Effective with the December 2018 Letting 49 2019 Standard Speci fications Section 108 Prosecution and Progress 108.1 Subletting the Contract 108.1.1 General
1.Do not sublet, sell, transfer, assign, or otherwise dispose of the contract, a portion of the contract, or a right, title, or interest in the contract without the engineer’ s written consent. If the engineer consents to the contractor subletting a portion of the contract, the contra ctor is relieved of no responsibility for the fulfillment of the contract or o f no liability under the contract and bond. Do not allow a subcontractor to proceed with work without the engineer's written consent.
2.Request permission in writing to sublet a portion of the contract. If the engineer requires, submit evidence that the proposed subcont ractor is experienced and equ ipped for the work. The engineer may also require submission o f a copy of the proposed subcontra ct. Submit all subsequent changes in the terms of a subcontrac t for the engineer’s consent.
3.If proposing to have a party other than a subcontractor perfor m work, notify the engineer and submit details of this arrangement in wr iting. The engineer will deter mine if that arrangement constitutes subcontracting. The engineer may also require the contractor to file, with the engineer, copies of all other agreements between any parties regarding the performance of work under the contract. 108.1.2 Prime Contractor Participation
1.Perform at least 30 percent of t he original contract amount wi th the contractor's own organization. The contractor's own organization is defined as workers the contrac tor employs and pays directly as well as equipment the contractor own s or rents, either with or witho ut operators. Submit documentation according to CMM 2-60 to indicate what work the contractor's own organization is performing and the dollar value of that work before contract execution as specifie d in 103.6 . Include a detailed computation showing the contractor's share of work calculated a s follows: Contractor's share = P / (C - S) Where: P = Work the prime contractor performs. The prime may include materials the prime purchases and installs or that the prime purchases bu t others install, and trucking the prime pays for directly. Do not include equipment and associated operators the prime leases to others performing work. C = Total contract amount. S = Specialty work others perform. Work on sanitary sewer system s and water-main systems is specialty work. Specialty work also inclu des work performed under any bid ite m in the designated sections or under special provision bid items for similar work as follows: - Contractor staking work under 650. - Electrical work under 651 - 678 . - Landscaping and erosion control work under 626 - 632. - Traffic control work under 643. - Signing work under 633 - 638 and 641. - Pavement marking work under 646 - 649. - Fencing work under 616. 108.2 Start of the Work
1.For the purpose of determining contract time, the contract sta rting date is defined as follows: If the contract provides for st arting work not later than 10 ca lendar days after the date of written notification from the engineer, t he contract starting date will be the date construction operations are started or the tenth calendar day following the date of that notification, whichever is earlier. 108.3 Prosecution of the Work
1.The department will issue a wri tten notification to begin or r esume work for all working day, calendar day, and completion date contract s. Do not begin or resume work before receiving the engineer's written notification. Notify the engineer at least 3 business d ays before starting or resuming work. Notify the engineer at least one business day before changing t he schedule of work, such as working on Saturdays, Sundays, and depart ment-specified holidays.
2.Give the work the constant att ention necessary to promote the progress of the work. Promptly supply the materials, tools, equipmen t, and incidental items required to perform the work. Employ an ample force of workers and provide a construction plant properly adap ted to the work and of sufficient Effective with the December 2018 Letting 50 2019 Standard Speci fications capacity and efficiency to accom plish the work in a safe and sk illful manner as provided in the contractor’s progress schedule . Maintain all plants in good wor king order and make provisions for immediate emergency repairs.
3.Take precautions necessary to p rotect the work as specified in 107.14 . Include in the contract price the cost for taking precautions and protecting the work. The co st of taking precautions and protecting the work is incidental to the work as specified in 109.2 and 109.6.1. 108.4 Progress Schedules 108.4.1 General
1.Submit a bar chart progress schedule as specified in 108.4.2 . The contractor may alternatively submit one of the following:
1.A linear schedule conveying all the information specified i n 108.4.2 for a bar chart.
2.A relationship bar chart (RBC) schedule as specified in 108.4.3.
3.A critical path method (C PM) schedule as specified in 108.4.4 .
2.If the contract require s, submit an RBC sc hedule as specified in 108.4.3 or a CPM schedule as specified in 108.4.4 , and do not submit a bar chart schedule.
3.Plan and execute the work to m eet the contract-required interi m completion dates and the specified contract time or completion date . The engineer will use the sch edule to monitor the progress of the work. The schedule is not part of the contract. 108.4.2 Bar Chart Progress Schedule 108.4.2.1 Initial Bar Chart Progress Schedule
1.At least 14 calendar days before t he preconstruction meeting, submit to the engineer for review an initial bar chart progress sc hedule conforming to the following minimum requirements:
1.Include activities that describe essential features of the work and activities that m ight potentially delay contract completion. Identify act ivities that are controlling i tems of work.
2.Identify the contemplated s tart and completion dates for ea ch activity. Provide a duration, ranging from one to 15 working days, for each acti vity. Break longer activities into 2 or more activitie s distinguished by the addition of a location or some other description. Specify the sequencing of all activities.
3.Provide the quantity and the estimated daily production rat e for controlling items of work.
4.Include a narrative that lis ts the work days per week, depa rtment-specified holidays, number of shifts per day, and number of hours per sh ift. For calendar day and comple tion date contracts, provide the estimated number of adverse weather days fo r each month consistent with t he monthly-anticipated adverse weather days 108.10.2.2 shows.
5.Show completing the work within interim completion dates and the specified contract time or completion date.
2.In addition to the required acti vities, the contractor is encouraged to include other activities such as:
1.The procurement of materia ls, equipment, articles of special manufacture, concrete curing time, etc.
2.The furnishing of drawings, plans, and other data required in the contract for t he engineer's review.
3.The department’s inspections of structural steel fabricatio n, etc.
4.Third-party activities related to the contract.
