or tare weight of the roller.

3.g Padfoot rollers with a minimum pad contact pressure of 160 pounds per square inch, a flat pad contact surface with a minimum pad contact area of 15 square inches, and a minimum pad projection of 3.0 inches from the surface of the drum. Calculate pad contac t pressure by dividing the static roller weight by the product of the maximum number of pads sighting across the roller drum and the pad contact area.

Use padfoot rollers capable of being operated in both static and vibratory modes. Roller drums must have alternating rows of raised pads across the entire drum width and be equipped with a scraper bar(s) to assist in removal of soil from between the pads. Supply manufacturer’s technical data, measured data, and the serial number for the specific padfoot roller being used to the Representative before beginning compaction operations. Verify that the roller meets the minimum requirements. Padfoot rollers that do not meet the minimum requirements will be rejected.

3.h Smooth drum tandem vibratory rollers of a self -propelled type, with the necessary frequency and amplitude to achieve required density without objectionable undulations, material pickup, or other surface defects. Use a vibrator drive that automatically stops when the roller changes direction or stops.

3.i Smooth single-drum vibratory rollers of a self -propelled type, with a minimum drum width (W d) of 48 inches and a minimum vibratory roller factor (RFy) of 2.0 using the following equation:

RFv = (Fc*(f*A)2)/(Wd*1,000)

where:

RF v = Vibratory roller factor (dim)

Fc = Maximum centrifugal force (lb)

f = Minimum vibration frequency (Hz)

A = Maximum vibration amplitude (in)

W d = Drum width (in)

The vibratory rollers must be capable of achieving the required density without objectionable undulations, material pickup, or other surface defects. Use a vibrator drive that automatically stops when the roller changes direction or stops.

and/or compaction equipment designed for, and capable of accomplishing, compaction. Specific minimum requirements for various types of lightweight and/or hand-operated compaction equipment are provided below. Supply manufacturer’s technical data, measured data, and the serial number for the specific compactor being used to the Representative before beginning compaction operations. Verify that the compaction equipment meets the minimum requirements. Equipment that does not meet the minimum requirements will be rejected.

4.a Hand operated impact rammer (jumping jack) with a minimum required impact rammer factor (RF

RFi = (wo*(f*A)2)/(Wp*Lp*400)

where:

RF i = Impact rammer factor (dim)

wo = Operating weight (lb)

f = Percussion rate or frequency (Hz)

A = Rammer stroke or amplitude (in)

Wp = Rammer plate width (in)

Lp = Rammer plate length (in)

The rammer plate length and width must be reported as the actual dimensions of the plate. Verify that the plate dimensions reported on the manufacturer’s technical data sheet are correct for the actual impact rammer being used. Use rammer plates constructed of steel. Plastic, rubber, or wood rammer plates are prohibited. Operate equipment in accordance with manufacturer’s recommendations and at a percussion rate and stroke to provide the minimum required RFi.

4.b Hand operated vibratory plate compactor with a minimum required plate factor (PF

the following equation:

PFv = (Fc*(f*A)2)/(Ap*100)

where:

PF v = Vibratory plate factor (dim)

Fc = Maximum centrifugal force (lb)

f = Minimum vibration frequency (Hz)

A = Maximum vibration amplitude (in)

A p = Effective plate area (in2)

The effective plate area must be reported as the actual area of the bottom surface of the plate in contact with the ground when placed on a firm surface. Verify the effective plate area in the presence of the Representative. Use vibratory plates constructed of steel. Plastic, rubber, or wood plates are prohibited. Operate equipment in accordance with manufacturer’s recommendations and at a frequency and amplitude to provide the minimum required RFv.

intermediate and separate motorized, self-propelled unit between the haul vehicle and the asphalt paver as follows:

• Provide adequate covers of sufficient size to protect the material in the MTV, under all conditions.

• Capable of transferring the material from the haul vehicle to the paver hopper at a uniform and continuous rate to allow the continuous movement of the paver.

• Equipped with remixing augers for remixing the asphalt material before transferring to the paver hopper.

