SECTION108.03 - PERFORMANCE AND PROGRESS—

(a) Preconstruction Conference. Before the anticipated Notice to Proceed Date, a preconstruction conference will be held in the District office. The purpose of this conference will be to discuss the scope of the project work, to discuss all essential matters pertaining to the satisfactory project completion, and to resolve any questions regarding contract interpretation and/or contract time.

Submit the following to the Representative at the Preconstruction Conference:

  • List containing names of the project superintendent, project engineer, foremen, and surveyor, and construction scheduling coordinator
  • Names, titles, and contact information of the selected individuals required to complete Form CS-8 (Issue Escalation Matrix)
  • Forms CS-200 (Source of Supply – Materials) and Form CS-201(Source of Supply – Traffic Control Devices)
  • Work Plan (60 Calendar Day for Critical Path Method (CPM) and 60 Calendar Day for Resource Loaded CPM contracts)

Failure to submit the above documentation may result in the actual Notice to Proceed Date being after the anticipated Notice to Proceed Date in the proposal, but will not qualify for an extension of contract time.

If a preconstruction conference is not held before the anticipated Notice to Proceed Date in the proposal, an extension of contract time may be granted, provided the requirements of Section 108.06(a) have been met (i.e., the extension is supported by the Construction Schedule and it can be demonstrated that progress on one or more controlling operations has been adversely affected by the Department’s failure to comply with the requirements of this section).

(b) Construction Project Scheduling. Prepare a complete Schedule that adheres to and incorporates all contract time requirements, shows work being completed on or before the Required Completion Date, meets any specified Milestone Date(s), and is in compliance with all contractual requirements. For Design/Build or Partial Design/Build Projects, include design activities associated with the Design/Build elements as well as the review and approval durations as specified in the contract provisions.

The Representative may require that the Contractor attend a scheduling conference for the purpose of reviewing this specification and the applicable portions of Section 689 that pertain to the scheduling format indicated for the project (i.e., Narrative, CPM, or Resource Loaded CPM). This scheduling conference may be held in conjunction with the Preconstruction Conference. Be prepared to discuss the concepts and logic to be used in sequencing work activities for development of the construction Schedule.

Acceptance of the Contractor’s Schedule or any revision(s) thereto, by the Department, will not constitute the Department’s approval of or agreement with the sequence of operations, the durations of activities, the adequacy or propriety of resources, the identity of controlling operations, nor the feasibility or any other characteristics of the Schedule or its revisions.

Show all contracted work in the Schedule. Show the sequence and interdependence of activities for completion of all work. Consider and make appropriate scheduling and operational allowances, including but not limited to, for seasonal weather conditionsand ambient temperatures, permitting requirements, plant establishment periods, traffic signal testing periods,Intelligent Transportation System equipment-related testing periods, and pavement marking retro-reflectivity testing, MPT restriction periods, and bituminous pavement.

Incorporate in the Schedule coordination with all entities (subcontractors, utilities, railroads, etc.) and adjacent or private contracts that could impact the Schedule. In addition to construction activities, include in the Schedule, at a minimum, the procurement, fabrication, and delivery of critical or special materials and equipment, and indicate restraints (i.e., relationships) betweenrelationships between activities.

Schedule updates are required aton a minimum on a monthly basis.

