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700-010-z5 CONSTRUCTION 09/05 Notes: 1. Where percentages are used, the standard rules of rounding are to apply to calculate the nearest whole number. 2. Documentation (or document) unless otherwise noted is defined as Daily Report of Construction, Stop Work Orders, Speed Memos, or other such notes or communication in the project files or to the contractor from the CEI. Proper documentation on a daily basis is essential in providing an accurate, well established grade. 3. The term contractor includes the prime and all subcontractors and suppliers. The prime contractor is responsible for the quality of material, workmanship and timeliness for all work on the project. 4. Bonus points are available on categories 4, 7, and 9. Category 4 bonus points (6 points) and Category 9 bonus points (4 points) apply to all projects. Category 7 bonus points (2 points) apply only to projects over 300 days of allowable contract time. 5. Performance Deficiency Warning Letter — under normal circumstances, project personnel will notify the contractor of shortcomings/non-compliances with the contract prior to issuing a Performance Deficiency letter. However, blatant violations or noncompliances may result in a Performance Deficiency letter being issued without a warning. Prior to issuing a warning letter, the Project Administrator should discuss the performance concerns with the Resident Engineer. A single warning letter can be used to address concerns in more than one performance category. 6. Performance Deficiency Letter — letters from the Resident Engineer to the contractor for the sole purpose of addressing specific performance concerns or issues. This does not include those items previously covered under the definition of Documentation. Performance Deficiency letters shall be signed by the Resident Engineer and sent out via certified mail, return receipt requested. A single Performance Deficiency letter can be used to address concerns in more than one performance category. It is recommended that the Project Administrator keep a file for each project for all warning and deficiency letters. 7. The Performance Deficiency letter factor will apply for all jobs over one (1) year. The factor will be based on 365 days/year divided by the allowable contract time. This factor will then be multiplied by the number of Performance Deficiency letters in each grading category to obtain a "pro -rated" (annualized) number of Performance Deficiency letters. The standard rules of rounding will apply. For projects with contract time less than 365 days, the Performance Deficiency letter frequency and the corresponding grades shown in this document will apply. 365 days/year allowable contract days = Deficiency Letter Factor (DLF) # Deficiency letters issued "pro -rated" # deficiency letters for (DLF) x in a particular grading category = the particular grading category The Performance Deficiency letter factor example 365 days/year DLF # deficiency letters issued pro -rated # letters grade 500 allowable days = 0.7 x category 2 total 6 letters = total 4.2 DL = 4.0 8. Appeals process — if a contractor receives a Performance Deficiency letter and feels that it was not warranted, the contractor may appeal the issue at the District Construction Engineer (DCE) level within 10 days of receiving the letter. If an appeal is successful, the DCE will issue a letter rescinding the Performance Deficiency letter. In addition, for those performance categories that do not include the use of Performance Deficiency letters, the contractor may use the appeals process (for categories # 1, 4, and 8) when issued ten (10) days of the receipt of the letter to appeal performance issues/concerns for that month. The Department will communicate performance progress in categories # 1, 4, and 8 on a monthly basis. 9. Contractor Responsibility — the contractor is responsible to keep abreast of performance issues. This can be done by discussing performance with the Project Administrator on a daily basis, reviewing the Department's daily diaries and discussing contractor performance at the weekly progress meetings.