• Free of petroleum oils, solvents, or other material, which adversely affect asphalt concrete.

In addition, equip the asphalt paver with a manufactured hopper insert to provide a mass flow of material directly to the slat conveyors of the paver. Deliver mixture through the MTV at the correct laying temperature as specified in Section 413.2(e) Table A, and free from lumps of chilled material.

the size and type of crane to be used. Before performing work with a crane, submit a copy of the operator’s license to the Representative. In addition, one on- site meeting must be held with the crane operator(s) to discuss safety and crane type(s), size(s), location(s) and movements. For projects that require an erection plan or pre-erection meeting or both, ensure that the crane operators are in attendance at the meeting and invite the Structure Control Engineer to the meeting. If the crane operator cannot attend the meeting, a representative from the crane company must be in attendance. Remediate possible mat shifts and correct possible conflicts observed with the operation.

Representative to state the purpose, location, and time of flights. The Remote Pilot in Command (PIC) must be Federal Aviation Administration (FAA), Part 107, certified and comply with all FAA regulations , and conform to Publication 832 for all flights . All UAS devices must be registered with the FAA, be free from damage, and in good operating condition. I f an incident or accident occurs involving injury or property damage, the PIC must immediately report the incident to the Representative and provide a written report of the event within 10 days. For flights requested by the Department , submit a copy of the PIC Part 107 l icense, PennDOT certification, insurance, and provide a list of the FAA UAS device registration numbers for pre-approval by the District UAS Coordinator. All mission planning and risk assessment documentation must be maintained on site and be available to the FAA, Representative, or public officials upon request. Flight plans used for producing terrain surfaces or calculating quantities for pay items must be reviewed and approved by a Professional Land Surveyor registered in the Commonwealth of Pennsylvania. After Professional Land Surveyor approval, submit flight plan to the District UAS Coordinator or Representative for review and acceptance. Video and data obtained on Department funded missions remain the property of the Department and cannot be shared or used without written approval by the District UAS Coordinator or Representative.

108.06TIME EXTENSIONS AND REDUCTIONS—

Date(s) may be granted by the Department as a result of any of the events or occurrences identified herein. If an event or occurrence qualifies for an extension of contract time, and the extension is supported by the Construction Schedule after the impact of the event or occurrence is incorporated, submit an official time extension request to the Representative early enough so that it can be evaluated and decided upon by the Department in time to avoid any constructive acceleration of the work, but no later than 30 calendar days after the “termination” of the event or occurrence, as specified herein. Submit time extension requests electronically, using ECMS. Include a combined PDF of the Supporting Schedules with each request, at no additional cost to the Department. The Supporting Schedules are to include: a pre-impact schedule, which is the accepted schedule in place before the impact, and a post-impact schedule, which shows the impact of the specific event or occurrence on the Required Completion Date and/or specified Milestone Date(s) on the accepted schedule in place at the time of the event or occurrence. Along with submitting the combined PDF of the Supporting Schedules in ECMS, the electronic Asta Powerproject (.pp) files are to be submitted to the Representative outside of ECMS (via PPCC). The Representative will respond to all time extension requests within 14 calenda r days of receipt. Time extension requests that are not submitted within the specified time and/or do not include all of the required supporting information, including Supporting Schedules, will not be approved. If, after reviewing the Contractor’s initial time extension request, the Representative determines that the supporting information provided is incomplete or inadequate, notification of the deficiency will be sent to the Contractor. Complete or revise the time extension request, as indicated, and resubmit within 10 calendar days of receipt of the Representative’s notification. Revised time extension requests that are not resubmitted within the specified time will not be approved. If a time extension request is disapproved by the Department, liquidated damages may be chargeable. The following events or occurrences may qualify for an extension of the Required Completion Date and/or a specified Milestone Date(s):

• A Notice to Proceed is issued indicating that the actual Notice to Proceed Date will be after the anticipated Notice to Proceed Date in the proposal, through no fault of the Contractor. A time extension will only be granted for such an occurrence if it is requested by the Contractor within 30 calendar days after the date of Department acceptance of the initial Construction Schedule.

