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performance shall be increased on a basis commensurate with the amount and difficulty of the added work.
If the Contractor finds it impossible for reasons beyond his control to complete the work within the contract time as specified or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the contract time as extended, make a written request to the Engineer for an extension of time setting forth therein the reasons which he believes will justify the granting of his request. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in such amount as the conditions justify. The extended time for completion shall then be in full force and effect the same as though it were the original time for completion.
When the work is completed or accepted the daily time charge will cease.
108.07 Failure to Complete Work Within Contract Time. Pursuant to the general provisions of the contract, liquidated damages will be charged for each calendar day of delay until the work is completed. The total amount of such liquidated damages will be calculated from the daily charges given in the following table. Daily charge for liquidated damages for each calendar day
To and charge
500,000 500,000 1,000,000 1,000,000 2,000,000
2,000,000 108.08 Termination for Default-Damages For DelayTime Extensions. The following clause of SF-23A applies and shall prevail in event of any conflict in contract provisions. 5. Termination for Default-Damages for Delay—Time
Extensions : (a) If the Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will insure its completion within the time specified in the contract, or any extension thereof, or fails to complete said work within such time, the Government may, be
$50 100 150 250 350 400 500
written notice to the Contractor, terminate his right to proceed with the work or such part of the work as to which there has been delay. In such event the Government may take over the work and prosecute the same to completion, by contract or otherwise, and may take possession of and utilize in completing the work such materials, appliances, and plant as may be on the site of the work and necessary therefor. Whether or not the Contractor's right to proceed with the work is terminated, he and his sureties shall be liable for any damage to the Government resulting from his refusal or failure to complete the work within the specified time.
(6) If fixed and agreed liquidated damages are provided in the contract and if the Government so terminates the Contractor's right to proceed, the resulting damage will consist of such liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work.
(c) If fixed and agreed liquidated damages are provided in the contract and if the Government does not so terminate the Contractor's right to proceed, the resulting damage will consist of such liquidated damages until the work is completed or accepted.
(d) The Contractor's right to proceed shall not be so terminated nor the Contractor charged with resulting damage if:
(1) The delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, acts of the public enemy, acts of the Government in either its sovereign or contractual capacity, acts of another contractor in the performance of a contract with the Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and such subcontractor or suppliers; and
(2) The Contractor, within 10 days from the beginning of any such delay (unless the Contracting Officer grants a further period of time before the date of final payment under the contract), notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in his judgment, the findings of fact
justify such an extension, and his findings of fact shall be final and conclusive on the parties, subject only to appeal as provided in these general provisions.
(e) If, after notice of termination of the Contractor's right to proceed under the provisions of this clause it is determined for any reason that the Contractor was not in default under the provisions of this clause or that the delay was excusable under the provisions of this clause the rights and obligations of the parties shall, if the contract contains a clause providing for termination for convenience of the Government, be the same as if the notice of termination had been issued pursuant to such clause. If, in the foregoing circumstances, the contract does not contain a clause providing for termination for convenience of the Government, the contract shall be equitably adjusted to compensate for such termination and the contract modified accordingly; failure to agree to any such adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled “Disputes”.
(f) The rights and remedies of the Government provided in this clause are in addition to any other rights and remedies provided by law or under the contract.
108.09 Suspension of Work. The following clause of SF23A applies and shall prevail in event of any conflict in contract provisions :
SUSPENSION OF WORK (a) The Contracting Officer may order the Contractor in writing to suspend, delay, or interrupt all or any part of the work for such period of time as he may determine to be appropriate for the convenience of the Government.
(6) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted by an act of the Contracting Officer in the administration of this contract, or by his failure to act within the time specified in this contract (or if no time is specified, within a reasonable time), and adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent (1) that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor or (2) for which an equitable adjustment is provided for or excluded under any other provision of the contract.
(c) No claim under this clause shall be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspension, delay, or interruption, but not later than the date of final payment under the contract. See also subsection 105.01.
108.10 Final Settlement of Contract. The contract will be considered complete when all work has been completed and accepted in accordance with the provisions of subsection 105.16. The date of approval by the Government of the final voucher for payment will constitute the date of final settlement of the contract. This action will not preclude consideration of any claim which the Contractor, by appropriate statement on the final voucher, has reserved the right to submit in connection with the contract.
Section 109,--MEASUREMENT AND PAYMENT
109.01 Measurement of Quantities. All work completed under the contract will be measured by the Engineer according to the United States standard measure.
A station when used as a definition or term of measurement will be 100 linear feet.
The methods of measurement and computation to be used in the determination of quantities of materials furnished and work performed under the contract will be those generally recognized as conforming to good engineering practice chosen by the Engineer.
Plan Quantity (a) When the contract specifies payment of an item or of a portion of an item on a plan quantity basis, the quantities for payment will be those shown on the plans with deductions from or additions to such quantities resulting from authorized deviations from the plans.
(b) If Contractor believes that a quantity which is specified for payment on a plan quantity basis is incorrect, he may request the Government in writing to check the questionable quantity. The request shall be accompanied by calculations, drawings, or other evidence indicating why the plan quantity is believed to be in error. If the quantity is found to be in error, payment will be made in accordance with the corrected plan quantity.
Unless otherwise specified herein or on the plans for individual construction items longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures having an area of 9 square feet or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer.
Structures will be measured according to neat lines shown on the plans or as directed to fit field conditions.
All items which are measured by the linear foot, such as pipe culverts, guardrail, underdrains, etc., will be measured parallel to the base or foundation upon which such structures are placed, unless otherwise shown on the plans.
In computing volumes of excavation the average end area method or other acceptable methods designated in the special provisions will be used.
The term "gage" when used in connection with the measurement of plates, will mean the U.S. Standard Gage, except that when reference is made to the measurements of metal sheets used in the manufacture of corrugated metal pipe, metal plate culverts and arches, and metal cribbing, then the term "gage” or thickness will mean that specified in AASHO M36, M167, M196, M197 or M219, as applicable.
When the term "gage” refers to the measurement of wire, it will mean the wire gage specified in AASHO M32.
The term "ton" will mean the short ton consisting of 2,000 pounds avoirdupois. All materials which are measured or proportioned by weight shall be weighed on accurate approved scales or other weighing device by competent, qualified personnel at locations designated by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material be paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty at least once daily unless otherwise specified and at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark.
Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein