Delaware Standard Specifications for Road & Bridge Construction — Section 105.15

LEGAL RELATIONS AND RESPONSIBILITY SECTION 107 TO THE PUBLIC 59 107.15 Audits.

A.The Department may examine and audit the following items for at least 3 -years after the

contractor's acceptance of final payment as set forth in Section 109.12 , Source of Supply and Carrier Rates on Construction Materials .

1.Books

2.Records

3.Documents

4.Accounting procedures

5.Accounting practices

B.The Department may examine and audit these items for the contractor, its subcontractors, and its

suppliers at every tier. If the contractor is a joint venture, also make these items available for examination and audit from the contractor’s joint venture partners.

C.The specific items to be made available for audit include at a minimum all the records listed in

D.The contractor waives entitlement to compensation, an extension of time, or other relief for itself

and its subcontractors, vendors, and suppliers if the records identified by the Department are not made available to the Department for examination and a udit.

E.The Department will provide the contractor with reasonable notice, but not less than 15 -days,

before conducting the audit.

SUBCONTRACTING, NTP, PROGRESS SCHEDULES, SECTION 108 TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION 60 SECTION 108 — SUBCONTRACTING; NTP; PROGRESS SCHEDULES; TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION

108.1Contract Subletting.

A.Perform no less than 50 percent of total original contract price with the contractor’s own

organization, excluding designated specialty items. The Department will allow the contractor to perform specialty items by subcontract. The Department may deduct the amount of specialty items, performed by subcontractors, from the total original contract price before calculating the amount of work the contractor plans to perform using the contractor’s own organization. The contract price that the Department will us e as a basis to calculate the 50 percent requirement includes the cost of material and manufactured products that the contractor plans to purchase or produce. The Department will not require an adjustment of the calculated percentage due to adjustments in quantities or added or extra work.

1.The cost of flagging operations , including overtime rates, when performed by others who are not

the Contractor’s employees , will not be included in the 50 percent subcontracting limit.

B.The term “subcontractors” as used in the previous paragraph, does not include suppliers that

deliver and deposit, but do not incorporate, material; suppliers or services that transport material; and work performed that does not physically advance the co mpletion of the contract and is not considered as an item of work.

C.The term “the contractor’s own organization” refers to workers employed by or leased by the

contractor and equipment owned or rented by the contractor with or without operators. The term does not include subcontractor employees or equipment, agents of the contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm if the contractor:

1.Controls the day -to-day activities of leased employees;

2.retains responsibility for the quality of work performed by leased employees;

3.retains all power to accept or exclude individual employees from work on the project; and

4.remains responsible for payment of predetermined minimum wages, payroll submissions,

compliance statements, and all other federal regulatory requirements.

D.The Department will identify the specialty items in the contract.

E.Do not sublet, sell, transfer, assign or otherwise dispose of any portion of the contract without the

engineer’s written consent. Consent, when given, does not relieve the contractor its responsibility to fulfill the contract requirements. Do not provide work or materials from an organization other than the contractor’s own, or otherwise dispose of the contract or contracts or any portion thereof, or of its right, title or interest therein, without written consent from the engineer. The engineer will onl y provide written consent after assurance that each subcontract is in writing and that it contains the pertinent provisions and requirements of the contract.

F.Outline the scope and value of work the contractor proposes to subcontract. If requested by the

engineer, detail the cost of the materials included in the subcontractor’s work. Include the cost of subcontractor materials in the value of the subcontracted work. Obtain the engineer’s written permission before allowing a subcontractor to subcontract a portion of subcontracted work. In granting such permission, the engineer will require that the subcontractor seeking to subcontract SUBCONTRACTING, NTP, PROGRESS SCHEDULES, SECTION 108 TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION 61 a portion of its subcontract to perform no less than 50 percent of its subcontract with the subcontractor using its own organization.

G.Perform traffic control work and related items with labor, equipment, and materials from the

contractor's own organization and a single subcontractor unless approved by the engineer.

H.When the contractor subcontracts a portion of the contract to a subcontractor, the Department

will apply the subcontractor payment to fulfill the Disadvantaged Business Enterprise (DBE) contract requirements if the subcontractor is a DBE. The cost of the portion of the contract or bid item performed by a DBE will be included in the total amount of work subcontracted by the contractor in determining whether the contractor is performing at least 50 percent of the total contract bid price, as required by th is section.

I.Submit certified copies of subcontractor agreements and copies of the subcontractors’ Delaware

business licenses as a prerequisite to payment for work performed by a subcontractor, or on a subcontractor's behalf. Submit the information before a subcontra ctor performs work on the project. Submit contracts with suppliers or any other person, firm, or organization that will perform work on the project for review and approval by the engineer. Ensure that each subcontract clearly states that all provisions an d requirements of the contract are included in the subcontract.