• Progress on one or more controlling operations is adversely affected by impacts from Utility Infrastructure and Utility Adjustments as specified in Section 105.06. Submit a time extension request within 30 calendar days after the date all utility infrastructure and utility adjustments impacting the Contractor’s operations are completed.

• Satisfactory project completion requires work in greater quantities than those indicated in the contract, and progress on one or more controlling operations is adversely affected by the item plan quantity

overruns. Submit a time extension request within 30 calendar days after the date the overrun quantity of work under the applicable item(s) is completed.

• The District Executive, in writing, authorizes the elimination of an item(s) of work or a reduction in quantity for an item(s) of work, and progress on one or more controlling operations is adversely affected by the elimination(s)/reductions(s). Submit a time extension request within 30 calendar days after the date of receipt of the District Executive’s initial, itemized, written authorization for the work item elimination(s)/quantity reduction(s).

• The District Executive, in writing, authorizes additional and/or extra work, which affects progress on one or more controlling operations. Submit a time extension request within 30 calendar days after the date the prices to be paid for all authorized additional work and/or extra work at a negotiated price are agreed upon and, when applicable, accepted by the Department, or, if authorized extra work is to be paid on a force account basis, within 30 calendar days after the date the force account work is completed.

• A strike or labor dispute that causes, despite all reasonable efforts by the Contractor to avoid it, a shutdown of the entire project or of one or more controlling operations, as specified in Section 108.10. Submit a time extension request within 30 calendar days after the date the strike or labor dispute ends.

• Progress on one or more controlling operations is adversely affected by the delayed action or failure to act of an agency other than the Department that is not the fault of the Contractor, all of which will be determined by the Representative. Submit a time extension request within 30 calendar days after the date all issues involving the agency’s delay or failure are resolved.

• Progress on one or more controlling operations is adversely affected by an act or omission of the Department that is not the fault of the Contractor, all of which will be determined by the Representative. Submit a time extension request within 30 calendar days after the date all issues involving the Department’s act or omission are resolved.

Events or occurrences that do not qualify for an extension of the Required Completion Date and/or a specified Milestone Date(s) include, but are not limited to, weather delays, the removal and replacement of defective work, and the reseeding of areas where specified growth coverage and/or germination time requirements have not been met. Weather-related events warranting an emergency declaration by the Federal Government or by the Government of the Commonwealth of Pennsylvania may qualify for an extension of contract time provided it can be clearly established that the delay to the project for which a time extension is sought is not, in fact, the responsibility of the Contractor, and that the Contractor has taken all necessary precautions to protect the project from damage, as required. Furthermore, the Secretary of Transportation, or an authorized delegate, must determine, following an emergency declaration, that the emergency conditions had a direct adverse impact on one or more active construction projects. Finally, for a given project to qualify, the accepted Schedule in place at the time of the weather-related event giving rise to the emergency declaration must show work on one or more controlling operations occurring during the period in which the weather-related event took place.

specified Milestone Date(s), supported by documentation prepared using the appropriate scheduling tool, is not approved by the Department or is approved for a number of days that is less than the number of days originally requested, and the Contractor wishes to dispute the Department’s decision, submit a written request for a re-evaluation of the time extension request, to the District Executive, within 7 calendar days after the date the Department takes action on the request within ECMS. Notification of the District Executive’s final determination regarding the time extension request will be provided within 7 calendar days of receipt of the Contractor’s written, re-evaluation request.

specified Milestone Date(s) may be processed by the Department as a result of any of the events or occurrences identified herein. On a case-by-case basis, before any reduction of contract time is processed in response to a qualifying event or occurrence, the Department, in consultation with the Contractor, will assess whether such an action is warranted (i.e. necessary for proper and equitable administration of the