3.Hand drawn schedules are accept able. If the contractor develop s the initial schedule with scheduling software, the contractor is encouraged to provide the engineer a diskette of the schedule and the name of the scheduling software used.
4.The engineer and contractor will re view the initial schedule at the preconstruction meeting. Within 5 business days after the preconst ruction meeting, the engineer w ill accept the contractor's initial schedule or request additional inf ormation. Make the appropriate adjustments and resubmit the revised initial schedule within 5 business days after the engineer's request. If the engineer requests justification for an activity duration, provide information tha t may include estimated labor, equipment, unit quantities, and production rates used to determine the act ivity duration.
5.The department will only make pro gress payments for the value of materials, as specified in 109.6.3.2 , until the engineer accepts the initial schedule. The engineer a ccepts the contractor's initial schedule based solely on whether that sch edule is complete as specified in 108.4.2.1(1) . The engineer’s acceptance of the schedule does not modify the contract or vali date the schedule. 108.4.2.2 Monthly Progress Meetings and Bar Chart Progress Sch edule Updates
1.The contractor and the engineer will meet monthly to assess pr ogress and jointly add update information to the initial schedule. At a minimum, updates will include the actual start and finish of each activity, percentage comple te, and remaining durations of activities started but not yet completed. Effective with the December 2018 Letting 51 2019 Standard Speci fications 108.4.2.3 Engineer's Right to Re quest Bar Chart Progress Sched ule Revisions
1.The engineer will monitor the pr ogress of the work and may request that the contractor revise the schedule if project completion or interim completion targets ar e delayed 14 calendar days or more for calendar day or completion date c ontracts, or 10 working days o r more for working day contracts. Submit the revised schedule within 5 business days after the en gineer’s request. 108.4.2.4 Bar Chart Progress Schedule Documentation for Time E xtensions
1.Furnish documentation including schedule updates to support requests to extend interim completion dates, the specified contract ti me, or the completion date.
2.If the contractor does not furn ish documentation to support th e additional time needed to complete work on increased quantities for an excusable delay that affect s a controlling item of work, the engineer may extend contract ti me, rounded to the nearest 1/2 d ay, as follows: TE = OT x (ATC - OC)/OC Where: TE = Time extension OT = Original time (or iginal contract time) OC = Original cost (total bid amount) ATC = Adjusted total cost (actual cost of all work minus the cost of change order work where contract time was determined) 108.4.2.5 Bar Chart Progress Schedule Measurement and Payment
1.Include the cost for the schedul e in the total bid. The schedu le is incidental to the contract. 108.4.3 Relationship Bar Chart Progress Schedule 108.4.3.1 General
1.If the contract requi res, submit a RBC P rogress Schedule. 108.4.3.2 Initial RBC Progress Schedule
1.At least 14 calendar days before t he preconstruction meeting, submit to the engineer for review an initial RBC schedule that meets the following minimum requireme nts:
1.Include activities that describe essential features of the work and activities that m ight potentially delay contract completion. Identify act ivities that are controlling i tems of work.
2.Identify the contemplated s tart and completion dates for ea ch activity. Provide a duration, ranging from one to 15 working days, for each acti vity. Break longer activities into 2 or more activitie s distinguished by the addition of a location or some other description.
3.Provide a logic diagram tha t shows the sequence of activiti es and the scheduling interrelationships among activities. Alternatively, the co ntractor may identify the acti vity interrelationships in a tabular listing. Ensure all activity interrelationships are finish to sta rt relationships with no leads or lags . Use only contractual constraints in the schedule logic. The engineer may accept requ ested exceptions.
4.Provide the quantity and the estimated daily production rat e for controlling items of work.
5.Include a narrative that lis ts the work days per week, depa rtment-specified holidays, number of shifts per day, and number of hours per sh ift. For calendar day and comple tion date contracts, provide the estimated number of adverse weather days fo r each month consistent with t he monthly-anticipated adverse weather days 108.10.2.2 shows.
6.Show completing the work within interim completion dates and the specified contract time or completion date.
7.Develop the RBC schedule using computerized scheduling software. Provide the engineer with a paper copy of the information required in items 3 and 5 of 108.4.3.2( 1). Submit a diskette of the schedule and identify the software used to prepare that schedule.
2.In addition to the required acti vities, the contractor is encouraged to include other activities such as:
1.The procurement of materia ls, equipment, articles of special manufacture, concrete curing time, etc.
2.The furnishing of drawings, plans, and other data required in the contract for t he engineer's review.
3.The department’s inspections of structural steel fabricatio n, etc.
4.Third-party activities related to the contract.
3.The contractor may augment the in itial submittal of the RBC sc hedule by submitting a linear schedule. The linear schedule must be gener ated from the RBC schedule.
4.The engineer and the contractor w ill review the initial schedu le at the preconstruction meeting. Within 5 business days after the precon struction meeting, the engineer will accept the contractor's initial schedule or request additional inf ormation. Make the appropriate adjustments and resubmit the revised initial schedule within 5 business days after the engineer's request. If the engineer requests Effective with the December 2018 Letting 52 2019 Standard Speci fications justification for an activity duration, provide information tha t may include estimated labor, equipment, unit quantities, and production rates used to determine the act ivity duration.
5.The department will only make pro gress payments for the value of materials, as specified in 109.6.3.2 , until the engineer accepts the initial schedule. The engineer a ccepts the contractor's initial schedule based solely on whether that sch edule is complete as specified in 108.4.3.2(1) . The engineer’s acceptance of the schedule does not modify the contract or vali date the schedule. 108.4.3.3 Monthly RBC Progress Sche dule Updates and Progress M eetings
1.Update the schedule monthly to show current progress. At a min imum, ensure that the update includes:
1.The actual start and finish of each activity, percentage complete, and remaining durations of activities started but not yet completed.