J.The Department may also require the contractor to submit additional information concerning the

prospective subcontractor or supplier. This information may include any required by the contract, by the Department, by the FHWA, or by other governmental agen cies. This information may include:

1.Evidence that the organization that performs the work is experienced and equipped for such

work.

2.Assurance by the contractor that the labor standards provisions set forth in this contract apply

to labor performed on all work encompassed by the contract.

3.Assurance that all civil rights provisions and DBE requirements have been satisfied.

J.Include the following provisions in all subcontracts:

1.Indemnification language that saves harmless the Department from the actions of the

subcontractors or suppliers;

2.provisions that provide for the binding arbitration of all disputes between the parties to the

subcontract agreements; and

3.provisions that save harmless and indemnify the Department for omissions in the subcontract

agreement.

K.Do not interpret Department reviews, permissions, or granted approvals under these

specifications as approval of the work a subcontractor performs or of material provided by a supplier. Such reviews, permissions, or approvals by the Department do not relieve the contractor of the sole responsibility for satisfactory completion of the contract. Contracts, subcontracts, supplier agreements, sales, transfers, leases, assignments, or any other agreements applicable to this contract will in any case release the contrac tor of its sole responsibility and liability under the contract and bonds.

L.The Department may refuse to pay for, or accept, all or part of the work or materials supplied by a

subcontractor or materials supplier the contractor failed to submit to the Department for SUBCONTRACTING, NTP, PROGRESS SCHEDULES, SECTION 108 TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION 62 approval or by a subcontractor or material supplier that the contractor did submit that the Department did not approve.

108.2Preconstruction Meeting; Submitting a Schedule; Notice to Proceed.

Following contract execution, the engineer may schedule a preconstruction meeting. Before the preconstruction meeting, submit the progress schedule in accordance with Section 108.4 , Progress Schedule . After the preconstruction meeting, the engineer will issue the contractor a notice to proceed that will stipulate the contract start date. The Department will set the contract start date at least 10 calendar days after the date the Department issues the notice to proceed. The contractor may begin work upon rec eipt of the notice to proceed. The Department will not require the contractor to wait 10 days to begin work. Contract time will begin on the day that work starts or on the date stipulated in the notice to proceed, whichever is earlier.

108.3Commencement of Work; Counting Contract Time.

A.Begin work no later than the date stipulated in the notice to proceed. The Department will count

contract time using either calendar days or working days in accordance with the bid proposal.

B.For calendar day contracts, the Department will begin contract time in accordance with Section

108.2 , Preconstruction Meeting; Submitting a Schedule; Notice to Proceed, and continue counting every day shown on the calendar until substantial completion as determined by the engineer. The Department will not allow work on Sundays or holidays unless the engineer determines that working on Sundays or holidays is in the best i nterest of the Department. Submit a written request to the engineer to work on a Sund ay or holiday, if there is a reason to work those days. Submit the request to work at least 3 business days before the Sunday or holiday planned for work. Provide notice to the engineer no later than 12:00 PM on a Friday if the contractor plans to work the following day.

C.For working day contracts, the Department will begin contract time in accordance with Section

108.2 , Preconstruction Meeting; Submitting a Schedule; Notice to Proceed, and continue as defined in Section 101.3 , Definitions, until substantial completion of the work as determined by the engineer. The Department will not allow work on Sundays or holidays unless the engineer determines that such work is in the best interest of the Department. Submit a written request to the engi neer to work on a Sunday or hol iday, if there is a reason to work those days. Submit the request to work at least 3 business days before the Sunday or holiday planned for work. Provide notice to the engineer no later than 12:00 PM on a Friday if the contractor plans to work the followin g day.

108.4Progress Schedule.

A.General.

1.Definitions.

a.Activity. A discrete, identifiable task or event that takes time, has a definable start and finish

date, furthers the work progress, and is used to plan, schedule, and monitor the project.

b.Activity, Critical. An activity on the critical path.

c.Activity, Near -Critical. An activity with a total float value within 30 working days of the float on

the critical path.

d.Activity ID. A unique, alphanumeric, identification code assigned to an activity.

SUBCONTRACTING, NTP, PROGRESS SCHEDULES, SECTION 108 TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION 63 e. Constraints. A restriction imposed on the start or finish date of an activity.

f.Critical Path. The longest work path that forecasts the project’s substantial completion date.