  1. Construction Scheduling Coordinator. Have the individual responsible for supervising the work, as specified in Section 105.05(a), serve as the Construction Scheduling Coordinator or be responsible for and oversee all activities of the Construction Scheduling Coordinator.
  1. Project Control Meetings. Project control meetings will be held on an as needed basis, as directed. During project control meetings, the Representative and the Contractor’s superintendent will conduct a site visit and jointly review project progress. Submit, 2 working days before each project control meeting, a written report, in an acceptable format, that includes the following:
  • Progress of project design and construction activities.
  • Impacts on the current Schedule.
  • Planned progress for the next 2 weeks.
  • Other Schedule-related information, as required.
  1. Submittals. Prioritize and schedule submissions to allow sufficient time for Department review. Makesubmissions at least 21 calendar days before information is needed for purchasing, fabricating material, or obtainingequipment, unless otherwise indicated or directed. The 21-calendar day review period will begin on the date theRepresentative receives the submission. Any delays caused by incomplete submissions, including drawings anddesigns, will be the responsibility of the Contractor.
  1. Adjustment of Required Completion Date or Specified Milestone Date(s).If a request for a time extension is approved or a time reduction processed, the Department will use the changed Required Completion Date and/or Milestone Date(s) for the purpose of monitoring progress, assigning resources, authorizing additional and/or extra work, processing contract adjustments associated with incentive/disincentive clauses, and assessing liquidated damages. Contractor imposed dates in the Schedule; other than the Required Completion Date, specified Milestone Date(s), and/or any contractually specified sequences; will not be binding on the Department.
  1. Recovery. If the latest completion time for any work on the current Schedule results in a controlling activity being delayed 14 days or more beyond the Required Completion Date or any specified Milestone Date(s), as adjusted if appropriate, the Representative may require the Contractor to submit a written description of the plan to recover all lost time and maintain the Required Completion Date or specified Milestone Date(s). If required, submit the written recovery plan within 7 calendar days of notification by the Representative. If the order of project operations is changed to the extent that the Contractor is no longer following the accepted Schedule, the Representative may require that a revision to the Schedulerecovery schedule be submitted. The revision to the schedule must include the Asta Powerproject (.pp) recovery schedule, a narrative recovery plan including what has changed and an explanation as to why it has changed, and a PDF of the recovery schedule. If the recovery plan and/or schedule revisionrecovery schedule is not received within 14 calendar days from the date of the request by the Representative, the District Executive will may elect not to release current estimate payments until the required information has been submitted and accepted.
  2. Updates. Submit updates to the Schedule monthly on or before the date agreed to by the Department, unless otherwise specified. If any Update is not received within 7 calendar days from the agreed upon date, the District Executive will may elect not to release current estimate payments until all requested schedule updates are received and accepted. Updates must be made in electronic Asta Powerproject (.pp) format, along with a narrative report as per Section 689, and PDF of the updated schedule. Update submissions must include a detailed listing of the changes for that update progress period as per Section 689. including, at a minimum, the following:Place the narrative report, as per Section 689, in the Shared Folder tab within PennDOT Project Collaboration Center (PPCC)
  • Progressed activities
  • Logic changes (including relationship type and imposed date(s))
  • Calendar changes (including activity association and/or work day(s))
  • Duration changes
  • Critical Path changes

Activity IDs or descriptions must remain constant throughout the project. Major changes to activities will be addressed by eliminating the existing activity and substituting a new activity with a unique ID and Description.

(c) PennDOT Project Collaboration Center (SharePoint). Submit all project-related documentation, as required or indicated, using the Department’s Project Collaboration system, PennDOT Project Collaboration Center (PPCC). The only exception is the Contractor’s Asta Powerproject (.pp) schedule, which will be uploaded and submitted directly in the Asta Web Portal. Coordinate with the Department to obtain access for necessary parties to the PPCC and/or the Asta Web Portal. The Department’s standard file format is the Portable Document Format (PDF). The Department may require documentation to be submitted in other compatible electronic file formats.

(d) Asta Web Portal. The contractor is responsible for converting and uploading the Asta Powerproject (.pp) schedule to the Asta Web Portal. Uploading the schedule in the Asta Web Portal will allow all authorized parties to view the current baseline schedule. The Department will then review the Contractor’s submitted schedule and will either accept or reject the schedule. Once the schedule is accepted by the Departmenta baseline will be created. Any subsequent changes to the baseline schedule through the submission of any updates, revisions or recovery schedules shall also be uploaded to the project within the Asta Web Portal in the same way in order to maintain a record of schedule versions. The Asta Powerproject Project (.pp) schedules will always be submitted through the Asta Web Portal, however all other project related documents will be uploaded to the PennDOT Project Collaboration Center (PPCC). Coordinate with the Department to obtain access for necessary parties to the Asta Web Portal.

