Reviewing and Accepting the Contractor’s Schedule
Determination of a Time Extension
The purpose of this section is to discuss tools available to the Department for use in tracking the Contractor's progress and timely completion of the project.
Following the signing of a contract for a construction project, the District will contact the contractor and schedule a preconstruction meeting. On or about that time, a Project Engineer/Supervisor will be chosen by the Department for that project.
Once the Project Engineer/Supervisor is chosen, it is the responsibility of that individual or team to review all of the project documents and terms of the contract prior to the preconstruction meeting. Special attention must be paid to the following items:
· Plan Notes
· Completion Date
· Interim completion dates
· Special uses of "As Per Plan" reference items
· Proposal notes, and supplemental specifications
· Phasing requirements
· Special provisions
· Addenda
A check of the status of utility relocation (must be performed immediately as to avoid delays to the start of the project)
The purpose of the preconstruction meeting is to review the various items of work as set forth in the detailed construction plans, bid proposal, specifications and the contractor's work schedule. Those items to be discussed are the necessary utility adjustments, availability of right of way, maintenance of traffic and the Department's responsibility for the inter related activities so that all concerned might have a better understanding of the problems involved and thus be able to coordinate the project.
The rationale of employing a thorough Pre-Construction meeting is pervasive as regards claim avoidance in that it seeks to uncover problems at a time when there is the greatest flexibility available for their solution and with the least disruption to the project. It is designed to create, for all parties, an overview of the conduct of the work and flush out any misconceptions or erroneous assumptions.
Understandings reached at meetings of this nature have resulted in improved relations and coordination of the inter related activities by all concerned.
The pre con meeting really is the place to establish communication, voice and discuss intentions, discuss concerns and layout the road map and rules for the conduct of the project.
A preliminary study of the project shall be made in advance of the meeting in order that the pertinent problems involved are known.
The District Construction Engineer shall invite the following parties to the preconstruction meeting:
· Contractor
· State Personnel, including the Project Engineer/Supervisor and staff, utilities coordinator, EEO Coordinator, design engineer, traffic engineer, test engineer, public information office, county manager and all parties involved with the preparation of the plans.
· Utility companies with facilities located within the right of way, including all railroads and local park boards.
· Maintaining Agency
· Regional Transit Authority
· Parties funding project including FHWA/County/Local
At the preconstruction meeting, the project engineer must obtain a list of contacts for all parties involved with the project. This list will be useful in the future for timely resolution of problems which surface during the project construction. These contacts should also be invited to attend the progress meetings held on site once the project begins.
Items which the contractor needs for the preconstruction meetings are as follows and are listed in C&MS 108.02:
· Progress Schedule
· List of Material Sources
· List of Subcontractors
· List of Haul Roads
· Executed Contractor Signature Authorization form (CA-D-10)
An Agenda should be used at every pre-construction conference. The checklist below represents the more common items that should be included in the agenda.
Administrative requirements covered:
· Announce the appointment of the PE/PS and explain their authority.
· Material approval, inspection, and payment processes.
· Change order process including who has authority to approve and grant permission to proceed.
· Contractor evaluation process and C-95 form.
· Proposal, special provisions, and general plan notes.
Legal requirements covered:
· Prevailing wage requirements and procedures.
· Project bulletin board responsibilities and give the Contractor necessary posters to be posted.
· Contractor EEO responsibilities: nondiscriminatory hiring requirements, hiring goals for the area, and procedures under the voluntary on-the-job training program.
· Contractor responsibilities under l07.l2 for protection and restoration of property.
· Environmental permit requirements and Contractor responsibilities for sediment and erosion control.
Review of planned project work:
· Special environmental commitments.
· Right-of-way issues.
· Utility relocations.
· Railroad coordination, including any agreements between the Contractor and a railroad.
· Any pending change orders or contemplated extra work.
Information from the contractor:
· State the proposed date for the start of project work.
· Announce the name of the Project Superintendent.
· Present a progress schedule or CPM.
· State all known subcontractors, suppliers, and material sources.
· State, in general, work procedures, type of equipment to be used, and the number of working shifts to be used.
· State the haul roads (C&MS Section l05.l3l)l3 and waste and borrow areas (C&MS Section l05.l5l)l6 to be used.
· Submit documentation itemizing the payroll taxes that the project will incur under l09.04(a) 05(C)(2) if extra work is added to the project.
· Submit documentation stating the method of paying fringe benefits to workers required by prevailing wage law.
· Requests for clarification of any questionable aspects of the contract or project site conditions.
Documentation of the preconstruction:
· A list of conference attendees and their affiliation.
· Written minutes or a tape recording of the conference.
· Record the date of the precon on the CMS ‘KETRK’ screen.
Informal partnering session:
· Establishment of an RFI process, specifically to whom an RFI must be addressed, acceptable format (letter, e-mail), and standard response time.
· Review the Dispute Resolution Process as specified in proposal note 109.
