What are the Requirements for Seller “Turnover” of Contract Products to the Buyer?
| Unfortunately for more times than I can count, the term “turnover” [or "handover"] has become commonly used to describe a process for the Seller to transfer contract products to the Buyer. Unless “turnover’ is defined in the Contract or clarified via Request For Information, the term is subject to arbitrary interpretation by Buyer and Seller. In Contracts that are part of my rail transit project experience, “turnover” is not defined but it may be analogous to requirements for Substantial Completion (SC) and to Final Completion (FC). SC is the earliest date the Seller’s product meets its intended use by the Buyer. FC is latest date for the Seller meeting all requirements for Buyer’s final acceptance of the Seller’s work. Substantial Completion is a contractual milestone that consists Buyer acknowledging Seller completion of work minus punchlist (minor repairs and touch ups) and the completed work is suitable for intended use and operation by the Buyer. Seller’s deliverables for SC includes Buyer’s review and acceptance of reports on all test and inspections, punchlist, closure of permits, issuance of certificate for occupancy/code compliance, completed submittals, and on resolution of Quality - Non Conformance Reports and Observations. Final Completion is a contract milestone that consists of Buyer acknowledging Seller completion of all construction and all technical and contractual deliverables. Technical deliverables include Certificate of Construction Completion, Certificate of Construction Compliance, as-built drawings, O&M Manuals, warranty, training, software, spare parts, asset management. Contractual deliverables include final change orders, final payment, waiver of liens, confirmation of all payments for vendors and subcontractors, and reports on certified payroll and other reports for use of disadvantages and small businesses. While not associated with “turnover”, Construction Completion is a contract milestone that consists of Buyer acknowledging Seller completion of the punchlist. This also includes directing the Seller to submit its invoice request for final payment on the balance of the 100% EVM in the payment schedule previously approved by the Buyer. TIP: Project participants need to use only terms that are clearly defined in the Contract, and diligently avoid creating ambiguity by introducing terms outside of the Contract. TIP: Contract milestones dates, definitions and processes for Notice by Seller to Buyer on completing the work to meet the milestone are described in Provisions Related to Time. TIP: Contract payment definitions, deliverables and processes for Request by Seller to Buyer for payments are described in Provisions Related to Payments. TIP: Requirements for technical deliverables are described in specifications that make up the technical portion of the Contract. TIP: Requirements for deliverables content, format and timeframes for Seller’s submission and Buyer’s review are described in the Division 1 [general] specifications. TIP: The Buyer’s Project Management Plan may be useful in establishing the activities, sequencing and timeframes for coordinating Seller’s delivery of spare parts and software. |
Commissioning & Its Importance on Rail Transit Projects
| Recently a colleague in a leadership position on a rail transit project said, they do not understand the importance of testing. This came after a project meeting, where incorporating more activities for Commissioning Acceptance and Maintenance Plan (CAMP) into the Detailed Contract Schedule (DCS) was discussed. At the meeting, the feedback from the contractor’s Project Controls leader indicated that activities for inspection, testing and CAMP deliverables should not be in the DCS. In a previously posted article regarding Best Practices for Commissioning Acceptance and Maintenance Plan (CAMP), the Commissioning component was described as: Commissioning: This is the pre-requisite activities and deliverables for starting the CAMP package and deliverables for Acceptance, and it is the Buyer’s (Owner) process for verification of project/contract scope and the Seller’s (Contractor) compliance with requirements. The activities typically include Factory Acceptance Testing (FAT), On-Site Acceptance Testing (SAT), In-progress Inspections, Start-Up and Burn-In. Commissioning activities should be integrated into Project Control schedules and Quality Plans, which contain quality control inspection and test plans. This article expands on the Commissioning element of the CAMP process and deliverables and it describes the importance on rail transit projects. The project assets typically include track switches and machines, signal systems, traction power systems, signal power systems, communication systems and security systems. Commissioning-Inspection and Testing Inspections and testing of the contract product and deliverables is essential for demonstrating the work meets the contract and is ready for final acceptance. The inspection and testing requirements are defined by the Owner or its designated Designer of Record (DOR) in the contract documents and in project plans.
With exception of ITPs, all of the inspections and tests require integration with interdependent construction activities to determine baseline dates. As construction progress is updated in the DCS, changes in dates for inspections and testing may occur. Best Practices - Commissioning
TIP: Requirements for Project Management Plans can be found at several resources including www.transit.dot.gov [Federal Transit Administration] and www.PMI.org [Project Management Institute.] TIP: On large projects, FATs, SATs and FAIs need to be coordinated to avoid conflicts and to assure personnel and travel arrangements can be available for inspection and testing dates. TIP: FATs and SATs require advance review and approvals of the scope and procedures. At least 60 days notice/submittal reviews prior to the anticipated dates should be shown on the DCS. TIP: For project work on system expansions, most of the SIT can be done while maintaining operations on other parts of the system. TIP: For project work that is performed on an operating system, the SIT will need detailed staging and require an Owner to make operational changes to accommodate testing. |
Contract Integration on Rail Transit Projects
| On rail transit projects with multiple design and construction contracts, a key project management function is Contract Integration. Typically, a contract has specific performance milestones for delivering services and furnishing systems, products and tangible assets to complete the work. The work activities, durations and sequencing of predecessor and successor work are defined in the detailed contract schedule, which is used to report progress and determine payments to the contractor. When multiple contracts are executed under a single project with a fixed budget and end date, the interfaces between contracts is critical to organizing and monitoring the work to ensure it is executed in the same manner as-designed. A Project Manager (PM) or designated Integration Manager will define the specific interfaces between the contracts, identify the activities that are linked to the interfaces, and create a Contract Integration Plan (CIP). The CIP, which is a supplement to the Project Management Plan (PMP), is used by the PM to monitor and maintain the sequence of contract progress and manage risks that impact the overall project schedule. Contract integration is a cross-functional management activity that connects knowledge of processes, input/outputs, and tools and techniques from several areas of PMI’s Construction Extension to Project Management Body of Knowledge, such as Scope Management, Time Management and Risk Management. In rail transit construction, contract integration can be performed by any one of several members of the project team, including PM and staff, Contract Officer/Manager, Scheduler and Risk Manager. However, contract integration requires the team acquire a thorough understanding of:
While the PM will assign the responsibility to a single team member, the entire project team should be aware of the function and the key markers that will be established to monitor the interfaces between contracts. The scopes of contract packages are developed for execution in a certain sequence to achieve project scope realization by the time the last contract is completed. The planned sequence of construction contracts is heavily dictated by the physical reality of the project environment, available means and methods, and the space within the project envelope. Those physical considerations will determine the key interfaces between each contract as well as a confidence level that the project plan and schedule can be properly executed. A simple method to implement contract integration on a project is to: A) Identify and describe the interfaces between contracts. PM will manage the development of the contract documents. Based on the contract scope and performance requirements, PM will prepare a simple statement such as Contract A for the system must complete submittals before Contract B for the equipment foundation is awarded so the weight and loading of the system equipment and the footprint can be finalized for constructing the foundation. The Interfaces may include contracts under other projects that are adjacent to the Project envelope. If part of a Program, the interfaces may include connections to predecessor and successor projects. An example interface is - Contract E for the Control Center can not be completed until Contract D for the fiber Optic Network under another project is completed and available to connect into the Control Center. B) Create a Master Project Schedule (MPS) with milestones or constraints linking the contracts to specific activities and dates. PM will create an Integration Management Plan (IMP) that describes the interface and the connected contracts. PM will assure the interfaces are shown in the MPS and that they are properly link in the approved detailed contracts schedules for each contract. The interfaces will create specific connections to activities in each project contract and as needed, interfaces to specific milestones in contracts on other project adjacent to the Project envelope. As the MPS is updated for progress, changes in activities dates may show variances between milestone dates and forecast milestone dates. C) Establish the monitoring methods, schedule variance metrics and triggers, and the frequency for assessing any impacts to the dates based on progress updates or changes to the contract schedules. PM will define the integration management responsibility in the PMP and incorporate the MPS milestones interfaces into the Risk Management Plan (RMP). This may be discussed at monthly progress meetings, quarterly updates for the risk management plan, and at PMO Quality Management System Meetings. D) Describe the mitigation for impacts to milestones or constraints created by contractors’ progress that varies from the planned schedule. PM will create a CIP that describes the interface and the connected contracts and the actions required to address schedule variance for interface dates. As the CIP identifies interfaces, the RMP will be updated for the risk that contract interfaces are changed along with qualitative judgment on probability and impact. As theses risks are triggered, PM will lead the development of solutions, analyze the solutions and alternatives, assess threats and opportunities to other contracts and projects, and select/present to PMO the best value decision. Due to critical nature of construction schedules, the solution development process should be completed within the PM’s progress reporting period. E) Prepare a response action for solutions that require changes to contract milestones. PM will develop the response action for the RMP, which will detail the cost, schedule and scope impacts from the triggered risk. Interfaces with contract schedule variances that can not be mitigated will require changes in project end-date. Under the RMP, the PM will execute the response plan, which will implement changes to cost, schedule and scope on the affected contracts, and as needed, to the Project and to any other projects with interfaces. TIP: Before developing the CIP, ensure that the project has developed the prerequisite project documents such as Project Charter, PMP, and a Procurement Plan/Contract Packaging Plan TIP: Contracts can include labor agreements for work conducted by the Owner’s in-house labor forces, which are governed by Owner’s collective bargaining agreements with the unions with jurisdiction for the work. TIP: Before validating the project schedule and milestones and finalizing the CIP, obtain the Owner’s organizational process and forms to support the proposed procurement acquisition and delivery methods for authorizing work by contractors and in-house forces. TIP: The responsibility for contract integration maybe best handled by the PM with support from a Scheduler or Project Coordinator providing monthly updates on key marker activities in the Master Schedule. TIP: Best value decisions should not seek to reduce the project scope or create dramatic changes in a Program. However if it does, a thorough review of interfaces should produce a Lessons Learned that may include updating the planning and executing of projects and the packaging and sequencing of contracts. |
Success Factors for a PMO is Much More Than Fire Charts
| The Project Management Institute’s (PMI) - Project Management Body of Knowledge (PMBOK) contains a framework for the management elements for effective planning, initiating, monitoring and controlling and closing projects. PMBOK defines the PMO as “a management structure that standardizes the project-related governance processes and facilitates the sharing of resources, methodologies, tools and techniques.” PMOs support project managers by providing services that make project management processes effective and efficient. The services include governance, knowledge transfer, work environment, training and continuing education of project professionals, and tactical and strategic products such as schedules, estimates, progress report, performance analysis, process/procedures management, records management, knowledge management, personnel administration, resources planning, backlog plans and program development for future projects. “Project management is an added value service.” A PMO that is solely focused on performance data and schedule may fall short of the PMI-PMBOK expectations. The short PMO may excel at defining metrics, collecting data, measuring the data to performance goals, and on creating “Fire Charts” that must address the red, yellow and green activities extracted from the Critical Path Schedule. While this is an important function of the PMO, it must be balanced with other project management knowledge, skills and judgment in other areas, such as integration, requirements, stakeholder management, procurement, risk, safety/security, and human resources. The PMO silo adds another organizational level between the project manager and the organization’s management. A holistic and effective PMO requires organizational resources - staff, equipment, facilities, institutional knowledge, and qualified project management staff that is accountable for explaining to the PMO governance the variances and corrective actions to improve performance to metrics. PMI’s Agile Practice Guide states “The PMO exists to shepherd business value throughout the organization.” Standard management practices have always included measuring performance to critical metrics for cost, schedule, quality, safety and security. Depending on the project domain, the practices will be enhanced by the PMO for the project business case and be integrated with the business’ management organization and functional Models for processes and procedures. A PMO is best comprised of personnel with:
“Pencils fit where hammers don’t.” Introducing a complex record management system and a new reporting Model with numerous charts and graphs will initially get attention to data and the need to expedite actions to better meet goals. But it may not be the best strategy for improving long term performance of projects. Fire Charts use colors to highlight various metrics. Red highlights are used for performance metrics on issues or action items that are late, overspent, have missed critical dates on goals and decisions, or that indicate a negative risk event is triggered. Yellow highlights are used for items nearing monitoring thresholds that indicate a performance problem. Green highlights are used for issues and action items that are making progress within accepted ranges for performance. Ideally, Fire Charts should show less Red performance conditions for events and more Yellow and Green. As corrective action resolves Red events, the PMO should conduct a review to determine if there is a deeper Lessons Learned. The Lessons Learned may initiate a change in processes or procedures so the risk of the Red event can be eliminated or routinely mitigated during the current and future projects under the management of the PMO. “It’s just bad management.” Conversely, Fire Charts that continue to increase Red performance conditions indicate that the Model may not reflect the environment, or that the PMO and project management tools, processes and procedures are not effective. Like repeating positive outcomes for resolving Red events, the PMO needs to review negative outcomes and make changes that allow project managers and the PMO improve performance metrics - less Red and more Yellow and Green highlights. The primary services by PMOs are related to groupings of projects, and they directly impact the performance of project teams and the results delivered by the projects. In some cases, the PMOs becomes a part of the organization’s structure and its business plan that integrates processes for maintaining and building