SECTION 108.06 - TIME EXTENSIONS AND REDUCTIONS

(a) Time Extensions. An extension of the Required Completion Date and/or a specified Milestone Date(s) may be granted by the Department as a result of any of the events or occurrences identified herein. If an event or occurrence qualifies for an extension of contract time, and the extension is supported by the Construction Schedule after the impact of the event or occurrence is incorporated, submit an official time extension request to the Representative early enough so that it can be evaluated and decided upon by the Department in time to avoid any constructive acceleration of the work, but no later than 30 calendar days after the “termination” of the event or occurrence, as specified herein. Submit time extension requests electronically, using ECMS. Include a combined PDF of the Supporting Schedules with each request, in the format indicated for the project, at no additional cost to the Department. The Supporting Schedulesareis to consist of a pre-impact schedule, which is the most recently accepted schedule and shows the status of the project prior to the impact, and a post-impact schedule, which shows all work progressed to date, and to clearly shows the impact of the specific event or occurrence on the Required Completion Date and/or specified Milestone Date(s) using the accepted Schedule in place at the time of the event or occurrence. Along with submitting the combined PDF of the Supporting Schedules in ECMS, the electronic Asta Powerproject (.pp) files should also be submitted to the Representative outside of ECMS (via the Asta Web Portal). Upon approval of the time extension, submit the revised electronic Asta Powerproject (.pp) file in the Asta Web Portal. The Representative will respond to all time extension requests within 14 calendar days of receipt. Time extension requests that are not submitted within the specified time and/or do not include all of the required supporting information, including a Supporting Schedule, will not be approved. If, after reviewing the Contractor’s initial time extension request, the Representative determines that the supporting information provided is incomplete or inadequate, notification of the deficiency will be sent to the Contractor. Complete or revise the time extension request, as indicated, and resubmit within 10 calendar days of receipt of the Representative’s notification. Revised time extension requests that are not resubmitted within the specified time will not be approved. If a time extension request is disapproved by the Department, liquidated damages may be chargeable.

The following events or occurrences may qualify for an extension of the Required Completion Date and/or a specified Milestone Date(s):

  • A Notice to Proceed is issued indicating that the actual Notice to Proceed Date will be after the anticipated Notice to Proceed Date in the proposal, through no fault of the Contractor. A time extension will only be granted for such an occurrence if it is requested by the Contractor within 30 calendar days after the date of Department acceptance of the initial Construction Schedule.
  • Progress on one or more controlling operations is adversely affected by impacts from Utility Infrastructure and Utility Adjustments as specified in Section 105.06. Submit a time extension request within 30 calendar days after the date all utility infrastructure and utility adjustments impacting the Contractor’s operations are completed.
  • Satisfactory project completion requires work in greater quantities than those indicated in the contract, and progress on one or more controlling operations is adversely affected by the item plan quantity overruns. Submit a time extension request within 30 calendar days after the date the overrun quantity of work under the applicable item(s) is completed.
  • The District Executive, in writing, authorizes the elimination of an item(s) of work or a reduction in quantity for an item(s) of work, and progress on one or more controlling operations is adversely affected by the elimination(s)/reductions(s). Submit a time extension request within 30 calendar days after the date of receipt of the District Executive’s initial, itemized, written authorization for the work item elimination(s)/quantity reduction(s).
  • The District Executive, in writing, authorizes additional and/or extra work, which affects progress on one or more controlling operations. Submit a time extension request within 30 calendar days after the date the prices to be paid for all authorized additional work and/or extra work at a negotiated price are agreed upon and, when applicable, accepted by the Department, or, if authorized extra work is to be paid on a force account basis, within 30 calendar days after the date the force account work is completed.
  • A strike or labor dispute that causes, despite all reasonable efforts by the Contractor to avoid it, a shutdown of the entire project or of one or more controlling operations, as specified in Section 108.10. Submit a time extension request within 30 calendar days after the date the strike or labor dispute ends.
  • Progress on one or more controlling operations is adversely affected by the delayed action or failure to act of an agency other than the Department that is not the fault of the Contractor, all of which will be determined by the Representative. Submit a time extension request within 30 calendar days after the date all issues involving the agency’s delay or failure are resolved.
  • Progress on one or more controlling operations is adversely affected by an act or omission of the Department that is not the fault of the Contractor, all of which will be determined by the Representative. Submit a time extension request within 30 calendar days after the date all issues involving the Department’s act or omission are resolved.