2.A narrative report that inc ludes a listing of monthly progr ess, changes to the controlling items of work from the previous update, sources of delay, potential problems, work planned for the next 30 calendar days, and changes to the RBC schedule. Changes include, but are not limited to, changes in the method and manner of performing the work, changes in the contract, extra w ork, changes in an activity duration, and changes to relationships between activities.
2.For each schedule update, submit a diskette and an updated pap er copy meeting the requirements in 108.4.3.2(1) .
3.Within 5 business days after su bmitting the monthly update, ho ld a job-site meeting with the engineer to review the progress of the schedule. At that meeting, the department will confirm the actual start and actual finish dates of completed activities, remaining dura tions of uncompleted activities, and changes to the controlling items of work. 108.4.3.4 Engineer's Right to Re quest RBC Progress Schedule Re visions
1.Between monthly updates, the engi neer will monitor the progres s of the work and may request that the contractor revise the schedule for one or m ore of the following reasons:
1.The project completion or int erim completion targets are de layed 14 calendar days or more for calendar day or completion dat e contracts, or 10 working days or more fo r working day contracts.
2.The engineer determines the progress of the work differs si gnificantly from the current schedule.
3.A contract change order requi res the addition, deletion, or revision of activities that causes a change in the contractor's work sequence or the method and manner of performing the work.
2.Submit the revised schedule with in 5 business days after the e ngineer’s request.
3.Within 5 business days after su bmitting the revised schedule, hold a job-site meeting to review the schedule revisions. At the meeting, the engineer will accept th e contractor's schedule or request additional information. Make the appropriate adjustments and re submit the newly revised schedule. 108.4.3.5 RBC Progress Schedule Documentation for Time Extensi ons
1.Furnish documentation, including schedule updates, to support requests to extend interim completion dates, the specified contract time, or completion date. 108.4.3.6 RBC Progress Schedule Measurement
1.The department will measure one RBC Progress Schedule for the contract acceptably completed. 108.4.3.7 RBC Progress Schedule Payment
1.The department will pay for the measured quantity at the contr act unit price under the following bid item: ITEM NUMBER DESCRIPTION UNIT 108.4300 RBC Progress Schedule EACH
2.Payment is full compensation fo r all work required under this bid item. The department will pay the contract amount in 3 payments as follows:
1.The department will make the first payment, equal to 50 per cent of the amount bid for this bid item, after the department accepts t he initial schedule.
2.The department will make t he second payment, equal to 25 pe rcent of the amount bid for this bid item, when the contractor completes work representing 40 percent of t he total contract price, excluding the price for this bid item.
3.The department will make the third payment, equal to 25 per cent of the amount bid for this bid item, when the contractor completes work representing 80 percent of the to tal contract price, exc luding the price for this bid item. Effective with the December 2018 Letting 53 2019 Standard Speci fications 108.4.4 Critical Path Method Progress Schedule 108.4.4.1 General
1.If the contract requi res, submit a CPM Progress Schedule. 108.4.4.2 Initial Work Plan
1.At least 14 calendar days before t he preconstruction meeting, submit an initial work plan conforming to, as a minimum, the following requirements:
1.Include a detailed bar chart schedule, meeting the requirem ents of 108.4.2.1(1) , for the first 60 calendar days of work. Ensure that all activities have durations of one to of 15 working days, unless the engineer accepts requested exceptions. Sh ow additional ac tivities that r equire department review or approval.
2.Include a summary bar chart schedule for the balance of the project. Summary activities ma y be greater than 15 working days.
3.Ensure the bar chart schedules show completing the work within the interim completion dates and specified contract time or completion date.
2.The engineer and the contractor w ill review the initial work p lan at the preconstruction meeting. Within 5 business days after the precon struction meeting, the engineer will accept the contra ctor's initial work plan or request additional inf ormation. The engineer will use t he detailed bar chart schedule to monitor the progress of the work until accepting the initial CPM schedu le.
3.Maintain and submit on a bi-w eekly basis an updated version of the detailed bar chart schedule until the department accepts the initia l CPM schedule. Ensure that ea ch schedule update includes the actual start and finish of each activity, percentage complete, and the remaining durations of activities started but not yet completed. 108.4.4.3 Initial CPM Progress Schedule
1.Within 30 calendar days after the notice to proceed, submit to the engineer for review an initial CPM schedule, beginning at the start of work date and conforming to the following minimum requirements:
1.Include activities that describe essential features of the work and activities that m ight potentially delay contract completion. Identify act ivities that are controlling i tems of work.
2.Identify the contemplated s tart and completion dates for ea ch activity. Provide a duration, ranging from one to 15 working days, for each acti vity. Break longer activities into 2 or more activitie s distinguished by the addition of a location or some other description.
3.Provide a logic diagram havin g a maximum of 50 activities f or each 11 in. by 17 in. sheet. Ensure that each sheet includes title, match data for diagram correlation, and a key to identify all components used in the diagram. Show the sequence of activities and the scheduling interrelationships among activities. Ensure all activity interrelation ships are finish to start rela tionships with no leads or lags. Use only contractual constraints in the schedule logic. The engineer may accept requested exceptions.
4.Provide the quantity and the estimated daily production rat e for controlling items of work.
5.Include a narrative that lis ts the work days per week, depa rtment-specified holidays, number of shifts per day, and number of hours per sh ift. For calendar day and comple tion date contracts, provide the estimated number of adverse weather days fo r each month consistent with t he monthly-anticipated adverse weather days 108.10.2.2 shows.
6.Provide tabular sorts by: - Activity Identifi cation/Early Start. - Total Float. - Predecessor/Successor. - Responsibility/Early Start. - Area/Early Start.
7.Provide 60-day look-ahead bar charts by early start. 8. Show completing the work within interim completion dates and the specified contract time or completion date.
9.Develop the CPM schedule using computerized scheduling soft ware. Provide the engineer with a paper copy of the information required in items 3, 5, 6 , and 7 of 108 .4.4.3(1). Submit a d iskette of the schedule and identify the software used to prepare that schedule.