After the contractor achieves substantial completion, the critical path is the longest work path that forecasts the project acceptance date as that date is de fined in Section 105.16 , Project Acceptance; Partial Acceptance. Milestones also have critical paths defined as the longest work path that forecasts the completion of the milestone.

g.Data Date. The date the schedule is calculated from.

h.Duration, Original. The estimated time, expressed in workdays, needed to perform an activity.

i.Duration, Remaining. The estimated time, expressed in workdays, needed to complete an

activity.

j.Early Completion Schedule. A progress schedule that forecasts achievement of the substantial

completion date prior to the substantial completion date established by the contract.

k.Float. The amount of time an activity or work path can be delayed and not delay the

substantial completion date. After the contractor achieves substantial completion, float is the amount of time an activity or work path can be delayed and not delay the project acceptance date as that date is defined in Section 105.16 , Partial Acceptance; Project Acceptance; Final Acceptance; and Project Closeout .

l.Float, Sequestered. Float hidden in activity durations or consumed by unnecessary or overly

restrictive logic.

m.Float, Total. The difference calculated in working days between an activity’s early and late

dates.

n.Lag. An amount of time, measured in working days, between the date when an activity starts

or finishes and the date when its successor activity can start or finish.

o.Milestone. An activity with no duration that is typically used to represent the beginning or end

of the project or its interim stages.

p.Written Narrative. A descriptive report submitted with each schedule.

q.Open End. The condition that exists when an activity has either no predecessor or no

successor. Only the first and last activities are allowed to have open ends. The first activity will have no predecessor and the last activity will have no successor.

r.Predecessor. An activity that is defined by schedule logic to precede another activity. A

predecessor may control the start or finish date of its successor.

s.Relationship. The interdependence among activities. Relationships link an activity logically to

its predecessors and successors.

t.Schedule, Baseline. The approved critical path method (CPM) schedule showing the original

plan to complete the entire project.

u.Schedule, Baseline Barchart. The approved initial barchart schedule showing the original plan

to complete the entire project.

v.Schedule, Bi -weekly Look Ahead Barchart. A bi -weekly update of the baseline barchart

schedule or the previous bi -weekly look ahead barchart schedule that depicts the work that is expected to occur during the following 2 -weeks. SUBCONTRACTING, NTP, PROGRESS SCHEDULES, SECTION 108 TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION 64 w. Schedule, Initial Baseline. The CPM schedule showing the original, detailed plan for the first 60 calendar days of project duration.

x.Schedule, Monthly Update. A schedule produced by incorporating the project’s actual

progress on a monthly basis into the baseline schedule, the previous monthly update schedule, or revised schedule.

y.Schedule, Progress. An initial barchart schedule, a baseline barchart schedule, a bi -weekly

lookahead barchart schedule, a revised barchart schedule, an initial baseline schedule, a baseline schedule, a monthly schedule update, or a revised schedule.

z.Schedule, Revised. A schedule prepared and submitted by the contractor that includes a

significant modification to the schedule logic or durations. aa. Schedule, Revised Barchart. A barchart schedule prepared and submitted by the contractor that includes a significant modification to the schedule logic or durations. bb. Schedule, Final. The last schedule update containing actual start and finish dates for every activity. cc. Successor. An activity that is defined by schedule logic to succeed another activity.

2.Requirements.

a.Prepare the progress schedule in accordance with Sections 108.4 .B.2, Barchart Schedules,

108.4 .C.2, Type 1 CPM Schedules, or 108.4 .D.2, Type 2 CPM .

b.Provide a progress schedule that depicts how the contractor plans to execute the work.

c.Include activities for the contractor, the Department, subcontractors, vendors, suppliers,

utilities, railroads, government agencies or authorities, and other parties involved with the project.

d.Use the progress schedule to plan, schedule, and coordinate the work.

e.The engineer’s approval of a portion of the progress schedule or an incomplete schedule

submittal does not constitute approval of the entire schedule.

f.If the engineer approves a progress schedule, the engineer will provide the contractor with

such approval in writing.

g.The engineer’s approval of a schedule does not:

i.Change the contract;

ii. constitute the Department’s endorsement or validation of the contractor’s schedule logic, activity durations, or assumptions; iii. transfer the contractor’s responsibilities to the Department; the contractor alone shall remain responsible for adjusting forces, equipment, and work schedules to ensure completion of the work within the contract time; iv. guaranty that the contractor can perform the work as scheduled; or

v.waive the contractor’s obligation to provide notice in accordance with Section 104.3 ,

Notification of Contract Changes .

h.If the contractor or the engineer discovers an error after the engineer approves the schedule,

correct the error in the next schedule submission. SUBCONTRACTING, NTP, PROGRESS SCHEDULES, SECTION 108 TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION 65 i. The engineer may withhold payment of the Initial Expense pay item until the initial barchart schedule or initial baseline schedule is approved.

j.Incorporate weather into the progress schedule. The contractor may include weather by

providing weather days in the schedule calendar or by increasing activity durations. The Department will not allow the contractor to include time for weather in the fo rm of a weather activity at the end of the scheduled work or by distributing weather activities throughout the schedule.

k.Identify State of Delaware holidays in the schedule as non -workdays in the schedule calendar.

l.Ensure that the project schedule complies with maintenance of traffic restrictions.

