(A) Progress Meetings.
(1) Regularly scheduled progress meetings are a very productive tool for monitoring the status of a project. They enhance communications, and help solve problems before they turn larger and more costly. Attendance at progress meetings is required for the contractor’s superintendent, DOE staff and others as the point in progress dictates including representatives of subcontractors, suppliers, utilities and the like. The main tool for monitoring a project is the progress schedule. The schedule must be updated periodically to ensure an accurate measure of the progress of the work and to maintain the status of the project with respect to time. The progress schedule may be used in any assessment of liquidated damages or incentives/disincentives, and a consideration with respect to any termination action. The progress schedule shall be reviewed with the DOE staff and the contractor at different intervals of the project as follows:
(a) At the start of the project to detect if the contractor began as scheduled;
(b) Every two weeks or monthly, depending on the complexity of the project;
(c) Following the completion of a major item of work;
(d) Following the completion of a phase or sub-phase of work; and
(e) Before, during and after any type of delay to determine whether or not the delay was owner caused, contractor caused or both.
(2) The situations and decisions that pertain to the project should be recorded in a diary. It is very important to keep a daily diary of activities of the project. The diary entry should 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 city against potential contractor claims.
(B) Behind Schedule. When the project progression is 15 days behind the original progress schedule, the CE on behalf of the DOE should send the contractor a letter requesting a revised progress schedule and reason for the delay. Once the contractor gives the CE a revised progress schedule including the reason for the delays, the CE should review the revised progress schedule and check the daily diary to see if the reason for the project’s delay agrees with the contractor’s explanation. If delays are due to inexpediency or incompetence of the contractor or subcontractor, the CE can request the removal of the individual(s) or subcontractors involved. When a delay in the project has occurred, the contractor must request a time extension in writing.
(C) Time Extension and Waiver Of Liquidated Damages.
(1) The CE shall have adequate written procedures for the determination of contract time as described in Chapter 9 (Ref: FAPG 635.120(C)). Contract time extensions submitted by the contractor shall be subject to the concurrence of the CE. Contract time extensions submitted for approval to the CE must be fully justified and adequately documented by the contractor (Ref: FAPG 635.120(C)). The CE shall notify the Service Committee of the need for a contract time extension, which may require a change in the agreement. The Service Committee will review the proposed request for a contract time extension with the CE or designee and determine if a change in the agreement is necessary. The CE or designee will coordinate with the Service Committee so that any agreement change is completed promptly.
(2) If a contractor fails to complete the work by the contract completion date, the contractor shall submit to the DOE a written request to continue the contract work. In the written request, there shall be a plan for completion of the work. The contractor must include a detailed explanation that will justify the granting of the extra time. Certain plan notes may require interim dates for phase completion and include special liquidated damages. The Service Committee may grant a time extension or waiver of liquidated damages for excusable delays.
(3) If the contractor causes the delay, the Service Committee may consider liquidated damages or disincentives. Liquidated damages shall be applied in accordance with the requirements of the contract.
(D) Progress Schedule.
(1) The progress schedule must show the contractor’s plan to carry out the different work types, including the procurement of materials and equipment, ordering of special manufactured articles, working drawings, required permits and the planned dates of critical project milestones. The CE must review the progress schedule to see if the schedule is acceptable. The following items are to be used in determining an acceptable schedule:
(a) All major items of work are included;
(b) The contractor’s plan for the execution of the work is shown;
(c) Adherence to contract requirements is demonstrated;
(d) Critical or controlling work activities and material deliveries are identified;
(e) Start and finish dates for the specific activities of work required by the contract are furnished;
(f) Special provisions in the contract, including milestone dates and/or interim completion dates, are accounted for;
(g) Duration of activities is reasonable;
(h) Activities reflecting procurement of materials and equipment are identified;
(i) Special material requirements of the plans are included;
(j) Time for permit completion, review and approval by utilities, Ohio EPA and the like is included;
(k) Maintenance of traffic requirements are provided;
(l) Sequence of operations is logical and clear relationships between activities is shown;
(m) Graphically depicts sequence of work;
(n) Appropriate consideration for progress during winter months; and
(o) The arrangement of project phases per the plan, if required.
(2) The progress schedule is the responsibility of the contractor. However, the CE should review and accept the progress schedule. If the schedule is not logical or is unreasonable, the CE should ask for clarification. The progress schedule is the main tool with which the DOE shall monitor the progress of the contract. It is, therefore, very important that the CE accurately review the schedule before accepting it. Monitoring the progress schedule can determine the responsible party for project delays.
(Ord. 131-05, passed 10-17-2005)