Construction
| CPR Issues | |
| Administration | |
| 1. | Issue: District X is requiring contractors to submit vehicle registration form prior to award/execution of the contract. |
| Response: The contractor's vehicle registration affidavit (Form 700-010-52) is due on the first working day of the contract (reference CPAM Chapter 5.2). Also, reference section 7-23 of the standard specifications for roadway & bridge construction. | |
| 2. | Issue: I have a problem with the Notice To Proceed(NTP) date which effects the start of time on a project. Should I start counting the Lead-in time on the same day stated on the NTP letter or start counting on the following date? |
Response:
Response: When calculating contract time make
sure you allow the "Lead-in, Acquisition, Flex Start:" dates
that your contract specifies. Some contracts use 14 or 16
days other use 15 days or the Acquisition time maybe 30
days. The standard contract (excerpt below) says that time
begins on XX calendar day from
the date NTP is issued. So the date that the NTP is issued,
is not counted as day 1 of the XX calendar days.
EXAMPLE: Contractor is issued an NTP dated January 15th
and the contract says time charges begin 15 calendar days
from the date NTP is issued, begin the 15 day count on
January 16th and the Contract time begins on
January 30th. EXCEPTION: Design Build
contracts states, "8-7.2 Date of Beginning of Contract Time:
The date on which Contract Time begins is the date
identified in the Notice to Proceed." So the statement for
the website should say, "EXCEPTION: Design Build contracts,
the contract time begins on the date identified in the NTP."![]() ![]() |
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| 3. | Issue (From External Customer Email):
The Department needs to look suspension of work for Holidays
as reducing impact on the traveling public during peak
holiday traffic periods where possible as the purpose of the
specification in the first place. This goal is being
compromised by the way the program is being administered.
(see attached) 1. In some jurisdictions, all one needs to do is ask to work a holiday weekend, the request will be denied as a matter of routine (too much traffic), and the weekend days will be granted as additional time. 2. In some jurisdictions that rouse is not accepted and, if the contractor does not ROUTINELY WORK WEEKENDS, extra time for the weekend days will not be granted. The difference is about 14-days per year in time available to perform the work. Some contracts just do not have enough time to "give away" so much to accommodate Holiday work suspensions forcing the contractor to work more holidays than he would otherwise work. That is the exact opposite of the purpose of this specification. |
| Response: The granting of time
extensions for impacts caused by Holidays and/or Special
Events of Specification 8-6.4 was recently discussed with
the District Construction Engineers during the February 2013
meeting. You can access notes from that meeting which
include the direction provided to the DCE's as to how
Entitlement to a time extension for the
effects of inclement Weather, Holidays and Special Events is
addressed in Specification 8-7.3.2 as you have referenced.
However, the specification goes on to establish that
entitlement is only applicable when at least 50% of the
normal work day on pre-determined controlling items of work
is impacted by the Holiday and/or Special Event (I have
pasted page 68 of the Specifications from project
40751-3-52-01 to illustrate this requirement). In those
instances when a work schedule shows that no controlling
items of work are to be performed on a day that is defined
as a Holiday and/or Special Event of 8-6.4, then no
entitlement to a time extension for that day exists and the
contractor is not to be granted a time extension. To demonstrate how this works, let's look at the upcoming Memorial Day Holiday and apply the specification to the referenced project. The governing specifications for project 40795135201 define Memorial Day; the Saturday and Sunday immediately preceding Memorial Day, as the Holiday period. If the contractor has an accepted schedule which demonstrates work is being performed on controlling items of work 5 days per week (i.e. Monday - Friday), then for the Memorial Holiday period, provided the contractor does not work on Monday, May 27, entitlement to a time extension would be warranted for only Monday, May 27. In this scenario, since the contractor was working under an accepted schedule which demonstrated that no work is being performed on controlling items on Saturday, May 25 and Sunday, May 26, then entitlement to a time extension for those days does not exist and a time extension is not warranted for Saturday and Sunday. Now, let's look at the same project and Memorial Holiday period in a little bit different light. In this scenario, let's assume that the contractor has an accepted schedule which demonstrates work is being performed on controlling items of work 7 days per week (i.e. Sunday - Saturday). For the Memorial Holiday period, provided the contractor does not work on Saturday, May 25, Sunday, May 26 and Monday, May 27, entitlement to a time extension would be warranted for all three days. In both scenarios, the purpose of the specification (i.e. reducing impacts to the traveling public during peak Holiday traffic periods) has been fulfilled. Further, the contractor has been given a day for day time extension for delays caused by the effects of the Holiday suspensions of 8-6.4 which prevented productive performance on controlling items of work for those days when the contractor was unable to work at least 50% of the normal work day on pre-determined controlling work items. |
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