· If the time frames given in Proposal Note 025 are not realistic for the project the DCE and Contractor shall agree upon new time frame to resolve issues at each step.
· Empower the district staff to quickly resolve issues in steps l or 2 of the Dispute Resolution Process.
· Review the chains of commands of the Department and Contractor.
· Obtain understanding and agreement that ignoring an issue or making no decision is not acceptable.
· Individuals are not expected to make a decision with which they are uncomfortable, but should escalate upward in the dispute resolution process.
· The informal partnering session should agree to Finalize-As-You-Go.
· The agreements made will be documented and placed in the project file with a copy to the Contractor.
The Contractor must submit a progress schedule, pursuant to C&MS 108.02. This schedule must show the contractor's plan to carry out the work, the dates which the contractor and subcontractor will start the critical work, including the procurement of materials and equipment, ordering special manufactured articles, working drawings and the planned dates of critical project milestones.
A bar chart schedule is the default schedule required for all projects. More complex project may require the contractor to use the Critical Path Method (CPM) progress schedule, as specified by proposal note 107.
The progress schedule must be reviewed and accepted by the District Construction Engineer. The Project Engineer will review the schedule and forward his comments to the District Construction Engineer. The following items are to be used in determining an acceptable schedule:
· All major items of work must be included in the schedule.
· Completion of the entire project must follow contract requirements.
· Duration of activities must be reasonable.
· Sequence of operations must be logical.
· Schedule must be arranged per plan phases if required.
· Schedule must include special provisions in the contract, including completion dates.
· Special material requirements of the plans must be included.
The progress schedule is the responsibility of the contractor. If the schedule does not make sense or is illogical, the District must ask for clarification. A revision of the details in question is required prior to acceptance.
· Is the project identified?
· Does the schedule graphically depict the work?
· Is there sufficient detail to truly describe the work?
· Are the sequences and activity durations reasonable?
· Are critical deliveries shown?
· Is there consideration for winter months?
· Are special ODOT requirements from plan notes or special provisions accounted for?
· Does the schedule fit within the duration allowed by contract?
· Are there clear relationships shown between activities?
The progress schedule is the main tool with which the owner can monitor the progress of the contract and determine at an instant the status of work. It is therefore very important that the Project Engineer accurately review the schedule before acceptance. Monitoring the progress schedule is very important in determining "fault" or responsibility for project delays. C&MS 108.06, allows the director to grant requests for an extension of time if the work was delayed. Guidelines for the review and acceptance of the bar chart schedule specified in C&MS 108.02.B. Guidelines for the review and acceptance of Critical Path Method Progress Schedules are specified in proposal note 107.
There are several tools for monitoring the status of a project. The main tool as stated above is the monitoring of the progress schedule. The progress schedule must be reviewed at regular intervals with the contractor at the project level by the Engineer and at the following times:
· The start of the project to detect if the contractor began as scheduled.
· Every two weeks on larger more complex projects, monthly on smaller less complex projects.
· Following the completion of a major item of work.
· Following the completion of a phase or sub phase of work.
· Before, during and after any type of delay to determine whether or not the delay was owner caused, contractor caused or concurrent.
Results of this review must be included in the daily diary. The diary entry must list the reasons the contractor cannot proceed with certain portions of the work. Accuracy and details in the daily diary concerning delays will protect the Department against the successful prosecution of many claims.
Effective progress meetings are very productive tools for enhancing communication, discussing issues, solving problems and thus furthering progress on the project. The Engineer must invite the appropriate personnel to attend the progress meetings. The status of the project must be discussed with the contractor. This time would be ideal to determine if the schedule must be updated. Suggested items for discussion are include:
· To assess needs and progress of project
· To change scope as needed
· To deal with current and upcoming issues
· To make decisions and problem-solve
· To communicate needed information to team members
· To assess how well we are working together and adhering to the charter
Before the progress meetings, the Engineer should prepare an agenda. An agenda should cover the following topics in a similar format:
Project XXX(0X)
County-Route-Section
PROGRESS MEETING
Month Day, Year
Attendees: See sign-in sheet.
