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(b) Working Days. When the contract specifies working days, time will be assessed, beginning on the eleventh calendar day following the Work Order, for each day on which weather, the condition of the ground, and the condition of the materials being used are such that the Contractor could employ 60% of their normal forces and equipment to prosecute the work required at that time. The Resident Engineer shall make the determination of whether 60% of the Contractor's forces and equipment could or could not be gainfully working each day and record this determination on the written diary form. If the Contractor elects to perform Saturday work which requires inspection, the assessment of time will be determined in the same manner as for any other day of the week.

Working days will not be assessed when conditions exist beyond the control and without the fault of the Contractor that prevent the utilization of forces and equipment. For the purpose of assessment of working days, inaccessibility to a portion of the work due to utility conflict or utility work may be considered if the utility has exceeded the time specified in the contract for the relocation. Again, the 60% rule applies - if the contractor is still able to employ 60% of their normal forces and equipment despite the utility work, time should be charged.

The Resident Engineer must review the time charges prior to the Authorization of the SiteManager Daily Work Reports or typing of the official diary and make any revisions deemed justified, as applicable. No further changes in time charges will be made unless requested by memo to the Construction Engineer. Full justification for each day changed must be provided by the Resident Engineer in this memo. If approved, the original memo (with appropriate notations from the Construction

Engineer) shall be returned to the Resident Engineer for inclusion in records or original typed Diary file. This shall serve as documentation for in time charges and - in the case of SiteManager use - shall be referenced Adjustment Window.

the project the change in its Diary

At the end of each estimate period, the Resident Engineer will send a letter to the Contractor (as described in section f below) showing each working day charged during the estimate period. The Contractor has ten calendar days after receipt of the letter to dispute any day charged. Such disputes should be handled in accordance with Subsection 105.01 of the Standard Specifications.

The rate of progress and extensions of time due to overruns will be based on the contract time. The diary and current estimates should show the number of days charged as a ratio to the contract time.

(c) Partial Work Order. When time is computed under a Partial Work Order, fractional days will be carried on the diary until the Full Work Order is issued. At that time, any accumulated fraction of a day will be dropped. On current estimates, the days charged should be shown as a whole number by dropping any accumulated fraction. However, the fraction should continue to be carried on the diary until a full Work Order.

(d) Determination of Contract Completion. The Resident Engineer shall determine the date upon which the contract is substantially complete (normally when all pay items are generally complete), and note this date in the diary. After this date, no

Page 100-95

Rev. 12-14-04

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