CPM Surveys The following questions and responses are a compilation from surveys by Jeff Benefield of the Alabama Department of Transportation and by Wayne Herbel of the Idaho Transportation Department. Questions 1 & 2 were asked as part of the ALDOT survey. Question 3 was presented in the ITD survey as a follow up to the ALDOT survey. Some of the responses to question 1 & 2 were received during the follow up survey and therefore were not presented in the initial survey by ALDOT. 1. Does your current specification require a CPM at the beginning of a project folowed by updates at regular intervals throughout the project? 2. Do you require a CPM to be submitted with delay claims and, if so, have they proven useful? 3. What contractual mechanism, especially a damage clause, do you have to insure compliance with this requirement? Contact/ Email Jeff Benefield State Alabama Title Roadway Construction Engineer #1 No #2 We require a "satisfactory, comprehensive bar graph schedule of operations " #3 We do not have an enforcement mechanism in place specifically for this issue but, if needed, we could always use the paragraph of Article 105.01 below: "The Engineer shall have the authority to withhold further payment or to suspend the work wholly or in part due to failure of the Contractor to correct conditions unsafe for the workmen or the general public; failure to carry out provisions of the contract; failure to carry out orders; for such periods as he may deem necessary due to unsuitable weather; for conditions unsuitable for prosecution of the work; or for any other condition or reason deemed to be in the public interest." Alaska Chuck Correa State Construction Yes CPM schedules are required on some projects, but not all (the Engineer larger, more complex ones). When they are required, they are required to be submitted prior to the Preconstruction Conference and then monthly. Schedules are required to be submitted with delay claims, and if the contract specified CPM schedules, that is what is required with the claim. We haven't had much opportunity to determine their usefulness in a claim, but my general observation is that contractor's are more clever at manipulating them than we are at catching their manipulations. Arizona Julio Alvarado Yes The Arizona Department Of Transportation does required a CPM schedule for projects grater than 5 million .The contractor is required to submit a schedule in two parts . Part one is a preliminary schedule (schematic diagram). This schedule is required at the Preconstruction meeting. Part two schedule is required within 15 calendar after Part one has been accepted utilizing the software Primavera or approved equal . Yes We have a CPM Special Provision which is used on selected projects. It requires the contractor to submit a CPM at the beginning of the project and on a monthly basis. Only Department responsible delays in activities that affect milestone dates, or the contract completion date, as determined by a CPM analysis, are considered for a time extension. The CPM's have been helpful in determining and granting extensions of time. If preliminary schedule is not submitted and accepted, no monthly progress payment will be made. Failure of the contractor to comply with monthly updates, the engineer will withhold 10 percent of the monthly progress payments. Arkansas Jerry W. Trotter Colorado Mitch Kumar Project Development Branch Manager Yes CDOT can withhold the payments if the Contractor failed to The Colorado Department of Transportation (CDOT) provide monthly updates schedule. requires a CPM schedule per CDOT’s Standard Special Provision Subsection 108.03 which states that a CPM schedule will be required unless the Commencement and Completion of work special provision allows a bar chart schedule. Since the default specification requires a CPM schedule, most of our projects do require a CPM schedule. Connecticut James Connery http://www.dot.state.co.us/DesignSupport/Construction/1999SSP/1 http://www.dot.state.co.us/DesignSupport/Construction/1999boo 08ps.doc k/specb100.pdf Yes ConnDOT has a Special Provision Specification - Project Coordinator, that requires a baseline CPM at the beginning of the project with monthly updates. The Project Coordinator specification is incorporated into projects greater than $10 million or complex projects greater than $5 million. ConnDOT does not require a CPM to be submitted with a delay claim, however, usually one is submitted. They can be useful, however, they can be manipulated to achieve a desired result. Yes We do require a CPM with monthly updates on large and/or complex projects. Since we have the monthly updates throughout the life of the project, we already have the CPM info if a claim develops. We do use this information to assist in defense of delay claims. Director, Office of Yes We do require CPM on major projects ... it has been a mixed bag Construction on effectiveness ... but typically, we will build an as-built schedule to dispute contractors assertions if indeed they were not correct. Delaware Tom Clements Florida Anath Prasad Georgia David L. Graham State Construction No Engineer We don't require CPM's on our projects. For delay claims they are required to submit an as-built chart, CPM scheme or other diagram depicting in graphic form how operations were effected. We can withhold progress payments or, in extreme cases, enforce the breach of contract clause. Idaho Doug Chase Mike J. Ripka Assistant Construction Engineer Yes Yes we require a CPM and yes they have proven useful. Illinois No We require a CPM only by Special Provision. The majority of our projects require only a bar chart as specified in Article 108.02. We do not require a CPM to be submitted with the claim. By specifications the contractor shall submit a progress schedule for