SECTION 8
PROSECUTION AND PROGRESS
82
amount that the Engineer may find to be a fair and reasonable compensation for
that part of the Contractor's actual loss, that, in the opinion of the Engineer, was
unavoidable, determined as follows:
Compensation for idle time of equipment will be determined in the same
manner as determinations are made for equipment used in the performance of
extra work paid for on a force account basis, as provided in Section
9-1.03A(3), "Equipment Rental," with the following exceptions:
(1) The right of way delay factor for each classification of equipment shown
in the Department of Transportation publication entitled Labor Surcharge
And Equipment Rental Rates, which is a part of the contract, will be
applied to that equipment rental rate.
(2) The time for which the compensation will be paid will be the actual
normal working time during which the delay condition exists, but in no
case will exceed 8 hours in any one day.
(3) The days for which compensation will be paid will be the calendar days,
excluding Saturdays, Sundays and legal holidays, during the existence of
the delay, except that when rental of equipment is paid for under the
provisions in Section 9-1.03A (3b), "Equipment not on the Work," no
payment will be made for right of way delays in conformance with the
provisions in this Section 8-1.09.
Actual loss shall be understood to include no items of expense other than
idle time of equipment and necessary payments for idle time of workers, cost
of extra moving of equipment and cost of longer hauls. Compensation for idle
time of equipment will be determined as provided in this Section 8-1.09 and
compensation for idle time of workers will be determined as provided in
Section 9-1.03A(1), "Labor," and no markup will be added in either case for
overhead and profit. The cost of extra moving of equipment and the cost of
longer hauls will be paid for as extra work as provided in Section 4-1.03D.
If performance of the Contractor's work is delayed as the result of the
failure of the Department to acquire or clear right of way, an extension of time
determined pursuant to the provisions in Section 8-1.07, "Liquidated
Damages," will be granted.
8-1.10 UTILITY AND NON-HIGHWAY FACILITIES
• Attention is directed to Section 7-1.11, "Preservation of Property," and Section
7-1.12, "Indemnification and Insurance." The Contractor shall protect from
damage utility and other non-highway facilities that are to remain in place, be
installed, relocated or otherwise rearranged.
• It is anticipated that some or all of the utility and other non-highway facilities,
both above ground and below ground, that are required to be rearranged (as used
herein, rearrangement includes installation, relocation, alteration or removal) as a
part of the highway improvement will be rearranged in advance of construction
operations. Where it is not anticipated that the rearrangement will be performed
prior to construction, or where the rearrangement must be coordinated with the
Contractor's construction operations, the existing facilities that are to be rearranged
will be indicated on the plans or in the special provisions. Where a rearrangement



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