Events or occurrences that do not qualify for an extension of the Required Completion Date and/or a specified Milestone Date(s) include, but are not limited to, weather delays, the removal and replacement of defective work, and the reseeding of areas where specified growth coverage and/or germination time requirements have not been met.

Weather-related events warranting an emergency declaration by the Federal Government or by the Government of the Commonwealth of Pennsylvania may qualify for an extension of contract time provided it can be clearly established that the delay to the project for which a time extension is sought is not, in fact, the responsibility of the Contractor, and that the Contractor has taken all necessary precautions to protect the project from damage, as required. Furthermore, the Secretary of Transportation, or an authorized delegate, must determine, following an emergency declaration, that the emergency conditions had a direct adverse impact on one or more active construction projects. Finally, for a given project to qualify, the accepted Schedule in place at the time of the weather-related event giving rise to the emergency declaration must show work on one or more controlling operations occurring during the period in which the weather-related event took place.

1. Dispute Resolution. If a request for an extension of the Required Completion Date and/or a specified Milestone Date(s), supported by documentation prepared using the appropriate scheduling tool, is not approved by the Department or is approved for a number of days that is less than the number of days originally requested, and the Contractor wishes to dispute the Department’s decision, submit a written request for a re-evaluation of the time extension request, to the District Executive, within 7 calendar days after the date the Department takes action on the request within ECMS. Notification of the District Executive’s final determination regarding the time extension request will be provided within 7 calendar days of receipt of the Contractor’s written, re-evaluation request.

(b) Time Reductions. A reduction of contract time affecting the Required Completion Date and/or a specified Milestone Date(s) may be processed by the Department as a result of any of the events or occurrences identified herein. On a case-by-case basis, before any reduction of contract time is processed in response to a qualifying event or occurrence, the Department, in consultation with the Contractor, will assess whether such an action is warranted (i.e. necessary for proper and equitable administration of the contract and supported by the Construction Schedule after the impact of the event or occurrence is incorporated). If a qualified event or occurrence is found to warrant a reduction of contract time, an official time reduction will be prepared, by the Representative, within 30 calendar days after the “termination “of the event or occurrence, as specified herein. Reductions of contract time will be processed electronically, using ECMS, and a combined PDF of the Supporting Schedules , in the format indicated for the project, will be included as a support for the number of reduction days. The Supporting Schedules will be prepared by the Contractor, at no additional cost to the Department, and show all work progressed to date, and clearly show the impact of the specific event or occurrence on the Required Completion Date and/or specified Milestone Date(s) using the accepted Schedule in place at the time of the event or occurrence. Notification of the Representative’s processing of a time reduction will be sent to the Contractor. Within 10 calendar days of receipt of this notification, use ECMS to provide the requested disposition information (i.e. indicate agreement or disagreement with the Department’s decision to reduce contract time and comment on the action). However, failure to provide the requested information within the specified time will not prevent the Representative from completing the processing of the reduction of contract time. Along with submitting the combined PDF of the Supporting Schedules in ECMS, the electronic Asta Powerproject (.pp) files should also be submitted to the Representative outside of ECMS (via the Asta Web Portal). Upon approval of the time reduction, submit the revised electronic Asta Powerproject (.pp) file in the Asta Web Portal.