1−78 produced does not meet Contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove the deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in the basis of payment for t he construction items involved nor in contract time as a result of approving a change in methods or equipment.
108.07 Determination and Extension of Contract Time .
a.Completion Time . The number of days allowed for the completion of work, or date by which the work shall be completed, will be stated in the Proposal and Contract Agreement, and will be known as the "Contract Time.” The time for completion stated in the Contract, is expressed as a fixed calendar date, and is based on the original quantities as defined in Subsection 102.03; Interpretation of Quantities in Bid Schedule . If satisfactory completion of the Contract requires work to be performed in greater quantities than those set forth in the Contract Documents, and the Contractor shall show to the satisfaction of the Engineer that the additional work effects his schedule and contract completion date(s), the time allowed for completion shall be increased on a basis corresponding with the new contract schedule. The time for completion stated in the Contract has been developed on the assumption that work will be suspended during winter shutdown, i.e., the period from December 15th through the following April 15 th unless otherwise specified in the contract documents.
b.Delays . If the Contractor finds it beyond their control to complete the work within the contract time as specified, or as extended in accordance with the provisions of this Subsection, the Contractor may, at any time prior to the expiration of the contract time, make a written request to the Engineer. The Contractor's claim that insufficient time was specified is not a valid reason for extension of time. The Contractor shall be responsible for notifying the Resident Engineer within thirty (30) calendar days of any Department action or omi ssion which the Contractor believes has delayed or may delay the project. Notification and docum entation of the delays shall be in accordance with Section 105.20 Project Delays. Such notification shall be a precondition to consideration of an extension of time. If the Engineer determines that the work was delayed because of conditions beyond the control and without the fault of the Contractor, the time for completion may be extended for such period as conditions justify.
c.Requirements for Time Extension Request. The Contractor’s request shall be submitted as a comprehensive Time Extension Request Package. It shall include a narrative, project schedules, copies of all supporting documentation, and related correspondence. The submissions shall be considered a single package and all information shall mutually substantiate the requested extension of time.
1.At a minimum the narrative shall include the following: 1−79
a.Detailed project history including overall project performance by the Contractor, subcontractors, the Department, and third parties that affected the necessity for the time extension request.
b.Identification, description, and documentation for each delay issue. This shall include the circumstances which occurred resulting in the delay, the responsible parties for the delay and when the Contractor notified the Department regarding the delay. The number of calendar day s each delay impacted each milestone shall be calculated and reported.
c.Identification, description, and documentation for each mitigation action. This shall include the actions taken by each party to mitigate delays, the dates of such actions, and the resulted calendar days which were gained or mitigated by such actions.
2.At a minimum, project schedules shall be included in the Time Extension Package to substantiate the delays and mitigation actions to the project. Engineer Accepted Schedules shall be referenced as is; schedules either Accepted as Noted, Not Accepted, or Rejected shall be corrected before for use in the delay analysis. The number of days requested shall be substantiated by the project schedules.
3.At a minimum, the project documentation and correspondence shall be included in the submitted Time Extension Package. This documentation shall include letters, memos, directives, field notes, emails, etc., which subst antiates any delays or mitigation detailed in the narrative.
108.08 Failure To Complete On Time.
a.Phased Completion, Interim Completion and Substantial Completion. For each day, including work days, Saturdays, Sundays, and Holidays, that any unit or portion of the work shall remain uncompleted as defined by Subsection 105.17; Acceptance, Para. a., Partial Acceptance , the applicable Daily Charge will be deducted from any money due the Contractor, not as a penalty but as liquidated damages. The Job Specific Phased and Interim Completion Dates and Associated Liquidated Damages are defined in Special Provision Code 108.1000; Prosecution and Progress . An adjustment of the contract time for completion of the work granted under the provisions of Subsection 108.07 hereto will be considered in the assessment of liquidated damages. Permitting the Contractor to continue and finish the work, or any part of it, after the contract time, or any extensions thereof, has passed will not waive the Department’s rights under the Contract. Unless otherwise specified, liquidated damages will not be assessed during the winter shutdown period, i.e., December 15 th through the following April 15th.
b.Final Completion. For each day, including work days, Saturdays, Sundays, and Holidays, that any work shall remain uncompleted after the time established for completion of the work in Subsection 105.17; Acceptance, Para. b, Final Acceptance , the applicable Daily Charge specified below, will be deducted from any money due the Contractor, not as a penalty, but as liquidated damages. An adjustment of the contract time for completion of the work
Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 92–93 of 826.