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<br />and equipment. Deficient work shall be removed,
<br />repaired, or replaced to conform with the specified
<br />quality by and at the Contractor's expense. No
<br />increase will be made in the basis of payment for the
<br />construction items involved nor in contract time
<br />when a change in methods or equipment is
<br />authorized.
<br />
<br />108.06 Determination and Extension of
<br />Contract Time. The number of working days,
<br />calendar days, or contract completion time allowed
<br />for the completion of the work is determined by the
<br />Division. It will be stated in the Contract, and will be
<br />known as the "Contract Time."
<br />When the Contract time is on a working day basis,
<br />the Engineer will fumish the Contractor a weekly
<br />statement showing the number of days charged to
<br />the Contract for the preceding week and the number
<br />of days remaining for completion of the Contract.
<br />When the Contract completion time is a fixed
<br />calendar date, it shall be the date on which all work
<br />on the project shall be completed.
<br />When the contract time is on a calendar day basis,
<br />it shall consist of the number of calendar days
<br />specified in the Contract, counting from the effective
<br />date on the notice to proceed, including all
<br />Saturdays, Sundays, and holidays. All calendar
<br />days elapsing between the dates to suspend work
<br />and to resume work shall be excluded.
<br />If the Contractor finds it impossible to complete
<br />the work within the Contract Time he shall, submit
<br />to the Engineer a written request for an extension of
<br />time or a correction in the weekly statement. The
<br />written request shall be submitted within 30 working
<br />days after receipt of the weekly state.ment and the
<br />Contractor shall set forth in detail the reasons the
<br />Contractor believes the statement is incorrect or the
<br />contract time should be extended. The Contractor's
<br />plea that insufficient time was specified is not a valid
<br />reason for extension of time. If the Engineer deter-:
<br />mines that delays resulted from of conditions beyond
<br />the control and fault of the Contractor, the time for
<br />completion may be extended by the amount of time
<br />supported by justification. The extended time for
<br />completion shall be in force and effect as though it
<br />were the original contract time.
<br />One whole day will be assessed for each working
<br />day on which the work can be effectively prosecuted
<br />during six hours or more of the Contractor's daily
<br />working schedule. One-half day will be assessed for.
<br />each working day on which the work can be effec-
<br />tively prosecuted for at least two hours but not more
<br />than six hours of the day. Time will not be charged.
<br />for less than two hours.
<br />A one-half working day charge may be made on
<br />those days when conditions beyond the control of
<br />and unknown to the Contractor at the time of
<br />bidding make it impossible to prosecute the work
<br />with full, normal efficiency.
<br />
<br />The Contractor shall not carry on construction
<br />operations on Saturdays, Sundays, or holidays
<br />unless previously arranged, except for prewetting,
<br />making emergency repairs, and providing proper
<br />protection of the work and traveling public.
<br />Saturdays, Sundays and holidays will be counted as
<br />working days when the Contractor utilizes such days
<br />for construction work.
<br />Time will not be charged during the months of
<br />December, January, February or March, unless
<br />otherwise stipulated in the Contract. This time is
<br />defined as free time and work may continue if
<br />conditions permit.
<br />Delays in delivery of materials or fabrication
<br />scheduling resulting from late ordering, financial
<br />considerations, or other causes which could have
<br />been foreseen and prevented, will be considered
<br />within the Contractor's cQntrol. Each working day
<br />for such delay will be considered one day of time
<br />count. However, construction delays caused by delay
<br />in delivery of materials, due to some unusual market
<br />condition caused by industry-wide strike, national
<br />disaster, area-wide shortage, or other reasons
<br />beyond the control of the Contractor, will be con-
<br />sidered a basis for adjustment of time charges, if
<br />substantiated by written justifications from the
<br />Contractor.
<br />When final acceptance has been made by the
<br />Engineer as prescribed in subsection 105.16, the
<br />daily time charge will cease.
<br />
<br />
<br />108.07 Failure to Complete Work on Time.
<br />A daily charge will be made against the Contractor
<br />for each working day, or calendar day including free
<br />time, that any work remains uncompleted after the
<br />elapse of contract time. This daily charge, will be
<br />deducted from any money due the Contractor. This
<br />deduction will not be considered a penalty but as
<br />liquidated damages.
<br />The schedule of liquidated damages setforth below
<br />is an amount, agreed to by the Contractor and the
<br />Division, as reasonably representing additional
<br />construction engineering costs incurred by the
<br />Division if the Contractor fails to complete per-
<br />formance within the contract time.
<br />The schedule ofliquidated damages will be:
<br />Original Contract Amount Daily Charge
<br />From To and
<br />More than Including
<br />$ 0 $ 25,000 $ 270
<br />25,000 50.000 465
<br />50,000 100,000 540
<br />100,000 500,000 950
<br />500,000 1,000,000 1,250
<br />1,000,000 2,000,000 1,400
<br />2,000,000 4,000,000 1,750
<br />4,000,000 8,000,000 1,970
<br />8,000,000 10,000,000 2,050
<br />Over $10,000,000 - daily charge will increase by
<br />$100incremente for each $2,000,000 over $10,000,000.
<br />
<br />30
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