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Agenda Topic: |
Action Items: |
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Corrections to last Progress Meeting Minutes:
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Description: Person Responsible: Deadline: |
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Outstanding Issues: |
Description: Person Responsible: Deadline: |
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Safety: |
Description: Person Responsible: Deadline: |
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Work in Progress: Prime In progress Look ahead (time period) Subs In progress Look ahead (time period) |
Description: Person Responsible: Deadline:
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Progress Schedule Current Schedule Update Critical Path Activities Current Completion Date Next Schedule Update |
Description: Person Responsible: Deadline: |
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Critical Delays (work on critical path): Any delays since the last meeting? Current Excusable Non-Excusable Concurrent? Potential Excusable Non-Excusable Concurrent? |
Description: Person Responsible: Deadline:
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Non-Critical Delays (work NOT on critical path): Any delays since the last meeting? Current Potential |
Description: Person Responsible: Deadline: |
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Time Extensions Requests by Contractor Compensable Granted Pending Non-Compensable Granted Pending Non-Compensable |
Description: Person Responsible: Deadline:
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R/W and Utilities: |
Description: Person Responsible: Deadline: |
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Environmental: Regulated Materials Stock Piles Handling MSDS/PPE Regulated Wastes Location Handling Documentation Regulatory Permits 404/401 NPDES FEMA BUSTR |
Description: Person Responsible: Deadline:
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Change Order Status: |
Description: Person Responsible: Deadline: |
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Maintenance of Traffic: Upcoming Closures Other |
Description: Person Responsible: Deadline: |
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Public Relations: Complaints Other |
Description: Person Responsible: Deadline: |
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Testing/Materials: |
Description: Person Responsible: Deadline: |
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Submittals: Under Review To Be Submitted |
Description: Person Responsible: Deadline: |
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Value Engineering Change Proposals (VECPs): |
Description: Person Responsible: Deadline: |
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Request For Information (RFIs): Outstanding RFIs Upcoming RFIs Other |
Description: Person Responsible: Deadline: |
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Completed Items & Agreement on Final Quantities: |
Description: Person Responsible: Deadline: |
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Dispute Resolution: Disputes Current Potential Claims Current Potential |
Description: Person Responsible: Deadline:
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Estimates: |
Description: Person Responsible: Deadline: |
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EEO/Wages: |
Description: Person Responsible: Deadline: |
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Partnering: |
Description: Person Responsible: Deadline: |
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C95 Issues: |
Description: Person Responsible: Deadline: |
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Contractor Issues: |
Description: Person Responsible: Deadline: |
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ODOT Issues: |
Description: Person Responsible: Deadline: |
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Open Discussion: |
Description: Person Responsible: Deadline: |
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Next Meeting: Date Location |
Description: Person Responsible: Deadline: |
The Department may grant a time extension for excusable delays. The contractor must make a written request giving details which will justify the granting of the request for this extra time. Methods to analyze requests for time extensions are explained in detail in C&MS 108.06 and Standard Procedure Policy 510-012(SP), Time Extensions and Waiver of Liquidated Damages.
It is more important than ever that the contractor submit the request for a time extension in the following time frame:
· Requests for an extension of time due to weather or seasonal conditions shall be submitted in writing to the engineer at the end of each month.
· Requests for extensions other than for weather and seasonal conditions shall be submitted in writing to the engineer within 30 days following the termination of the delay and prior to the expiration of the extended contract date.
Extensions of time are processed as change orders by the District.
In the event that a request for an extension of time is not justified by the District and/or the contractor falls behind schedule due to their own fault or responsibility, the contractor may need to submit a recovery schedule.
When the progress differs appreciably from the original schedule (more than fourteen calendar days), a revised schedule must be requested by the Department. A letter from the District Construction Engineer to the contractor must be written to request a revised schedule and reasons for the delays. Once a new schedule is submitted and the reasons for delay are given by the contractor, the Engineer must review the daily diary to determine the accuracy of these delays. If delays are due to poor or inexperienced workmen, Section 108.05 allows for removal of unskilled workmen from the project. If the delays claimed are caused by the contractor, the revised schedule must show finishing by the original completion date and the method for recovery must be included.
The methods of monitoring a progress schedule are as follows:
· Percentage of completion by dollars paid to the contractor
· Examination of actual start and finish dates of line items
Judgment must be used when reviewing the progress schedule. It may be possible that the dollars paid to the contractor do not truly reflect the progress on the project. These issues must be discussed with the contractor. A good time to do this is usually during the progress meetings when all parties involved with the project are present.
If the contractor fails to complete the work by the contract completion date (original or revised), he must request permission of the Engineer to remain in control of the work. The contractor must make this request in writing and may be required to provide a written plan for completion of the work. This requirement is described in Section 108.07 of the C&MS which includes a table of liquidated damages.
Certain plan notes may require interim dates for phase completion and include special liquidated damages. Different methods of bidding may include special liquidated damages.
Since the advent of the Construction Management System (CMS), the computer now deducts liquidated damages automatically from the estimates until dates for completion are entered into the "KETRK" screen or the time extension/waiver is processed and entered into the system.
The two types of project termination are as follows:
Termination by convenience is explained in Section 108.09 of the C&MS and allows the Department to terminate a contract at anytime. Several projects involving huge plan errors have been terminated. This is done to give the Department time to revise the plans and to allow the project to be bid competitively, rather than perform all work on change orders on the existing project.
Termination by default is explained in Section 108.08 of the C&MS. The Director has the right to terminate the project for the following reasons:
· Contractor abandons, fails or refuses to complete work.
· Improperly performing the work.
· Has not commenced work in a reasonable time or does not make reasonable progress.
· Contractor goes out of business or files bankruptcy.
Termination by default or cause is not an immediate event. This type of default requires a series of events to occur over a period of time, all of which must be documented by the Department. Progressive documentation must occur and extensive records must be kept to avoid any legal action against the Department.