3.Early Completion.

a.The Department allocates its resources to a contract based on the contract time. The engineer

may approve an early completion schedule, but the Department cannot guaranty it will have the resources available to support the contractor’s early completion schedule. The Department will consider delays to the contractor’s early completion schedule resulting from the Department’s inability to support the schedule as non -excusable and non -compensable.

b.If the engineer approves an early completion schedule, the Department will classify the time

between the scheduled early substantial completion date and the contract substantial completion date as float.

c.If the contractor experiences an excusable, non -compensable delay that does not delay the

scheduled substantial completion date to a date later than the contract substantial completion date, the contractor is not entitled to a time extension for such de lays.

d.If the contractor experiences an excusable, compensable delay that does not delay the

scheduled substantial completion date to a date later than the contract substantial completion date, the contractor is not entitled to a time extension or compensation for the delay.

4.Float Ownership and Sequestered Float.

a.Float is a shared commodity available to the project and is not for the exclusive use of any

party.

b.Do not sequester float. Examples of prohibited float sequestration include:

i.Relationships between unrelated activities.

ii. Overly restrictive relationships between activities. iii. Activities with excessively long durations.

B.Barchart Schedules.

1.General.

a.Submit a barchart schedule, unless a pay item is provided in the bid proposal for a CPM

schedule.

b.Include barchart activities that show:

i.Essential work features;

ii. procurement, including submittals that require engineer review time; SUBCONTRACTING, NTP, PROGRESS SCHEDULES, SECTION 108 TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION 66 iii. third party activities related to the contract; iv. all work completing within the contract time; and

v.the critical path; the Department understands that the critical path through a barchart

schedule is based on judgment and not on computer analysis.

2.Baseline Barchart Schedule.

a.At least 7 calendar days before the preconstruction meeting, submit the baseline barchart

schedule to the engineer.

b.Within 7 calendar days of receipt of the baseline barchart schedule, the engineer will respond

by either approving the schedule, rejecting the submission and identifying the reasons for rejection, or asking for more information.

c.Include the entire project scope of work in the baseline barchart schedule.

d.Use the notice -to-proceed date as the data date of the baseline barchart schedule. If the

notice -to-proceed date is not known, then use an assumed date until the actual notice -to- proceed date is known.

e.Do not show actual progress in the baseline barchart schedule.

f.For the first resubmittal and all subsequent resubmittals, re -submit the corrected baseline

barchart schedule addressing all of the Engineer’s comments within 7 calendar days of receiving the comments.

g.The engineer will respond within 7 calendar days of receipt of the resubmitted baseline

barchart schedule by approving the baseline barchart schedule, rejecting the baseline barchart schedule and identifying the reason(s) for rejection, or asking for mo re information.

3.Bi-Weekly Look Ahead Barchart Schedule.

a.Submit a bi -weekly look ahead barchart schedule depicting the work planned for the next 2 -

week period. The engineer will identify the day of the week for submission of the bi -weekly look ahead barchart schedule.

b.Include within the bi -weekly look ahead barchart schedule the description, duration, and

sequence of work activities, along with the planned hours of work for the next 2 -week period.

c.Base the bi -weekly look ahead barchart schedule on the approved baseline barchart schedule

or the approved revised barchart schedule.

4.Revised Barchart Schedule.

a.The engineer may request a revised barchart schedule when any one of the following events

occur:

i.There is a change that affects the critical path;

ii. the actual sequence of work is different from that in the approved baseline barchart or revised schedules; iii. the scheduled substantial completion date is delayed to a date more than 10 calendar days later than the contract substantial completion date; or SUBCONTRACTING, NTP, PROGRESS SCHEDULES, SECTION 108 TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION 67 iv. the engineer extends the contract time.

b.Include the following in the revised barchart schedule:

i.The actual durations and sequence of completed work activities;

ii. modifications to the sequence or durations of remaining activities; and iii. approved time extensions.

c.Show the completion of all remaining work within the remaining contract time in the revised

barchart schedule.

d.Submit the revised barchart schedule within 7 calendar days of receiving a written request

from the engineer.

e.The engineer will respond within 7 calendar days by approving the revised barchart schedule,

rejecting the schedule and identifying the reasons for rejection, or asking for more information.

C.Type 1 CPM Schedules.

