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SECTION 8

PROSECUTION AND PROGRESS

No contract adjustment will be allowed under the provisions specified in

this section to the extent that performance would have been suspended or

delayed by any other cause, or for which an adjustment is provided for or

excluded under any term or condition of this contract.

Any contract adjustment warranted due to suspension of work ordered by

the Engineer will be made in the same manner as provided for right of way

delays in Section 8-1.09, "Right of Way Delays."

• In the event of a suspension of work under any of the conditions set forth in

this Section 8-1.05, the suspension of work shall not relieve the Contractor of the

responsibilities as set forth in Section 7, "Legal Relations and Responsibility."

8-1.06 TIME OF COMPLETION

• The Contractor shall complete all or any designated portion of the work called

for under the contract in all parts and requirements within the time set forth in the

special provisions.

• A working day is defined as any day, except as follows:

(a) Saturdays, Sundays and legal holidays;

(b) Days on which the Contractor is prevented by inclement weather or

conditions resulting immediately therefrom adverse to the current

controlling operation or operations, as determined by the Engineer, from

proceeding with at least 75 percent of the normal labor and equipment

force engaged on that operation or operations for at least 60 percent of the

total daily time being currently spent on the controlling operation or

operations; or

"Maintaining Traffic" of the special provisions, from working on the

controlling operation or operations for at least 60 percent of the total daily

time being currently spent on the controlling operation or operations.

• Should the Contractor prepare to begin work at the regular starting time of any

day on which inclement weather, or the conditions resulting from the weather, or

the condition of the work, prevents the work from beginning at the usual starting

time and the crew is dismissed as a result thereof and the Contractor does not

proceed with at least 75 percent of the normal labor and equipment force engaged

in the current controlling operation or operations for at least 60 percent of the total

daily time being currently spent on the controlling operation or operations, the

Contractor will not be charged for a working day whether or not conditions should

change thereafter during that day and the major portion of the day could be

considered to be suitable for those construction operations.

• The current controlling operation or operations is to be construed to include

any feature of the work (e.g., an operation or activity, or a settlement or curing

period) considered at the time by the Engineer and the Contractor, which, if

delayed or prolonged, will delay the time of completion of the contract.

• Determination that a day is a non-working day by reason of inclement weather

or conditions resulting immediately therefrom, shall be made by the Engineer. The

Contractor will be allowed 15 days from the issuance of the weekly statement of

working days in which to file a written protest setting forth in what respects the

Contractor differs from the Engineer; otherwise, the decision of the Engineer shall

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