contract and supported by the Construction Schedule after the impact of the event or occurrence is incorporated). If a qualified event or occurrence is found to warrant a reduction of contract time, an official time reduction will be prepared, by the Representative, within 30 calendar days after the “termination “ of the event or occurrence, as specified herein. Reductions of contract time will be processed electronically, using ECMS, and a combined PDF of the Supporting Schedules will be included as a support for the number of reduction days. The Supporting Schedules will be prepared by the Contractor, at no additional cost to the Department, and include: the accepted schedule in place at the time of the impact, and impact of the specific event or occurrence on the Required Completion Date and/or specified Milestone Date(s) using the accepted Schedule in place at the time of the event or occurrence. Notification of the Representative’s processing of a time reduction will be sent to the Contractor. Within 10 calendar days of receipt of this notification, use ECMS to provide the requested disposition information (i.e. indicate agreement or disagreement with the Department’s decision to reduce contract time and comment on the action). However, failure to provide the requested information within the specified time will not prevent the Representative from completing the contract time reduction. Along with submitting the combined PDF of the Supporting Schedules in ECMS, the electronic Asta Powerproject (.pp) files should also be submitted to the Representative outside of ECMS (via PPCC). The following events or occurrences qualify for and may warrant a reduction in contract time affecting the Required Completion Date and/or a specified Milestone Date(s):

• A Notice to Proceed is issued indicating that the actual Notice to Proceed Date will be before the anticipated Notice to Proceed Date in the proposal. A time reduction, if warranted, will be processed within 30 calendar days after the date of Department acceptance of the initial Construction Schedule.

• Satisfactory project completion requires work in lesser quantities than those indicated in the contract, and progress on one or more controlling operations is favorably affected by the item plan quantity underruns. A time reduction, if warranted, will be processed within 30 calendar days after the date all work under the applicable contract item(s) is completed.

• The District Executive, in writing, authorizes the elimination of an item(s) of work or a reduction in quantity for an item(s) of work, and progress on one or more controlling operations is favorably affected by the elimination(s)/reduction(s). A time reduction, if warranted, will be processed within 30 calendar days after the date of submission of the District Executive’s initial, itemized, written authorization for the work item elimination(s) / quantity reduction(s).

• The Contractor submits an initial Construction Schedule that shows the Required Completion Date and/or a specified Milestone Date(s) will be earlier than the date(s) indicated in the contract. A time reduction will be processed within 30 calendar days after the date of the Department acceptance of the initial Construction Schedule.

• Progress on one or more controlling operations is favorably affected by an act of the Department. A time reduction, if warranted, will be processed within 30 calendar days after the date notification of the Department’s act is submitted to the Contractor.

a specified Milestone Date(s), supported by documentation prepared using the appropriate scheduling tool, is processed by the Department despite the Co ntractor’s objections or is processed for a number of days that is more than the number of days originally indicated, and the Contractor wishes to dispute the Department’s action, submit a written request for a re- evaluation of the reduction of contract time, to the District Executive, within 7 calendar days after the date the District Executive, or a delegate, approved the time reduction within ECMS. Notification of the District Executive’s final determination will be provided within 7 calendar days of receipt of the Contractor’s written, re-evaluation request.

108.07LIQUIDATED DAMAGES—

uncompleted after the Required Completion Date, the sum per day specified in the following schedule,

unless otherwise stated in the proposal, will be deducted from money due or to become due. This deduction will not be as a penalty, but as Construction Engineering Liquidated Damages.

Original Contract Amount Schedule of Daily Charges for Construction Engineering Liquidated Damages From More Than To and Including Per Calendar Day $ 0 $ 400,000 $ 975 400,000 1,000,000 1,845 1,000,000 5,000,000 2,685 5,000,000 10,000,000 4,125 10,000,000 15,000,000 5,755 15,000,000 6,805

If the Contractor is declared in default, as specified in Section 108.08, Construction Engineering Liquidated Damages will be charged as provided by this section. If the total amount chargeable as Construction Engineering Liquidated Damages exceeds the amount payable to the Contractor or the surety, the excess is to be paid to the State by the Contractor or the surety.

will be charged for each day that the roadway is not opened to unrestricted traffic after the specified Milestone Date. The sum per day will be deducted from money due or to become due. This deduction will not be as a penalty, but as Road Users Liquidated Damages. If the Contractor is declared in default, as specified in Section 108.08, Road Users Liquidated Damages will be charged in the amount indicated. If the total amount chargeable as Road Users Liquidated Damages exceeds the amount payable to the Contractor or the sur ety, the excess is to be paid to the State by the Contractor or the surety.