1.Type 1 CPM Schedule Requirements.

a.Prepare and submit a Type 1 CPM schedule when a pay item for this schedule type is provided

in the bid proposal.

b.In addition to the requirements of Section 108.4.A., General, prepare a Type 1 CPM schedule

that complies with each of the following requirements:

i.Ensure that native electronic CPM schedule files submitted to the engineer will import

completely and accurately into the Oracle Primavera Unifier Software used by the Department. Provide native files in the XML format. ii. Use the following schedule settings:

(1)Calculate total float using finish float;

(2)select critical activities as the longest path;

(3)use the retained logic scheduling option;

(4)use project -level calendars, not global or resource calendars; and

(5)use project -level codes, not global - or EPS -level codes.

iii. Do not use user -defined fields. iv. Ensure that each activity:

(1)Possesses a unique activity description composed of a verb, object, and location;

(2)has at least 1 predecessor activity except for the first activity in the schedule;

(3)has at least 1 successor activity except for the last activity in the schedule;

(4)uses only finish -to-start relationships unless otherwise authorized in writing by the

engineer; and

(5)does not contain activity lags unless authorized in writing by the engineer.

v.Use only task dependent, start milestone, and finish milestone activity types.

SUBCONTRACTING, NTP, PROGRESS SCHEDULES, SECTION 108 TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION 68 vi. At a minimum, include CPM schedule activities that show:

(1)Notice -to-Proceed;

(2)mobilization;

(3)essential work features;

(4)procurement, including submittals that require engineer review time;

(5)third party activities related to the contract;

(6)substantial completion;

(7)all work completing within the contract time; and

(8)the critical path.

vii. Use project -specific activity codes in place of WBS. viii. Assign each activity to one of the project -specific calendars as identified in the following Table . Table 108.4 -1. Acceptable CPM Schedule Activity Calendars. Calendar Name Non -workdays Standard 5 -day workweek Weekends and holidays 7-day workweek None ix. Obtain the engineer’s written authoriz ation before using activity calendars other than those listed in Table 108.4 -1.

x.Use the schedule file naming convention depicted in the following Table 108.4 -2. If the

schedule submission is not approved, name the resubmitted files as shown in the table. The #### -### indicates a placeholder for the State Project Number. Table 108.4 -2. CPM Schedule Filename Convention. Schedules 1st Version 2nd Version 3rd Version Baseline Schedule (All Schedules until it is Accepted as Baseline) #### -###-BASE -1 #### -###-BASE -2 #### -###-BASE -3 1st schedule update #### -###-UP01 2nd schedule update, etc. #### -###-UP02 1st revised schedule #### -###-RS01 -1 #### -###-RS01 -2 #### -###-RS01 -3 1st Update to revised schedule, etc. #### -###-RUP01

2.Baseline Type 1 CPM Schedule.

a.At least 7 calendar days before the preconstruction meeting, submit the baseline Type 1 CPM

schedule to the engineer.

b.Within 7 calendar days of receipt of the baseline Type 1 CPM schedule, the engineer will

respond by either approving the schedule, rejecting the submission and identifying the reasons for rejection, or asking for more information.

c.Include the entire project scope of work in the baseline Type 1 CPM schedule.

SUBCONTRACTING, NTP, PROGRESS SCHEDULES, SECTION 108 TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION 69 d. Use the notice -to-proceed date as the data date of the baseline Type 1 CPM schedule. If the notice -to-proceed date is not known, then use an assumed date until the actual notice -to- proceed date is known.

e.Do not show actual progress in the baseline Type 1 CPM schedule.

f.For the first resubmittal and all subsequent resubmittals, re -submit the corrected baseline

Type 1 CPM schedule addressing all of the Engineer’s comments within 7 calendar days of receiving the comments.

3.The engineer will respond within 7 calendar days of receipt of the resubmitted baseline Type 1

CPM schedule by approving the baseline Type 1 CPM schedule, rejecting the baseline Type 1 CPM schedule and identifying the reason(s) for rejection, or asking for more information.

D.Type 2 CPM.

1.Type 2 CPM Schedule Requirements.

a.Prepare and submit a Type 2 CPM schedule when a pay item for this schedule type is

provided in the bid proposal.

b.In addition to the requirements of Section 108.4.A., General, prepare a Type 2 CPM schedule

that complies with good scheduling practice as described in the most current edition of the AGC’s Construction Planning & Scheduling Manual and each of the following requirements. If the AGC’s manual conflicts with the contra ct, the contract takes precedence:

i.Ensure that native electronic CPM schedule files submitted to the Engineer will import

completely and accurately into the Oracle Primavera Unifier Software used by the Department. Provide native files in the XML format. ii. Use the following schedule settings:

(1)Calculate total float using finish float;

(2)select critical activities as the longest path;

(3)us the retained logic scheduling option;

(4)use project -level calendars, not global or resource calendars; and

(5)use project -level codes, not global - or EPS -level codes.

iii. Do not use user -defined fields. iv. Ensure that each activity:

(1)Possesses a unique activity description composed of a verb, object, and location;

(2)has a duration expressed in no more than 20 working days unless otherwise authorized in

writing by the engineer;

(3)has at least 1 predecessor activity except for the first activity in the schedule;

(4)has at least 1 successor activity except for the last activity in the schedule;

(5)uses only finish -to-start relationships unless otherwise authorized in writing by the

engineer; and

(6)does not contain activity lags unless authorized in writing by the engineer.

