2010 Construction and Material Specifications - Ohio Department of ...

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108.06
request in writing to the Engineer within 30 days following the termination of the
delay, and provides the required analysis as specified in 108.02.B.4. The Engineer
will evaluate the Contractor’s analysis and determine the time extension due, if
any. The Engineer will measure all time extensions in Calendar Days. For delays
measured in Workdays, the Engineer will convert Workdays to Calendar Days by
multiplying by 1.4 for a 5-day work week or less; 1.2 for a 6-day work week; and
1 for a 7-day work week; and extend the Completion Date by the resulting number
of Calendar Days plus any holidays the Contractor does not normally work that
occur in the extension period. When the conversion of Workdays to Calendar
Days results in a decimal of 0.5 or greater, the Engineer will round the number of
Calendar Days to the next highest whole number. When the conversion results in
a decimal less than 0.5, the Engineer will delete the decimal portion of the
Calendar Days.
The Engineer will not grant an extension of time for delays incurred from
December 1 to April 30 unless the Contractor’s accepted progress schedule depicts
work on the critical path occurring during this period.
The Engineer may order the Contractor to continue Work after November 30
and compensate the Contractor for costs incurred due to cold weather Work.
The Contractor’s plea that insufficient time was specified is not a valid
reason for an extension of time.
The Department will relieve the Contractor from associated liquidated
damages, as specified in 108.07, if the Engineer extends the Completion Date
under 108.06.A.
The extended Completion Date shall then have the same standing and effect
as though it was the original Completion Date.
If the Contractor contends that an excusable delay is also compensable, as
specified in 108.06.D, submit a detailed cost analysis of the requested additional
compensation along with the request for extension of Completion Date.
B. Excusable, Non-Compensable Delays. Excusable, non-compensable delays
are delays that are not the Contractor’s or the Department’s fault or responsibility.
The Engineer will not grant additional payment for excusable, non-compensable
delays.
The following are excusable, non-compensable delays:
1. Delays due to floods, tornadoes, lightning strikes, earthquakes, or other
cataclysmic phenomena of nature.
2. Delays due to weather as specified in 108.06.C.
3. Extraordinary delays in material deliveries the Contractor or its
suppliers cannot foresee or avoid resulting from freight embargoes, government
acts, or area-wide material shortages. Delays due to the Contractor’s,
subcontractor’s, or supplier’s insolvency or mismanagement are not excusable.
4. Delays due to civil disturbances.
5. Delays from fires or epidemics.