as work zone liquidated damages for failure to comply with Maintenance and Protection of Traffic requirements and drawings or other contract traffic control requirements. This deduction will not be as a penalty, but as work zone liquidated damages.

to correct any noncompliance with Section 107.28 (Erosion and Sediment Pollution Control Plans and Permits) within 24 hours of notification by the Representative of the noncompliance. At the time of notification, the Representative will provide the Contractor with a copy of the visual site-inspection report or the report from DEP or their designee or other regulatory agency that identifies the noncompliance. A sum of $1,500 per 24-hour period will be charged as E&S noncompliance liquidated damages for failure to begin work within 24 hours of notification of noncompliance and for each subsequent 24-hour period until E&S compliance is attained. This deduction will not be as a penalty, but as E&S noncompliance liquidated damages. The liquidated damages specified in this section are in addition to, and not in derogation of, the Contractor's obligation set forth in Section 107.01 to indemnify the State and its representatives against any claim or liability arising from or based on the violation of any law, ordinance, regulation, order, or decree, including violations by Contractor employees, as well as any other obligation that the contractor may have to indemnify or hold the State and its representative harmless.

108.08DEFAULT AND TERMINATION OF CONTRACT—in the following paragraphs, the word “Contractor”

also means the surety, in case of default, and completion of the contract by the surety.

• failure to begin work within the time specified in the Notice to Proceed,

• failure to perform the work with sufficient labor, equipment, or material to ensure the completion of the specified work according to the contract terms,

• unsatisfactory performance of the work,

• failure or refusal to remove material, or to repair or remove and replace any work, rejected as defective or unsatisfactory,

• discontinuing work without approval,

• failure to resume work, which has been discontinued, within a reasonable time after notice to do so,

• insolvency or bankruptcy,

• commission of any act of bankruptcy or insolvency,

• making assignment for the benefit of creditors,

• failure or refusal within 10 days after written notice by the Secretary, to make payment or show cause why payment should not be made, of any amounts due for material furnished, labor supplied or performed, for equipment rentals, or for utility services rendered, as covered by the Payment Bond,

• failure to protect, to repair, or to make good any damage or injury to property, as specified in Section 107.12, and

• not performing work in an acceptable manner for any cause.

The Secretary, upon written notice from the District E xecutive or upon other proof satisfactory to the Secretary, and after having given written notice to the Contractor and the surety of such delay, neglect, or default on the part of the Contractor, will have power and authority, without violating the contract to:

• declare the Contractor in default,

• take the completion of the work out of the hands of the Contractor,

• appropriate or use any or all material and equipment of the Contractor assembled for the project ,

• enter into a contract or contracts for the completion of the work, according to the contract , or

• use such other methods that will be expedient for the completion of the contract in a satisfactory manner.

Contractor. The Secretary may at that time notify and require the surety to complete the contract according to its terms. Also, require the surety to render within 3 months from the compl etion certificate date, but before payment on the final certificate, a detailed statement of the costs of the completion of the work, including receipts and disbursements of all funds received and paid on account. However, the responsibility of the surety extends only to the limit of the bond amount.

from the Contractor and fulfill the contract with Department forces. At that time and in the State's name, the Secretary may take all right, title and interest in and to the equipment and material owned by the Contractor and assembled for use in the execution of the contract and may use them for completion.