SUBCONTRACTING, NTP, PROGRESS SCHEDULES, SECTION 108 TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION 70 v. Use only task dependent, start milestone, and finish milestone activity types, vi. Include no more than 20 percent critical activities and no more than 30 percent near -critical activities, unless otherwise authorized in writing by the Engineer. vii. At a minimum, ensure that the CPM schedule includes activities for the following items:

(1)Notice -to-Proceed;

(2)mobilization;

(3)project milestones such as phase and traffic switch start or finish dates specified in the

contract and availability dates specified in the contract;

(4)submittal, review, and approval activities, including time periods for the engineer’s

approval activities using approval durations in accordance with the contract;

(5)fabrication, delivery, installation, testing, and similar activities for materials, plants, and

equipment;

(6)earth settlement or surcharge periods;

(7)utility notification and relocation;

(8)right -of-Way acquisitions;

(9)durations for receipt of permits;

(10)all construction work;

(11)substantial completion; and

(12)project completi on.

viii. Use only “Finish on or Before” activity constraints and apply only to contract -required milestones or completion dates, unless otherwise authorized in writing by the engineer. ix. Use project -specific activity codes in place of WBS.

x.Ensure that each activity is assigned an activity code value for each of the following activity

codes. Examples of acceptable activity code values for each of the activity codes are listed below each mandatory activity code:

(1)Phase (for example)

• Phase 1 • Phase 2 • Phase 3

(2)Stage (for example)

• Stage 1 • Stage 2 • Stage 3

(3)Responsibility (for example)

• Name of general contractor SUBCONTRACTING, NTP, PROGRESS SCHEDULES, SECTION 108 TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION 71 • Department • Names of Subcontractors

(4)Location (for example)

• Station 100+00 to 110+00 • Station 110+00 to 120+00 • East Abutment • West Abutment

(5)Work type (for example)

• Concrete • Drainage • Earthwork

(6)Crew (for example)

• Electrical subcontractor • Earthwork Crew 1 • Earthwork Crew 2 xi. Assign each activity to one of the project -specific calendars as identified in the following Table 108.4 -3. Table 108.4 -3. Acceptable CPM Schedule Activity Calendars Calendar Name Non -workdays Standard 5 -day workweek Weekends and holidays 7-day workweek None xii. Obtain the engineer’s written authorization before using activity calendars other than those listed in Table 108.4 -3. xiii. Use the schedule file naming convention depicted in the following Table 108.4 -4. If the schedule submission is not approved, name the resubmitted files as shown in the table. The #### -### indicates a placeholder for the State Project Number. Table 108.4 -4. CPM Schedule Filename Convention Schedules 1st Version 2nd Version 3rd Version Baseline Schedule (All Schedules until it is Accepted as Baseline) #### -###-BASE -1 #### -###-BASE -2 #### -###-BASE -3 1st schedule update #### -###-UP01 2nd schedule update, etc. #### -###-UP02 1st revised schedule #### -###-RS01 -1 #### -###-RS01 -2 #### -###-RS01 -3 1st Update to revised schedule, etc. #### -###-RUP01 SUBCONTRACTING, NTP, PROGRESS SCHEDULES, SECTION 108 TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION 72 xiv. Eliminate instances of out -of-sequence progress on the critical path and near -critical paths in monthly schedule updates and revised schedules.

2.Scheduling Representative.

a.Designate a scheduling representative before submitting the baseline schedule.

b.Submit the scheduling representative’s qualifications to the engineer for approval.

c.Propose a scheduling representative with at least 3 -years of verifiable experience preparing

and maintaining CPM project schedules on contracts of similar size and complexity.

d.The engineer’s approval of the scheduling representative is required before the engineer will

accept the baseline schedule.

e.Replacement of the scheduling representative requires the engineer’s written approval.

f.The scheduling representative is:

i.The person primarily responsible for development and maintenance of the CPM schedule;

ii. the contractor’s representative in all matters that concern the schedule; iii. the contractor’s designated attendee to schedule -related meetings; and iv. the scheduling representative shall know the status of work throughout the project’s duration.