all contracts, thus we always have a schedule in the files. No payment be made until a progress schedule has been submitted for approval. Payment may be withheld until a satisfactory schedule has been submitted and approved. See article 108.02 http://www.dot.il.gov/desenv/pdfspec2002/sec100.pdf Mike F. Renner Construction Operations Engineer Indiana Dennis Kuchler No Indiana (INDOT) does not require CPMs at this time. We require a Nothing Bar Graph Type Schedule which shows the estimated times required to prosecute the major or critical items of work and a progress schedule for all contracts. Iowa John Smythe State Construction Yes CPM schedules are only required on projects with I/D provisions for Engineer early completion. The original CPM schedule must be submitted with the bid. The CPM schedules are reviewed with the project engineer every 2 weeks, and updated if the Contractor gets behind or if the schedule changes. Chief, Bureau of Construction and Maintenance Yes We require a schedule but not necessarily a CPM at the start of a project, and require an update if the contractor falls behind the schedule. KDOT does not routinely require CPM schedules. KDOT does not have a separate damage clause related to the Contractor's failure to submit or update CPM schedules. KDOT can declare a breach of contract for this failure only. Kansas Dean M. Testa Roy Rissky Chief, Bureau of Construction and Maintenance Louisiana Rick Holms State Construction Yes Specs require the contractor to submit a preliminary schedule for Engineer the first 45 calendar days of the project. Within 45 calendar days or 10% of the contract time (whichever less), after the Notice to Proceed the contractor submits his final schedule. Approval must be obtained with 85 calendar days or 15% of the contract time (whichever less), otherwise 25% of the amount of any estimate is withheld. The contractor must update & submit within 8 days after the estimate a new cpm. Monthly meetings are required for review of cpms. The cpm is used to justify time extensions or time reductions due to decreased effort and to prove delays. Maine Eric Shepherd Assistant Program Yes Our specs require that a CPM schedule be submitted for each Manager project before beginning any onsite activities that states " This CPM schedule will become the basis for claims involving delays." The spec requires schedule updates only as required by the Department. On smaller projects, the CPM schedule requirement is replaced by a Special Provision requiring a bar chart schedule only. On major projects, a CPM schedule is required to more exacting details and monthly updates are required. There is no direct payment for CPM schedules under our spec; for major projects, the initial CPM schedule is a pay item as is each monthly update. Regarding the submission of CPM schedules with delay claims, our spec says the contractor must submit weekly reports listing the number of days of impact to the critical path and a summary of all operations that have been delayed and the impact on the contractor's critical path. My experience with CPM's related to significant delay claims has not been positive. Maryland David Beaulieu Deputy Director, Office of Construction Yes We don't require CPM's to be submitted with the delay claims however, we usually develop a CPM for each delay claim. See CPM document for specification. Maryland CPM SPEC109a. If the CPM schedule is not submitted, SHA has the right to withhold payments. http://www.marylandroads.com/businesswithsha/bizStdsSpecs/d esManualStdPub/publicationsonline/ohd/specifications.asp Massachusetts Michael Mcgrath No Massachusetts does not require the use of CPM’s at this time. We only require a bar chart schedule of operations however we are now discussing requiring the submission of CPM’s on larger projects in the future. Michigan Jason Gutting Construction Contracts Engineer No We do not require a CPM unless the Special Provision is in the contract (required by the Resident Engineer). Our standard is a submitted progress schedule which is part of the contract once it gets signed. If the schedule is not approved within 30 calendar days of contract award, the Departement may withhold all or part of contract payments until the schedule is approved. The Department may withhold all or part of the Contract payments if the schedule update is not submitted within 14 days of the date due. Minnesota's standard spec for construction has the language to withhold progress payments from the contractor if we do not have a current schedule (CPM or progress controlling bar chart). Minnesota Mike Leegard Construction Support/Claims Engineer, Office of Construction No We do not specifically require a critical path format …however, I sense that we are moving that direction for many of our contracts. MN/DOT had not yet established a CPM resource position in our central office for our field folks… we are looking into the idea. We only use CPM schedules on selected projects, the baseline schedule is approved on the front end and updates are made on a monthly basis, the Cpm schedule has been help in evaluating delay claims. Mississippi Brad Lewis State Construction No Engineer Work can not begin until either the baseline or interim baseline schedule is approved by the Department. Basically we withhold 25% of the total progress estimate for non-compliance and an additional 25% thereafter. Montana Nebraska The Montana Department of Transportation requires CPM MDT may withhold 10% of monthly progress payments for schedules on a project-by-project basis. Generally CPM schedule failure to provide the required updates. requirements are reserved for larger and/or more complex projects. All other projects require an Activities Schedule Chart (ASC) and Written Narrative. http://www.mdt.state.mt.us/contract/ Claude Oie State Construction Yes We require a CPM schedule and require that it be updated when Engineer the contractor falls behind. We have demanded CPM schedules after the fact as a part of the claim documentation. But they are after the fact and by the time they submit a formal claim their attorneys are involved and I never meet an attorney that would submit something that did not say exactly what he wanted it to say. Mark Elicegui Yes Yes a CPM is required at the beginning of the project followed by regular updates. A CPM analysis is generally part of a delay claim. With all the scheduling games a contractor can play, it can be very difficult to determine actual impacts on complex projects. In general, I feel this is a useful tool. Schedule requirements are in subsection 108.03 of our Standard Specs (available on our website). CPM's are required for projects or more than 60 working days. Our only remedy has been to threaten or actually withhold progress payments. This is an option under subsection 109.06 (page 72: "No payments will be made, when, the work is not satisfactorily proceeding according to the provisions of the contract.") Generally, once we withhold payment (or threaten) the contractor will provide the schedule and we will return the funds. We do not have a damage. If the contractor is claiming for delays, his case will not be very strong without a schedule to base it on. Mark Wissinger State Construction Engineer Nevada New Hampshire Theodore Kitsis Administrator, Bureau of Construction Yes We do not require a CPM schedule to be submitted with a claim, but we have seen the benefits of keeping accurate dates and/or timeframes when resolving contract disputes. We do require a critical path schedule at the beginning of the contract. Yes NJDOT requires a preliminary CPM Schedule at the beginning of most every contract, a Baseline CPM and monthly updates. Also, when extra work, a change or a delay is proposed or claimed we require a Time Impact Evaluation with a CPM Fragnet. (see attached Baseline Document for very specific details). New Jersey Progress Schedule New Jersey David Sichik Director of Construction Services and Materials New Mexico Lee W. Onstott State Construction Yes We require a CPM on all major projects. It must be updated Engineer monthly. The CPM and updates are utilized in claim proceedings. Sometimes they help and sometimes they don't help too much. Yes Only on our more complicated projects do we require a CPM schedule. In those cases, we require an updated CPM to be submitted with each partial pay request (monthly). Our spec also requires us to review and accept or ask for revisions to the updated CPM. Our spec does not require a CPM to be submitted with a delay claim. However, we currently have an active project in which we are trying to negotiate a settlement and the monthly CPM has proven to be very beneficial. Division of Construction Management Yes CPM schedules are typically required for projects whose cost is greater than $5 million; which have more than 3 phases; or as otherwise appropriate. A bar chart is required on all other projects. An interim project schedule is required within 30 days after execution of the contract or prior to start of work, whichever comes first. A detailed CPM schedule is required within 60 days after execution of the contract or prior to start of work. An updated CPM schedule is required monthly during the life of the project. A recovery schedule is required if a schedule projects a finish date for the project more than 14 days calendar days later than the completion date. ODOT's spec book requires the contractor to furnish documentation, including schedule updates, to support all time extension requests. ODOT's Progress Schedule section of the spec book states "The Department will withhold Estimates until the Engineer accepts the schedule." ODOT's CPM Schedule Proposal Note sets forth the Basis of Payment for this item. Those payments would be withheld if the Contractor is not in compliance with the schedule submission requirements. Also, as with any other contract provision, we can pull out the breach of contract clause. North Carolina Ellis C. Powell Ohio Megan Blackford Ohio's CPM Proposal Note Oklahoma George T. Raymond State Construction Yes A CPM schedule is mandated by Special Provision in the contract Engineer for those high profile projects which usually have an A + B with an I/D provision as well. It usually requires the initial schedule be submitted prior to the start of the work and updated every 30 days. Claims must be supported by the origianl schedule. We have requested a CPM occasionally from the contractor to illustrate his claim. In subsection 108.03(b) of our Standard Specifications regarding Prosecution and Progress - Critical Path Progress Schedule, it states in part that the initial schedule "must be finalized within thirty (30) after the prework conference. Failure to finalize the schedule by that date will result in withholding all contract payments until the schedule is approved." Additionally, it further states that "Failure to submit the required monthly network analysis system updates will cause the Department to withhold the monthly progressive pay estimate until such time as the update is received by the Department." Oregon Jeffrey L Gower Tucker Ferguson State Construction Yes On projects where a CPM schedule is required (for smaller Engineer projects, we require only a Narrative Schedule) the initial Schedule is to be submitted within 60 days of the Actual NTP date, and regular updates are not required, however, they can be requested by the DOT. A CPM is not required when there is a delay claim; however, the specification requires the weekly submission of a written report containing the following: the number