loss to the State, the Secretary may dispose of any of the remaining equipment and material taken over as specified in Section 108.08(a) or (c), without further legal process and in the manner that may be considered in the State's best interests. Any equipment or material not required for completion or recoupment of loss, or for legal charges against the contract, or any balance remaining from the disposition of material and equipment after deducting losses by the State, or any legal charges against the contract, will be turned over to the party legally

or equitably entitled to them. If the contract is completed by Department forces, all proper costs and legal charges incurred by the Department in connection with the contract will be deducted from money due or to become due to the Contractor. The Department will credit the Contractor with the amount realized from the disposal of equipment or material. If legal charges against the contract and the expense incurred by the Department in connection with contract completion by any of the methods specified, less the credits herein provided for, exceed the sum which would have been payable under the contract for the completed work, the Contractor or the surety are liable to the State for the excess amount. If such legal charges and expenses are less than the contract value of the completed work, the difference will be paid to the Contractor or such difference may be paid to the surety, in an amount not exceeding the total amount which has been paid by the surety on its obligations under the Performance Bond and the Payment Bond. In this event, the surety is required to furnish evidence satisfactory to the Secretary that such payments have been made and that any balance remaining after payment to the suret y will be paid to the Contractor.

terminate the contract or any portion because of any of the following conditions:

• the Contractor is prevented from proceeding with the construction contract as a direct result of a President's Executive Order with respect to the occurrence of war or in the interest of national defense,

• the State or the Contractor is prevented from proceeding with the construction contract as direct result of an Order of a Court of competent jurisdiction,

• funds necessary for the project completion become unavailable,

• for the Department's convenience, the Department has determined that such termination will be in the State's best interest, or

• all of the work of any controlling operation is delayed for more than 90 consecutive calendar days, for any cause beyond the responsibility of the Contractor. The Secretary may enter into an Agreement with the Contractor or may terminate the contract by written notice to the Contractor. If an agreement is entered into, it will be executed by the Contractor and the Secretary, approved by the Surety and the Chief Counsel, the General Counsel or the Attorney General, or their designees.

When the contract, or any portion is terminated before completion of all items of contract work, payment will be made for each unit of work fully completed at the contract unit price and payment for each partially completed unit of work will be as mutually agreed or at the percentage of the contract unit price that the cost of the partially completed unit is of a fully completed unit with a maximum allowable of 100%. No claim for lost profits or damages of any kind will be allowed for the termination. Acceptable material, obtained by the Contractor for the work, will be purchased from the Contractor at actual cost, as shown by receipted bills and actual cost records, at such points of delivery as may be designated. Termination of any portion of the contract does not relieve the Contractor of responsibilities for the completed work, nor will it relieve the surety of its obligation for any claim arising out of the performance of the work.

108.09NONCOMPLIANCE BY THE CONTRACTOR—In addition to the elective measures the Secretary

may take for violation of the contract, as specified in Section 108.08, the Secretary will also have the discretionary right to take any or all of the following actions if the Contractor fails, neglects, or refuses to comply with the requirements specified in Sections 105.03, 107.12, 107.16(c), 110.03(d), or 901:

• The Secretary may shut down the work until the requirements of the violated section are met. In this event, no remission will be made in contract time for the period for which the work is shut down.

• The Secretary may withhold payment of estimates for work completed until the requirements of the violated section are met.

• The Secretary may enter upon the project and perform all work necessary to conform to the requirements of the section violated, then deduct the cost from money due or to become due to the Contractor or the surety. If the Contractor fails to comply with the requirements specified in Sections

107.12and 107.16(c), the Secretary will not proceed until 48 hours after written notice to the Contractor

and the surety that the Secretary will take such action.

• The Secretary has the right to enter upon the project and repair or replace public or private property which has been damaged in violation of Section 107.12, to estimate the amount of such damage, and to deduct the amount from money due or to become due to the Contractor or the surety. When money is deducted as provided, the Secretary will settle with the property owner and secure a written statement, releasing the State and the Contractor from further responsibility for such damage.

108.10STRIKES OR LABOR DISPUTES —Time extensions will be considered appropriate i f a strike or

labor dispute occurs which causes, despite all reasonable efforts of the contractor to avoid it, a shutdown of the entire project or of one or more controlling operations, whether the strike or labor dispute involves a union bargaining with the Contractor, a subcontractor, the Department, or third parties. In no event, however, will the Contractor be entitled to any delay costs for labor, material, equipment, or related expenses such as overhead or administrative costs, profit, etc., resulting from the strike or labor dispute, regardless of whether the strike or labor dispute involves a union bargaining with the Contractor, a subcontractor, the Department, or third parties affecting a controlling operation.