3.Initial Baseline Schedule.

a.The engineer will use the initial baseline schedule to monitor progress until the engineer

approves the baseline schedule.

b.Submit a written request to the contractor to waive the requirement for an initial baseline

schedule and provide the baseline schedule instead. Submit the baseline schedule in accordance with the time limits of the initial baseline schedule. The enginee r will review the baseline schedule in accordance with the time limits for the baseline schedule.

c.The initial baseline schedule is a detailed CPM schedule, prepared to the same standards as

the baseline schedule, but only for the first 60 -days of the project.

d.The contractor may use summary level activities with durations greater than 20 -workdays

depicting the work after the first 60 -days.

e.Establish the data date of the initial baseline schedule as the project’s anticipated notice -to-

proceed date.

f.Do not include actual progress in the initial baseline schedule.

g.At least 7 calendar days before the preconstruction meeting, submit the initial baseline

schedule to the engineer for review.

h.The engineer will respond within 14 calendar days by approving the initial baseline schedule,

rejecting the schedule and identifying the reason for rejection, or asking for more information.

4.Baseline Schedule.

a.Include the entire scope of work in the baseline schedule.

SUBCONTRACTING, NTP, PROGRESS SCHEDULES, SECTION 108 TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION 73 b. Ensure that the first 60 -days of work depicted in the baseline schedule are identical to the first 60-days of work depicted in the initial baseline schedule.

c.Provide a baseline schedule that is a detailed CPM schedule for the entire project duration.

d.Use the project’s notice -to-proceed date as the baseline schedule data date.

e.Do not include actual progress in the baseline schedule.

f.Within 30 calendar days of the preconstruction meeting, submit the baseline schedule to the

engineer for review. The engineer will respond within 21 calendar days of receipt of the baseline schedule by approving the baseline schedule, rejecting the baselin e schedule and identifying the reasons for rejection, or asking for more information.

g.Submit the first resubmittal and all subsequent resubmittals of the corrected baseline

schedule addressing the engineer’s comments within 7 calendar days of receiving the engineer’s comments.

h.The engineer will respond within 7 calendar days of receipt of the resubmitted baseline

schedule by approving the baseline schedule, rejecting the baseline schedule and identifying the reasons for rejection, or asking for more information.

E.Type 1 and Type 2 CPM Monthly Schedule Updates.

1.Submit monthly schedule updates every month after approval of the baseline schedule.

2.Provide the first monthly schedule update as an update of the baseline schedule with a data

date coordinated with the date of the pay estimate.

3.Submit monthly schedule updates on the same business day each month.

4.Before submitting the monthly schedule update each month, meet with the engineer to review

and agree on the progress achieved in the previous month. Show the progress agreed upon in the meeting in the monthly schedule update. Include actual start dates, actual finish dates, and the new remaining durations for activities that show as started and continuing.

5.Other than updating for actual progress, minimize the number of revisions to the monthly

schedule update. Describe the reason for changes to the schedule in the written narrative submitted with the monthly update schedule.

6.The engineer has the authority to reject revisions made to the monthly schedule update.

7.Submit monthly schedule updates within 10 calendar days of the schedule data date.

8.The engineer will respond within 10 calendar days of receipt of the monthly schedule update by

approving the monthly schedule update, rejecting the monthly schedule update and identifying the reason for rejection, or asking for more information.

9.Continue to submit monthly schedule updates even if the engineer has not approved the

previous monthly schedule update.

10.The requirements for the monthly schedule updates are, other than these requirements, the

same as for the baseline schedule.

F.Type 1 and Type 2 CPM Revised Schedule.

1.Do not perform work in a sequence or durations substantially different from the sequence and

durations depicted on the approved baseline schedule or monthly schedule updates. SUBCONTRACTING, NTP, PROGRESS SCHEDULES, SECTION 108 TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION 74 2. Submit a revised schedule if one of the following occurs:

a.The contractor decides to substantially deviate from the sequence or durations of planned

work in the current monthly schedule update;

b.the engineer asks the contractor to show how it will recover a forecast completion date that is

delayed more than 14 calendar days from the dates established by the contract time;

c.the engineer concludes that there is a substantial difference between the actual sequence or

actual duration of the work, and the work as depicted in the monthly schedule update;

d.the issuance of a change order revises the planned sequence of work or the method and

manner of its performance;

e.the engineer extends the contract time; or

f.there are significant changes to the critical path or near -critical paths.

3.A contractor shall not interpret a Department directive to prepare a revised schedule as a

directive to accelerate the work.

4.If the engineer requests a revised schedule, submit the revised schedule within 7 calendar days

of the request.

5.The engineer will respond within 10 calendar days of receipt of a revised schedule by approving

the revised schedule, rejecting the revised schedule and identifying the reasons for rejection, or asking for more information.

6.The requirements for the revised schedule are, other than these requirements, the same as the

baseline schedule.

G.Type 1 and Type 2 CPM Schedule Submission Requirements.