of days behind schedule, an identification of all operations that have been, or are to be delayed, an explanation of how the Department's negligent act or omission delayed each operation, and an estimation of how much time is required to complete the project, an itemization of all extra cost being incurred. The effectiveness of this specification has not been fully realized to this point. We could withhold payment or enforce a breach of contract. We have no specific contract language around this issue. Pennsylvania Pennsylvania Turnpike B. L. Shepler No A schedule is required for every project but not necessarily a CPM schedule. An as-built chart, CPM scheme, or other diagram, depicting in graphic form how the operations were adversely affected is required to be submitted with a delay claim. We require a Work Schedule Progress only. For special projects we might required a CPM but as I am speaking we do not have projects with CPM’s. In the past in which we required CPM they were to be updated monthly to guaranty that the work would be completed on time and if claims were made by the Contractor it was analyzed with the CPM. Puerto Rico Jose A. Fernandez Ruiz No South Dakota Jason Humphrey Construction/Spec Yes We do not require CPM for all projects. On projects where CPM is ifications Engineer required, we have seen some usefulness, as we would only allow delay claims if the contractor can prove that the work delay was on the critical path. Director of Construction Yes Some projects we will include a provision to utilize a CPM schedule and when this is required routine updates are required as well. We do not require a CPM schedule for a claim submittal. Tennessee David C. Donoho Texas Thomas R. State Construction Yes Contractors can use a bar chart by the Standard Specifications, Bohuslav Engineer however, we generally require a CPM for larger or complex projects. For any schedule we require submission at the beginning of the project and regular monthly updates and if the Contractor proposes to make major changes. The regular updates require an actual progress update. If a CPM is required for the project, we would probably require a time impact analysis if we couldn't agree to a time extension request. Charles Brauer Progress payments may be withheld for failure to comply with the Contract. http://www.dot.state.tx.us/business/specifications.htm Utah Darrell Giannonatti Yes UDOT Specification 00555 secton 1.6 A - requires a CPM schedule Primavera Sure Trak Project Manager or Primavera Project Planner. First a baseline schedule then updates on a monthly basis. UDOT Specification 00555 Section 1.7 A 1. - The Engineer does not approve progress payment until the schedule update has been received http://www.udot.utah.gov/download.php/tid=1100/00555Prosecution_Progress.doc Virginia William R. Layne Policy and Planning Specialist II Yes We generally require a working schedule on our projects. The more complex projects require a working schedule, which includes a CPM. Schedule updates are required as deemed necessary. (See attachments) We do not mandate a CPM on delay claims, but often develop an as-built vs. as planned schedule for the Department's use. Virginia Special 1 Virginia Special 2 Washington D.C. West Virginia Ardeshir Nafici Darrell Allen Todd Rumbaugh Yes CPM is required for all major DDOT projects. Yes CPM is required on projects exceeding $5 million or containing an I/D clause. Withholding of progress estimates until CPM is received and reviewed by the Division. West Virginia Todd Rumbaugh "The official Schedule must be completed within ninety (90) calendar days of the contract award date. The Engineer may not release further current estimate payments for any item of work under the Contract after ninety (90) calendar days until the Contractor's official Detailed Construction Schedule is submitted." Wisconsin Jerry Zogg Chief Standards Development Engineer Yes WisDOT's std specs provide requirements for 3 types of schedules: (1) Simple bar chart; (2) Relationship Bar Chart; and (3) CPM. The default schedule is the simple hand drawn bar chart, which is incidental to the contract. Designers use a bid item to require the use of either of the other 2 computerized schedules. The Relationship Bar Chart is an intentionally simplified version of the full blown CPM schedule. The contractor is required to provide monthly updates for all 3 schedule types.We require the contractor to support every request for a time extension and delay claim with an updated schedule regardless of the type. WisDOT is still in its infancy in dealing with delay damages and in administering and implementing computerized project schedules . In 2001, we implemented a complete rewrite of our std specs for contract administration (Part 1) which included significant improvements on scheduling and dealing with contract changes. Prior to 2001, our std specs did not address delay damages. We struggle with an effective contractual mechanism to ensure compliance as well. Our specs require the contractor to support every request for a delay or time extension with an updated schedule. So, we're trying to send the message that if a contractor wants to request any adjustment to contract time they need to keep their schedule update. Our specs also indicate we will only make progress payments for the value of materials delivered or stockpiled until the initial schedule is accepted. Wyoming Mark Eisenhart No Most our projects do not require a CPM. We only require on certain projects, on those projects it is required to be updated monthly. Not required to be submitted with claim. We have a bid item for the CPM schedule. Thus we can withhold payment to the item or not pay and we have the ability to withhold an estimate.
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