2.In addition to the required acti vities, the contractor is encouraged to include other activities such as:
1.The procurement of materia ls, equipment, articles of special manufacture, concrete curing time, etc.
2.The furnishing of drawings, plans, and other data required in the contract for t he engineer's review.
3.The department’s inspections of structural steel fabricatio n, etc.
4.Third-party activities related to the contract. Effective with the December 2018 Letting 54 2019 Standard Speci fications (3) Float is defined as the time between the date when an activity can start, the early start, and the date when an activity mus t start, the late start. The department and the contractor agree that float is a shared commodity, and is not for the exclusive use or financial benefit of either party. Either party has the full use of the float until it is depleted.
4.The contractor may augment the in itial submittal of the CPM sc hedule by submitting a linear schedule. The linear schedule must be generated from the CPM schedule.
5.Attend a meeting to review the schedule. The engineer will schedule the meeting within 10 business days after receiving the contract or’s initial CPM schedule submittal. Within 5 business days after the meeting, the engineer will accept t he contractor's initial CPM schedule or request additional information. Make the appropri ate adjustments and resubmit the revised initial CPM schedule within 10 business days after the engi neer's reques t. If the engineer requests justification for an activity duration, provide information that may include estimated labor, equipment, unit quantities, and production rates used to deter mine the activity duration.
6.The department will only make pro gress payments for the value of materials, as specified in 109.6.3.2 , until the contractor has submitt ed the initial CPM schedule. Th e department will retain 10 percent of each estimate until the departmen t accepts the initial CPM sche dule.
7.The engineer accepts the contract or's initial CPM schedule bas ed solely on whether that schedule is complete as specified in 108.4.4.3(1) . The engineer’s acceptance of t he schedule does not modify the contract or validate the schedule. 108.4.4.4 Monthly CPM Progress Sc hedule Updates and Progress M eetings
1.Update the schedule monthly to show current progress. At a min imum, ensure that the update includes:
1.The actual start and finish of each activity, percentage complete, and remaining durations of activities started but not yet completed.
2.A narrative report that inc ludes a listing of monthly progr ess, changes to the controlling items of work from the previous update, sources of delay, potential problems, work planned for the next 30 calendar days, and changes to the CPM schedule. Changes include, but are not limited to, changes in the method and manner of performing the work, changes in the contract, extra w ork, changes in an activity duration, and changes to relationships between activities.
2.For each schedule update, submit a diskette and an updated pap er copy of the following:
1.Tabular sorts by: - Activity Identifi cation/Early Start. - Total Float.
2.If applicable, an updated logi c diagram as the engineer requires.
3.If augmenting the CPM schedule with a linear schedule, provide an update of the linear schedule.
3.Within 5 business days after su bmitting the monthly update, ho ld a job-site meeting with the engineer to review the progress of the schedule. At that meeting, the department will confirm the actual start and actual finish dates of completed activities, remaining dura tions of uncompleted activities, changes to the controlling items of wor k, and the logic changes. 108.4.4.5 Engineer's Right to Re quest CPM Progress Schedule Re visions
1.Between monthly updates, the engi neer will monitor the progres s of the work and may request that the contractor revise the schedule for one or m ore of the following reasons:
1.The project completion or int erim completion targets are de layed 14 calendar days or more for calendar day or completion dat e contracts, or 10 working days or more fo r working day contracts.
2.The engineer determines the progress of the work differs si gnificantly from the current schedule.
3.A contract change order requi res the addition, deletion, or revision of activities that causes a change in the contractor's work sequence or the method and manner of performing the work.
2.Submit the revised schedule within 10 business days after the engineer’s request.
3.Within 5 business days after su bmitting the revised schedule, hold a job-site meeting to review the schedule revisions. At the meeting, the engineer will accept th e contractor's schedule or request additional information. Make the appropriate adjustments and re submit the newly revised schedule. 108.4.4.6 CPM Progress Schedule Documentation for Time Extensi ons
1.Furnish documentation, including schedule updates, to support requests to extend interim completion dates, the specified contract time, or completion date. 108.4.4.7 CPM Progress Schedule Measurement
1.The department will measure one CPM Progress Schedule for the contract acceptably completed. Effective with the December 2018 Letting 55 2019 Standard Speci fications 108.4.4.8 CPM Progress Schedule Payment
1.The department will pay for the measured quantity at the contr act unit price under the following bid item: ITEM NUMBER DESCRIPTION UNIT 108.4400 CPM Progress Schedule EACH
2.Payment is full compensation fo r all work required under this bid item. The department will pay the contract amount in 3 payments as follows:
1.The department will make the first payment, equal to 50 per cent of the amount bid for this bid item, after the department accepts t he initial schedule.
2.The department will make t he second payment, equal to 25 pe rcent of the amount bid for this bid item, when the contractor completes work representing 40 percent of t he total contract price, excluding the price for this bid item.
3.The department will make the third payment, equal to 25 per cent of the amount bid for this bid item, when the contractor completes work representing 80 percent of the to tal contract price, exc luding the price for this bid item. 108.5 Limiting Operations
1.Limit operations to prevent undue inconvenience to the traveli ng public. If the enginee r concludes that the extent of the contractor's work zone unnecessarily inconven iences the public, the engineer will require the contractor to finish sections in progress before al lowing the contractor to start work on additional sections. 108.6 Character of Workers
1.Provide personnel necessary to s upervise and complete all cont ract work as specified. Ensure workers have the exper ience and skills neces sary to perform ass igned work.
2.Remove from the project all pers onnel performing in an unskill ed manner or who are intemperate or disorderly. If the engineer conclude s that personnel are perfor ming in an unskilled manner or are intemperate or disor derly, the engineer may direct the contract or, in writing, to remove them from the project. Do not allow removed per sonnel to return to the projec t without the engineer's written consent.