1.Provide a written narrative for each schedule submittal in accordance with the following:

a.For the initial baseline, baseline, and revised schedules, provide:

i.An explanation of the overall plan to complete the project, including where the work will

begin and how work and crews will flow through the project; ii. the working days per week, number of shifts per day, number of hours per shift, the holidays anticipated by the contractor, and how the schedule anticipates weather days; iii. a statement describing the status of required permits; iv. a description of the number of crews and planned production rates for critical activities and near -critical activities;

v.a list of activities requiring coordination with the Department or third parties, such as

utilities; vi. a statement identifying constraints and an explanation of the purpose of each constraint; vii. a statement describing the reason for the use of each lag; and viii. a list of the key limited equipment or labor resources.

b.For monthly schedule updates and revised schedules, provide:

SUBCONTRACTING, NTP, PROGRESS SCHEDULES, SECTION 108 TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION 75 i. The status of the contract completion dates compared to the contract -required dates and compared to the dates forecast in the previous schedule submission; ii. a statement explaining why the contract completion dates are forecast to occur before or after the dates established based on the contract time; iii. a description of the reasons for the schedule revisions; iv. a statement describing the status of permits;

v.a description of the status of activities requiring coordination with the Department or third

parties, such as utilities; vi. a description of unusual labor, shift, equipment, or material conditions or restrictions encountered or anticipated since the previous schedule submission; vii. a statement identifying new or revised constraints and an explanation of the reasons for the revisions; and viii. a statement describing the reason for the use of new or revised lags.

2.Gantt Charts.

a.Provide the following Gantt chart printouts in .pdf format with each CPM schedule

submission:

i.An “All Activities Printout” showing all activities grouped by phase, stage, and location, with

the critical path activities shown in red; ii. a “Critical Path Printout” showing the critical path to substantial completion; iii. a “Near -Critical Printout” showing all near -critical activities grouped by total float values; and iv. any other CPM schedule printouts requested by the engineer.

3.Gantt Chart Printout Information.

a.Ensure that each Gantt chart printout contains the following columns:

i.Activity ID;

ii. activity Name; iii. original duration (OD); iv. remaining duration (RD);

v.start;

vi. finish; and vii. total float.

b.The schedule shall also show a title block with the following:

i.Data date;

ii. run date; and iii. CPM schedule name. SUBCONTRACTING, NTP, PROGRESS SCHEDULES, SECTION 108 TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION 76 H. Method of Measurement

1.The Department will consider the cost of providing a bar chart project schedule as incidental to

the contract.

2.The Department will consider CPM baseline schedules as complete and ready for payment when

the engineer approves the initial baseline and baseline schedules. The Department will pay the lump sum amount in the proposal.

3.The Department will consider CPM monthly update schedules, revised schedules, or the

schedule incorporating a time impact analysis as required by Section 108.7, Extensions of Contract Time, as complete and ready for payment when the engineer approves the schedule. The Department will pay the lump sum amount in the proposal for schedule updates, for revised schedules, and schedules incorporating a time impact analysis as required by Section 1 08.7 , Extensions of Contract Time, after the engineer’s approval .

I.Basis of Payment

ITEM DESCRIPTION UNIT 763001 Baseline Schedule (Type 1) LS 763002 Monthly Update Schedule (Type 1) Each 763003 Baseline Schedule (Type 2) LS 763004 Monthly Update Schedule (Type 2) Each

108.5Traffic Requirements and Contractor's Operations; Completing Work.

Schedule and conduct work to ensure the least interference with traffic. Do not open up work to the prejudice or detriment of work already started. The engineer may require the contractor to finish a section work in progress before starting work on any add itional sections.

108.6Preference for Delaware Labor; Character of Workers and Equipment; Specified Construction

Methods.

A.In the construction of all public works for the State or any political subdivision thereof, or by

persons contracting with the State or any political subdivision thereof, give preference in employment of laborers, workers, or mechanics to bona fide lega l citizens of the State who have established citizenship by residence of at least 90 -days. Each public works contract for the construction of public works for the State or any political subdivision thereof will contain a stipulation that any person, compan y, or corporation who violates the provisions of this section shall pay a penalty to the Treasurer of the State of Delaware equal to the amount of compensation paid to any person in violation. The requirement to give preference to Delaware laborers, workers, or mechanics will not apply to federally funded contracts.

B.If the engineer decides an employee is careless, incompetent, or obstructs the progress of the

work, discharge the employee upon the engineer’s request. Do not employ that person on the contract or any other DelDOT contract, without the engineer’s writt en consent.

C.Do not use equipment that damages the work, adjacent property, or public roads. When the

contract specifies that the contractor use certain methods and equipment, use alternatives only after providing the engineer with a written request and obtaining th e engineer’s approval. If the

Source: Delaware Standard Specifications for Road and Bridge Construction, 2025 Edition. Pages 69–86 of 779.

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104.2 B., Significant Changes in the Character of Work, the Department will pay the

104.10 Additional Utility Relocations Required by the Department; Restoration of Surfaces Opened by