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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 1−80 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 accrue during the winter shutdown period, i.e., December 15 th through the following April 15th. Rates for liquidated damages will be established in accordance with the Schedule. When the contract time is either the calendar day or fixed calendar day basis, the schedule for calendar days shall be used. When the contract time is on a work day basis, the schedule for work days will be used. Schedule of Liquidated Damages Original Contract Amount Daily Charge From To and Calendar Day More Than Including or Fixed Date Work Day $ 0 25,000 $200.00 $300.00 25,000 50,000 350.00 500.00 50,000 100,000 450.00 600.00 100,000 500,000 900.00 1,200.00 500,000 1,000,000 1,200.00 1,700.00 1,000,000 2,000,000 1,500.00 2,050.00 2,000,000 6,000,000 1,950.00 2,700.00 6,000,000 10,000,000* 2,350.00 3,250.00 *Projects over $10,000,000 will have Liquidated Damages assigned in t he Job Specific Specifications.
108.09 Default of Contract
a.Conditions . If the Contractor;
1.Fails to begin the work under the Contract within the time specified in the Notice to Proceed, or
2.Fails to perform the work with sufficient workers and equipment or with sufficient materials to assure the prompt completion of said work, or
Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 93–94 of 826.