3.The engineer may suspend the work in writing, withhold progres s payments due the contractor, or both for the following reasons:
1.The contractor does not furn ish suitable and sufficient per sonnel to perform the work.
2.The contractor does not rem ove personnel from the project as specified in 108.6(2) . 108.7 Methods and Equipment 108.7.1 General
1.Use equipment of the capacity and mechanical c ondition necessa ry to perform work conforming to the contract. Ensure that the equipment does not harm the roadway, pavement, structures, adjacent property, other highways, wor kers, or the public. Use equipment conforming to the specific contract requirements for individual bid items or classes of work.
2.If the contractor does not provide adequ ate equipment, properly maintained, the engineer may:
1.Order the contractor to remove the equipment.
2.Suspend specific operations until the contractor provides a dequate equipment.
3.Determine that the contractor is in default of the contract .
3.Equip each unit of motorized construction equipment with a muffler constructed to the equipment manufacturer’s specifications. T he contractor may substitute ot her mufflers producing equivalent results. Maintain mufflers and exhaust systems in good operating condition, free from leaks and holes. 108.7.2 Moving Heavy Loads
1.For all vehicles operated on completed subgrade, base, or pave ment that will remain a permanent part of the project, do not exceed the legal loading defined in Wisc onsin statutes for Class A highways without the engineer's written per mission. For structures, do n ot exceed that legal loading without written permission w hether or not the stru cture will remain a p ermanent part of the project. Adhering to these requirements, or allowed variations, does not relieve the contractor of liability for damage caused by those operations. 108.7.3 Loads on Structures
1.Demonstrate that all loads on st ructures within the project li mits throughout the duration of the contract do not exceed the structural capacity of the structure. If the engineer directs, submit stamped and signed copies of analyses and asso ciated calculations performed by a professional engineer Effective with the December 2018 Letting 56 2019 Standard Speci fications registered in the state of Wis consin to the engineer and to the department's bureau of structures. Do not begin construction operations or move a heavy load across a structure without the engineer's written authorization.
2.If a PE's analysis is required , determine capacity at the oper ating load level using the same AASHTO specification the structure wa s rated under. Include materials, equipment, and other construction or vehicular loads in the analys es. If under public traffic, also include the Wisconsin standard permit vehicle (Wis-SPV) as shown in chapter 45 of the department's br idge manual. The structure must be capable of carrying a Wis-SPV load equal to or greater than 100 ,000 pounds in addition to construction loads. The engineer's written authorization must b e accompanied by a copy of the analysis stamped accepted by department's bureau of structures before proceeding.
3.Except as required to accommodate public traffic or to complete the deck pour, do not operate heavy equipment or impose vehicular liv e loads on lanes adjacent to f reshly placed concre te decks until it develops sufficient strength to open it to service under 502.3.10.1 . 108.8 Substituting Equipment, Methods, and Materials
1.Use the equipment, methods, or materials specif ied in the cont ract unless the engineer authorizes substitutes. If the contract does not specify equipment, method s, or materials, the contractor may use those the contractor demonstrates, to the engineer 's satisfaction, to produce conforming work.
2.Obtain the engineer's authoriza tion before substituting for eq uipment, methods, or materials specified in the contract. Submit a writt en request to the engineer descr ibing the equipment, methods, or materials proposed and the reas ons for the change. The engineer 's authorization of a substitution does not relieve the contractor of the obligation to produce wo rk conforming to the contract as specified in 105.3.1 .
3.If after use of substituted e quipment, methods, or materials, the engineer finds the work nonconforming, the contractor shall complete the remaining work with the specified equipment, methods, or materials. The non conforming work is subject to the provisions of 105.3.2.
4.The department will pay for a substitute made under 108.8 at t he contract price for the original work. The department will not extend contract time for a substitute m ade under 108.8, except for time resulting from a cost reducti on incentive as provided in 104.10 . 108.9 Contract Time for Working Day, Calendar Day, and Complet ion Date Contracts 108.9.1 General
1.Complete all or any portion o f the project called for in the c ontract within the time or times for completion of the contract. All time limits in the contract are crucial elements of the contract.
2.The proposal will spec ify the time for completion as a specifi c number of working days, calendar days, or as a given completion date. 108.9.2 Assessing Time Charges for Working Day Contracts
1.For working day contracts, contract time is the number of work ing days specified for completion. Beginning with the start of work specified in 108.2 , the engineer will assess working days for all days except:
1.Days excluded in 108.9.2(4) .
2.Days if one or more of the fo llowing preven t the contractor from working on the controlling item: 2.1 Earthquakes and other catac lysmic phenomena of nature the contractor cannot fo resee and avoid. 2.2 Weather conditions. 2.3 Job conditions caused by weather. 2.4 Non-compensable delays as specified in Items 2 through 7 o f 108.10.2.1(3) . 2.5 Compensable delays as spec ified in Items 2 through 5 of 108.10.3(2) .
2.The engineer will assess working days based on the number of h ours the contractor is able to work on the controlling item with full and normal efficiency. The engin eer will assess worki ng days as follows:
1.Contractor can work less t han 4 hours; no working day.
2.Contractor can work from 4 to less than 8 hours; 1/2 workin g day.
3.Contractor can work 8 hours or more; full working day.
3.The engineer will asse ss working days if the contractor is not performing work on the controlling item of work, and that non-performanc e is due to delays the contractor can foresee, control, or prevent.
4.The engineer will not assess working days on:
1.Saturdays, Sundays, and d epartment-specified holidays. Effective with the December 2018 Letting 57 2019 Standard Speci fications 2. Engineer-ordered suspensions for reasons other than contrac tor negligence or non-compliance including winter suspensions before Nove mber 16 or after March 31.
3.Contract-identified, non-work days during the construction season.
4.Days from November 16 through March 31.
