§108-03 FAILURE TO COMPLETE WORK ON TIME

June 2016 New York State Department of Transportation Page 1 Contract Administration Manual

I. GENERAL Contract time is an essential element of the contract and it is important that the work be completed by the scheduled completion date. II. EXTENSION OF TIME WITHOUT ENGINEERING CHARGES A time extension without Engineering Charges should be considered in those situations which were beyond the contemplation of a Contractor at the time of the bid and the Contractor does not complete the work by the contract completion date. A time extension without Engineering Charges is appropriate if extra work or changes cannot be done concurrently with other work included in the contract, and affects the progress schedule. A time extension without Engineering Charges for time lost due to circumstances listed in §108-04 Delay Provisions should take into consideration the net effect of the length of delay, the Contractor's use of available time and work, and the point in the construction season at which the delay occurred (extension may need to go into another season). Compensation for delay costs due to these circumstances may be justified. III. EXTENSION OF TIME WITH ENGINEERING CHARGES A time extension with Engineering Charges should be considered in those situations which were within the contemplation of a Contractor at the time of the bid and the Contractor does not complete the work by the contract completion date. A time extension with Engineering Charges is appropriate if extra work or changes can reasonably be done concurrently with other work included in the original contract, and do not affect the progress schedule. A time extension with Engineering Charges assesses the Contractor the costs to conduct inspection except for those costs which would be required regardless of completion date. Engineering charges include the costs for Department or consultant personnel performing direct inspection tasks. The costs include salary for EIC, Office Engineer and Inspectors, and directly related travel expenses. It does not include time for contract closeout and other activities not directly related to the work which was not completed on time. Use Engineering Charges Summary Sheet (See Exhibit 108-03A) to compute the Engineering Charges. Charges include State forces as well as consultant forces if they are performing inspection tasks. Deduct Engineering Charges as charges from contract payments via contract item 696.01 Engineering Charges as they accrue. IV. ASSESSMENT OF LIQUIDATED DAMAGES Liquidated Damages are assessed to compensate the public for road user costs, loss of use of the facility and public inconvenience. Liquidated Damages may be assessed for each calendar day that work remains uncompleted after the contract completion date. Liquidated Damages cannot be assessed for environmental issues or violations, or any issues that do not impact the traveling public, as the damages are premised on road user costs. If any extension of the completion date is approved with Engineering Charges, Liquidated Damages should also be assessed until such time as the work is "substantially complete” and safe for use by the traveling public. After Substantial Completion, consider whether the work requires a lane closure(s) or is entirely off the pavement, such as landscape work. Deduct Liquidated Damages as charges from contract payments via item 696.02 Liquidated Damages as they accrue. Except for the Regional Director's determination as to when the work is "substantially complete”, Liquidated Damages, once assessed, may not be waived without written approval from the Deputy Chief Engineer, Construction and the Regional Director's supporting recommendation. EXHIBITS A Sample Memo Request for Individual Staff Billing Rates B Contract Summary of Engineering Charges C Individual Details of Engineering Charges

§108-03 FAILURE TO COMPLETE WORK ON TIME

June 2016 New York State Department of Transportation Page 2 Contract Administration Manual

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June 2016 New York State Department of Transportation Exhibit 108-03A Contract Administration Manual

TO: Director, Accounting Bureau, Pod 52 FROM: [Name], Regional Construction Engineer [or Engineer-in-Charge] SUBJECT: REQUEST FOR PAYROLL RATES FOR ENGINEERING CHARGES D[123456] [ALBANY] COUNTY DATE: The following personnel will be involved in inspection tasks for the above contract, for which the Contractor will be assessed Engineering Charges. Please provide the hourly straight and overtime rates for these individuals, as well as the hourly rates including the current OSC Indirect Multiplier, so that the correct amount for Engineering Charges can be calculated and charged to the Contractor. Payroll OSC Straight Overtime Straight Overtime Name Title Rate Rate Rate Rate Bob Inspector Senior Engineering Technician Michelle Smith Principle Engineering Technician Iam InCharge Civil Engineer 1

June 2016 New York State Department of Transportation Exhibit 108-03B Contract Administration Manual

June 2016 New York State Department of Transportation Exhibit 108-03C Contract Administration Manual

June 2016 New York State Department of Transportation Contract Administration Manual

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