Section 4: Contract Time

Computation of Contract Time

In accordance with Article 8.3.1, “Working Day Charges”, of the Standard Specifications
, assume time is to be charged based upon the standard workweek method unless otherwise specified in the contract (General Notes, and Item 8, “Prosecution and Progress” of the Standard Specification
). Other possible methods include the following.

Five-day workweek

Six-day workweek

Seven-day workweek

Calendar day

Other (working days to be charged as shown on the plans)

Do not suspend working day charges without suspending work, wholly or in part.

Do not suspend working day charges or grant additional contract working days for activities relating to handling hazardous material delivered by the Contractor.

Consider adjusting the number of contract working days by change order under extraordinary circumstances. When reducing scope on a project, reduction in working days may be discussed.

Work on Sundays must be requested for all projects except calendar-day and seven-day workweek projects.

For standard workweek contracts, do not allow the Contractor to perform work on national or state holidays unless requested in writing. Email is acceptable. State Holidays authorized by State Legislature are Martin Luther King, Jr. Day, Confederate Heroes Day, Presidents’ Day, Texas Independence Day, San Jacinto Day, Emancipation Day, LBJ Day, Veterans Day, Day After Thanksgiving, Christmas Eve and Christmas Day (per 2024 Spec only). Provide written authorization to the Contractor if work will be allowed on a state holiday.

For five-, six- or, seven-day workweek contracts, do not allow the Contractor to perform work on national holidays unless requested in writing. Email is acceptable. Refer to Article 1.3, “Definitions”, of the Standard Specifications
. Provide written authorization to the Contractor if work will be allowed on a national holiday.

Holiday Periods Best Practices

There should not be any planned lane closures during the holiday travel period, except in unique situations with the district’s prior approval. As related to closures, the term “Holiday” includes:

periods of increased travel on the state highway system, including major state and federal holidays and school holidays, and

other periods of high commercial activity in the state, including limited periods in which certain items are exempted from the sales tax (“sales tax holidays”).

These dates will be included in the contract in accordance with Texas Transportation Code
§224.034
, “Highway Closures During Certain Periods”, and as otherwise directed. Items listed in this section may not apply to every project. Engineering judgement and experience will be required to provide the appropriate applications based on project location.

Two Weeks Out

Communicate the dates that the Department will NOT be allowing lane closures, to allow the Contractor to plan work appropriately.

Obtain Contractor call-out contact information for the holiday period. (Ask if the Contractor will be patrolling the work zone corridor during the holiday period.)

Identify District personnel on call for incident response and other crew members available for call out during the holiday period.

Determine the appropriate contact information to provide to maintenance supervisors for construction projects or incidents during the holiday period.

Assign and schedule crews for final drive-through of major projects and corridors for issues that need to be addressed prior to the holiday period.

Check construction detours for pavements in need of repair.

One Week Out

Check roadways (particularly work zones) for debris, including shredded tires.

Verify that work zone signage and pavement markings are in place and clean. Any signage, markings, barricades, and drums that are damaged or no longer reflective should be removed and replaced, if needed.

Drive through detours for inspection of pavements, barriers, attenuators, and traffic control devices.

Ensure Contractor prepare equipment for incident response and have staged and fueled in appropriate yard.

During the Period

Notify the Communications Division and appropriate administration if any emergency closures will take place during the holiday period.

Park equipment in a safe, secure location and, where feasible, take into reasonable account the potential of errant vehicles that may leave the travel way.

Temporary Suspension of Work or Working Day Charges

Per Article 8.4, “The Engineer may suspend the work, wholly or in part, and will provide notice and reasons for the suspension in writing. Suspend and resume work only as directed in writing” of the Standard Specifications
. Refer to
CST Training and Development webpage
for additional guidance and
Form 2807
“Temporary Suspension of Work or Working Days Charges” (internal access only).

Reasons for Temporary Suspension of Work

Work may be suspended for the following reasons (time charges may still apply):

failure to comply with the contract.

failure to keep insurance coverage in force as provided in Section 3.4.3, “Insurance”, of the Standard Specifications

failure to provide workers or equipment as provided in Article 4.1, “Contract Intent”, of the Standard Specifications
.

failure to provide a contract Superintendent on the project, or failure to provide a Superintendent that meets the criteria set forth under Article 5.5, “Cooperation of Contractor”, of the Standard Specifications
.

prior to default, for investigation of apparent fraud or other unfixable conduct, as provided in Article 8.7, “Default of Contract”, of the Standard Specifications.

unsuitable weather or soil conditions

unusual conditions that affect the work and are not usually associated with highway construction.

conditions that threaten the safety of the workers, public, and nearby property.

Reasons for Temporary Suspension of Working Day Charges

When part of the work is suspended, the Engineer may suspend working day charges only when conditions not under the control of the Contractor prohibit the performance of critical activities. When all of the work is suspended for reasons not under the control of the Contractor, the Engineer will suspend working day charges. Examples for temporary suspension of working day charges:

safety of the traveling public and contractor due to external circumstances such as increased heavy holiday traffic

in preparation for hazardous weather conditions for safety purposes at Engineers direction

performance or vegetative establishment periods where no critical path activities are performed

at the Area Engineer's discretion for flexible start dates for projects.

A contractor cannot be placed under a time suspension of working day charges to complete critical path activities whether added by change order or originally included in the project. In addition, reasons within the contractor's control do not constitute a suspension of working day charges. Work not requiring an inspector to be present or no need for traffic control is not a reason for time suspension. However, it may be a reason for not charging a working day per Item 8, “Prosecution and Progress”, of the Standard Specifications
.