5.The engineer will continue to assess working days after Novemb er 15 if the contractor has not completed the work to the stage the contract requires to be com pleted by November 16.
6.If the engineer determi nes the contractor shall not work durin g the period from November 16 through March 31, the contractor is not entitled to claim for a delay, time extension, or other related damages.
7.The engineer will prepare a week ly statement showing days char ged for the preceding week and days remaining on the contract. The engineer will make this statemen t available to the contractor in a mutually agreeable location wit hin 5 business days after the we ek covered in the statement. If the contractor disagrees with the ti me assessed, the contractor may give notice as specified in 104.3 . 108.9.3 Contract Time for Calendar Day Contracts
1.For calendar day contracts, cont ract time is the number of calendar days specified for completion, including Saturdays, Sundays, and department-specified holidays , counted from the starting date specified in 108.2 . Contract time includes contract-identified non-work days duri ng the construction season, but excludes contract-id entified winter suspension peri ods. 108.9.4 Contract Time for Completion Date Contracts
1.For completion date contracts, contract ti me begins with the s tart of work as specified in 108.2 and concludes on the specified completion date. Complete the contra ct by that date.
108.10 Determining Contract Time Extensions and Payment for Ex cusable Delays
108.10.1 General
1.The department may extend contra ct time by cont ract change ord er. The department will only extend contract time if an excusable delay affects the controlling ite m of work. Excusable delays are unforeseen and unanticipated del ays not resulting from the cont ractor's fault or negligence. Provide documentation and schedule updates to support requested time ex tensions as specified:
1.In 108.4.2.4 for bar chart progress schedules.
2.In 108.4.3.5 for RBC progress schedules.
3.In 108.4.4.6 for CPM progress schedules.
2.The department may choose not to consider time extensions for delays unless the co ntractor notifies the engineer as specified in 104.3 and updates the schedule. The engineer will evaluate the facts , pay adjustment, and time extension for the delay. The engineer's fi ndings are final and conclusive.
108.10.2 Excusable, Non-Compensable Delays
108.10.2 1 General
1.Non-compensable delays are excu sable delays no t the contractor 's or the department's fault. The engineer will not pay for the delay costs listed in 109.4.7 for non-compensable delays.
2.For non-compensable delays under calendar day and completion date contracts, the engineer will extend contract time if the conditions specified in 108.10.1 are met. The department will relieve the contractor from associated liquidated damages, as specified in 108.11 , if the engineer extends time under 108.10.1 .
3.The following are non-compensable delays:
1.Delays due to earthquakes, other cataclysmic phenomena of nature the cont ractor cannot foresee and avoid, severe weather or job conditions caused by recent weather as specified in 108.10.2.2.
2.Extraordinary delays in mate rial deliveries the contractor or their suppliers cann ot foresee and forestall resulting from strikes, lockout s, freight embargoes, industry-w ide shortages, governmental acts, or sudden disasters.
3.Delays due to acts of the gov ernment, a political subdivisi on other than the depar tment, or the public enemy.
4.Delays from fires or epidemics.
5.Delays from strikes beyond t he contractor's power to settle not caused by improper acts or omissions of the contractor, thei r subcontractors, or their suppliers.
6.Delays caused by non-completion of work by utilities or other third parties, if the c ontract does not specify a number of days or a completi on date for that utility or third -party work.
7.Altered quantities as specified in 109.3 . Effective with the December 2018 Letting 58 2019 Standard Speci fications 108.10.2.2 Extension of Contract Time for Severe Weather
1.The engineer will award a time extension for severe weather on calendar day and completion date contracts. Submit a request for severe weather days if the numb er of adverse weather days, as defined in 101.3 , exceeds the anticipated number of adverse weather days tabulated below. TOTAL ANTICIPATED ADVERSE WEATHER DAYS FOR EACH CALENDAR MONTH[2] Jan: 31[1] Feb: 28[1] Mar: 31[1] April: 5 May: 4 June: 4 July: 3 Aug: 3 Sep: 4 Oct: 5 Nov 1 thru 15: 2 Nov 16 thru 30: 15[1] Dec: 31[1] [1] Includes an anticipated winter s uspension from November 16 thr ough March 31. [2] The number of days will be modifi ed in the special provisions for year-round and pa inting contracts.
2.Submit the request to the engine er at the end of the month. In dicate the number of adverse weather days that occurred during that month. Provide progress schedule documentation to show that the controlling item of work was del ayed. Show that the delay was beyond the control of the contractor. The engineer will assess the cont ractor's submittal and indicat e how many adverse weather days are confirmed.
3.For each calendar month, the engi neer will grant a severe weather day for each confirmed adverse weather day that exceeds the number of anticipated adverse weather days 108.10.2.2(1) shows. When the contractor requests s evere weather days, the engineer will give the contractor a monthly written statement showing the num ber of days credited for sever e weather. At the end of the project, the engineer will extend time on calendar day and completion date contracts for the cumulative number of severe weather days credited each month.
108.10.3 Excusable Compensable Delays
1.Compensable delays are excus able delays due to the department’ s actions or lack of actions, or determined by judicial proceeding to be the department’s sole r esponsibility. The engineer will grant a time extension for a compensable delay if the conditions specified in 108.10.1 are met.
2.The following are compensable delays:
1.A contract change for revised work as specified for extra w ork under 104.2.2.1, for a differing site condition under 104.2.2.2, or for significant changes in the character of the work under 104.2.2.4 .
2.A contract change for an engineer-ordered suspension under 104.2.2.3 .
3.The unexpected discovery of human remains, an archaeologica l find, or historical find consistent with
107.25 .
4.The unexpected discovery of a hazardous substance consisten t with 107.24 .
5.The non-completion of work that utilities or other third parties perform, if the contra ct specifies a number of days or a completion date for that utility or third-party work. For delays covered under Trans 220 of the Wisconsin administrative code, t he contractor must seek recover y of delay costs from the utility.
3.For a compensable delay or a time extension, the department wi ll relieve the contractor from associated liquidated damages under 108.11, and will pay the contractor for delay costs determined as follows:
1.Adjust the contract p rice as specified in 109.4.2 through 109.4.5 for delays under item 1 of 108.10.3(2) .
2.Adjust the contract p rice as specified in 109.4.7 for delays under items 2 through 5 of 108.10.3(2) .
108.11 Liquidated Damages
1.If the contractor does not compl ete the work within the contract time or within the extra time allowed under engineer-granted time extensions, the department will assess liquidated damages. The department will deduct a specified sum from payments due the contractor for every calendar day on calendar day contracts and complet ion date contracts, or for ev ery working day on working day contracts, that the work remains uncompleted. Revise 108.11(2) & (3) to clarify that the standard liquidated damages amounts are for engineering and supervision and represent only a fraction of the costs typically assessed for interim liquidated damages. This change was implemented in ASP 6 effective with the December 2017 letting.
2.This deducted sum is not a penalty but is a fixed, agreed, liq uidated damage due the department from the contractor for the added cost of engineering and supervision resulting from the contractor’s failure to complete the work within the contract time.
3.Unless enhanced in the special provisions , the department will assess the following daily liquidated damages Effective with the December 2018 Letting 59 2019 Standard Speci fications LIQUIDATED DAMAGES ORIGINAL CONTRACT AMOUNT DAILY CHARGE FROM MORE THAN TO AND INCLUDI NG CALENDAR DAY WORKING DAY $0 $250,000 $850 $1700 $250,000 $500,000 $815 $1630 $500,000 $1,000,000 $1250 $2500 $1,000,000 $2,000,000 $1540 $3080 $2,000,000 ___ $2070 $4140
4.If the engineer allows the contractor to continue and finish the work or any part of i t after the contract time expires, the department waive s no rights under the contrac t.
108.12 Terminating the Contract for Default
1.The engineer, after giving writt en notice to the contractor an d the contractor’s s urety, may take the prosecution of the work out o f the hands of the contractor or the contractor’s surety, or both, for one or more breach of the contract the contractor commits, as follows:
1.Failing to begin the work un der the contract within the time specified.
2.Failing to perform the work with sufficient workers, equipm ent, or materials to compl ete the work within the specified time.
3.Failing to complete the cont ract within the contract time s pecified, as extended by the engineer.
4.Performing the wo rk unsuitably, or not obeying an engineer directive to remove and replace or otherwise correct unacceptable work.
5.Discontinuing the prosecutio n of the work before completion without the engineer’s permission.
6.Failing to resume work that the engineer disc ontinued within a reasonable time a fter notice to do so.
7.Insolvency or bankruptcy, or committing an act of bankruptc y or insolvency.
8.Allowing a final judgment against the contractor to stand u nsatisfied for a period of 48 hours.
9.Making an assignment for the benefit of creditors. 10. Failing to comply with the provisions of the contract relative to hours of labor, wages, equal opportunity, character and classification of workers employed.
11.Failing to acquire or maintain the required insurance.
12.Failing to carry on the work in an acceptable manner.
2.The engineer will give the contra ctor and the contractor’s surety written notice specifying the delay, neglect, or default and the action required. If the contractor or the contractor’s suret y, within a period of 10 calendar days after that not ice, fails to proceed satisfactorily in compliance therewith, the department then has fu ll power and authority to take the work out of the hands of the contractor or the contractor’s surety, or both; to use all suitable materials and equipment on the proj ect; or to enter into contract, or use other methods that the department requires to complete the work.
3.If the department takes over the in complete work under 108.12, the department will deduct all additional costs and damages and the costs and charges of compl eting the work unde r contract from payments due the contractor. If the total of those damages, costs, and charges is less than the sum that would have been payable under the contract if the contract or had completed the work, then the contractor is entitled to receive the difference subject to all claims for liens thereon that may be filed with the department. If that total exceeds the sum that would h ave been payable under the contract, the department will consider the c ontractor and the contractor’ s surety liable, and the contractor and the contractor’s surety shal l pay to the department the amount of that excess.
4.The department will not relieve t he contractor and the contrac tor’s surety of the liability for the assessment of liquidated damages under 108.11 because of the contractor’s default.
5.The rights and remedies of the department are in addition to a ll other rights and remedies provided by law or under the contract and the bonds.
6.If, after the engineer gives not ice of default as specified in 108.12(1) , it is determined that the contractor was not in defaul t, the rights and obligations of th e parties are the same as if the notice of termination had been issued as specified in 108.13 .
7.If a court finds the department’s default of the contractor un der 108.12 to be legally improper, the department will treat the contrac t as if the department had ter minated the contractor for convenience as specified in 108.13 . The department will pay the c ontractor as specified in 108.13. Effective with the December 2018 Letting 60 2019 Standard Speci fications 108.13 Terminating the Contract f or Convenience of the Departm ent
1.The department may terminate t he contract or any part of the contract for reasons beyond the control of the department or contractor a fter determining that terminat ion is in the department’s or the public interest. Reasons for terminati on include, but are not limited to, one or more of the following:
1.A national emergency that cre ates a shortage of materials, labor, or equipment by: reason of war conditions involving the United States; reason of orders of the federal government or its duly authorized agencies; or executiv e orders with respect to prosecution of wa r or national defense.
2.Orders from duly constituted authorities rela ting to energy conservation.
3.An injunction or restraining order obtained by a citizen’s action alleging violation s of 42 U.S.C. 4331-4332, 23 U.S.C. 138, or public law 91-646.
2.The department will deliver to the contractor a termination notice specifying the extent of termination and the effective date.
3.Upon receipt of a termination notice, do not proceed with the affected bid items unless directed to do so in that notice. Complete all bid items specified in the term ination notice. That w ork includes punch list items and all work necessary to ensure the safety of the p ublic, to properly secure work already constructed or partially constru cted, and to secure the project site. Perform this work, which may include bid items not in the original contract, the contract sp ecifies. The contract is sufficiently complete upon completion and acceptance of all bid items specif ied in the termination notice, except punch list items. After completi on of the punch list items and all contract-required documents, the department will terminate the cont ract by issuing a final certificate and payment. The department reserves the right to declare in default a contractor who does not carry out the conditions of a termination for convenience.
4.If the department orders terminat ion of the contract for conve nience, the department will pay for all completed work as of that date at the contract price. The department will pay for partially completed work at agreed prices or by forc e account methods specified in 109.4.5 provided, however, that payment does not exceed the cont ract price for the bid item und er which the work w as performed. The department will pay for work elimi nated by the termination only to the extent provided under 109.5 . The department will pay for new work, if any, at agreed prices or paid for by force account methods specified in 109.4.5 .
5.The department may allow the cont ractor to purchase materials that the department obtained for the work but that have not been inco rporated into the work at actua l cost delivered to a designated location or otherwise disposed of as mutually agreed.
6.The department may, at the departm ent’s option, purchase unuse d materials that the contractor has obtained and that the department has inspected, tested, and accepted, at the points of delivery as the department designates and at a cost shown by receipted bills or other proper evidence.
7.If the engineer directs, the contractor shall promptly remove equipment and supplies from the project site or other department proper ty. If the contractor does not r emove the equipment and supplies as directed, the engineer m ay do so at the cont ractor's expense.
8.Within 60 calendar days of the e ffective termination date, sub mit claims for additional costs actually incurred. Do not include claims for loss of anticipated profits on work not performed. The contractor may claim one or more of the following:
1.Costs for reasonable idle equipment time or mobilization ef forts.
2.Bidding and project investigative costs.
3.Overhead expenses attributable to the terminated project.
4.Subcontractor costs not otherwise paid for.
5.Actual idle labor cost if work is stopped before the termination date.
6.Guaranteed payments for private land usage as part of the o riginal contract.
9.Make cost records available to the department to the extent ne cessary to determine the validity and amount of each item claimed.
10.The department will not relieve t he contractor of contractual responsibilities for the work completed. The department does not relieve t he contractor’s surety of its obligations for and concerning a just claim arising from work perfor med due to a termination of the c ontract.
108.14 Terminating the Contractor's Responsibility
1.The contractor's responsibilities are terminated, except as set forth in the contract bond and specified in 107.16 , when the department grants final acceptance as specified in 105.11.2.3 . Effective with the December 2018 Letting 61 2019 Standard Speci fications Section 109 Measurement and Payment 109.1 Measurement of Quantities 109.1.1 General 109.1.1.1 Bid Items Not Design ated as Pay Plan Quantity
1.The engineer will use the US st andard system to measure all wo rk completed under the contract. The engineer will determine quantities of materials the contractor furnishes and work the contractor performs using measurement methods and computations conforming to standard engineering practice, modified to meet department requirements. The engineer will doc ument these measurements using department procedures.
2.The engineer will measure the wo rk as the contract measurement subsection for individual items specifies. The department will meas ure the actual quantities of work the contractor acceptably completes and make final payment based on those actual measured quantities except as follows:
1.If the measurement subsection for a bid item specifically r estricts the quantity measured for payment or allows for use of conversion factors.
2.If the engineer executes a contract change order modifying the method of measurement for specific bid items, the engineer will measure the quantities of applicable bid items for payment using the change order methods.
3.If the engineer, under 105.3.1(2) , approves a contractor-request ed plan dimension change between US standard and SI metric dimensions, the engin eer will measure wh ichever of the following is less: - Actual quantities constructed. - Quantities derived from the original plan dimensions.
4.For substitutions made under 106.2.3 between US standard and SI metric products, the engineer will measure the actual quantities o f the substitute products using the original contrac t measuring system. 109.1.1.2 Bid Items Designated as Pay Plan Quantity 109.1.1.2.1 General
1.If the schedule of items designa tes a bid item with a **P** in the item description, the department will use the plan quantity, the approx imate quantity the schedule of items shows, for payment unless one or both of the following occurs: - Scope changes regardl ess of the magnitude of the revised work . - Errors and omissions tha t affect the plan quantity. 109.1.1.2.2 Scope Changes
1.For engineer-directed quantity increases, the engineer will is sue a contract change order for extra work, establish the cost of the added work as specified in 109.4 , and measure the revised work. For engineer-directed quant ity decreases, the engi neer will issue a contract change order to adjust the plan quantity under the designated bid item. 109.1.1.2.3 Errors and Omissions
1.The engineer may issue a change order under 105.4(5) to adjust the plan quantity for an error or omission and may revise the cont ract unit price as specified in 109.4 . 109.1.2 Area
1.If the contract designates payment for a measured area, the en gineer will measure the length and width of the area actually constructed within engineer-designated limits, or the final dimensions measured along the surface of t he completed work within the neat lines the plans show or the engineer designates. The engineer will use the method or combination of methods of measurement that reflect, with r easonable accuracy, the actual surface area of the finished work as the engineer determines.
2.If the contract allows, the engine er may weigh or determine a volume and convert to area for payment. The engineer will determine the we ight-to-area or volume-to-are a conversion factors. The engineer and contractor must agree on the co nversion factor before the engineer converts a pay quantity. 109.1.3 Volume
1.For material specified for measurement by volume in the vehicle, haul the material in engineer- approved vehicles. Ensure that the vehicle body type allows for ready and accurate measurement of the contents.
2.The engineer will determine the appr oved capacity of vehicles to the nearest 1/10 cubic yard. Unless all department-approved vehicles on a job have the same capacit y, mark each vehicle with a plainly
Source: Wisconsin Standard Specifications for Highway and Structure Construction, 2019 Edition. Pages 58–69 of 601.