infrastructure in-line with the core business product and its strategy for achieving business goals. Dinsmore in Human Factors in Project Management compares project management and on-going management: “Running projects calls for specialized managerial approaches to avoid pitfalls. General managerial principles, while applicable to projects, must be tailored to accommodate each project’s unique traits. The special needs of the project team, which are different from those of operations personnel, must also be fulfilled. Ongoing ventures require long range planning and marketing, thus setting for long-range survival. Projects are finite, complex and call for task oriented approach.” “They don’t know what they don’t know.” But for projects, programs and portfolios, the distinction between project management and on-going operation management becomes increasing blurred as the extent of scope and duration of project work comes close to or surpasses the organization’s product cycle. At this point, the function of managing projects and operations become even more aligned with requiring long range planning, marketing, financing, and execution and realization [business] plans. Under these circumstances, the project knowledge, business skills, management competence and leadership IQ of the PMO staff must meet the highest proficiency in project management and its working knowledge of operations within the organization. However, the quality of PMOs can vary just like any other business function that relies on management for creating, sustaining and growing an organization’s business. As Roadstrum stated in Excellence In Engineering – “Engineering work is project work”, it could be derived that “Organization management is project management.” And similar to organizational management, success factors for PMOs include:
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Transformations in Organizations and Transformational Projects
| Newpapers, industry magazines, corporate press releases and televisions sound-bites have introduced “transformation” and “transformational” into the lexicon of content in reporting on projects and describing corporate reorganizations. From behind podiums and microphones, executives and public officials are touting the benefits of transformational projects. The content typically emphasizes how the projects will transform the company, the region, the community and the products/services to customers. Some of the projects in the media include:
In the rail transit domain, the context may contain dramatic changes in the organization to improve operating performance or to re-energize the completion of major projects that change the existing products and services to customers. This may include system expansions with new terminals that advertise high-end property features and stores, and a new fleet with never before seen amenities, such as charging stations, video advertizing, new seating features, and CCTV monitoring operator and passenger compartments. On projects, the organization provides the input and the tools and techniques to accomplish the plan and realize the deliverables and benefits. Not surprising, transformational projects usually contain detailed analysis of the financial investment and forecast returns for the execution, start-up, operation and maintenance phases. Each of these phases may also require adjusting the organization’s operating model for staffing, training, facilities and furnishing, tools and equipment, and materials. Transforming an organization is different than the results from the output of the projects involving capital improvements, and it may require changes in culture, reporting structure, and processes and procedures. For these transformations, there needs to be a strategic framework for changing the current performance trends and to better aligning organizational assets with longer term goals and expectations for both short term and continued improvement in the quality of management and business operations. Some organizational changes in the media include:
Any change is an organization can be disruptive and create challenges to existing operations while improvements are defined and implemented systematically. The decided upon change should be the outcome of a thorough review of the existing organizational conditions, work flow problems and execution risks. Determining the transformation plan and proofing the end results will focus on: Validating the reported performance metrics and trends are correct and accurate Verifying and concurring changes are required to better align all activities and deliverables with the organization’s business plan and the organization’s assets including personnel, processes, procedures, tools, and techniques. The transformation should be undertaken as a project or a series of projects that when completed can mitigate conditions or solve the stated problem(s), and achieve the envisioned end results. The solutions should demonstrate improvements in the organization ability and confidence in achieving the short term and long term goals. Ideally, the plan will follow proven project management and quality management processes and methods and adhere to a defined lifecycle. However before finalizing a plan roll-out, the organization’s executives should perform a rigorous vetting of the plan to prove out assumptions, approve the approach and hold the project team accountable for the expected results. The transformation initiative must be carefully planned and executed with transparency throughout the organization’s reporting structure. The lessons for updating tools and techniques and adopting best practices learned from executing capital projects will be applied for transformation, including a proven communications plan and a strong scope management plan. An operating transformation in an organization will require a well defined communications plan covering:
The transformation plan will be complemented by strong project governance and highly skilled and experienced project staff. Since the transformation will likely require changes in existing practices, processes and procedures, it will be necessary to continue the existing operations while the transformation proceeds. As milestones and deliverables are achieved, changes will be systematically and deliberately implemented. The plan will identify the required training for personnel and the new equipment, tools, software and software licenses that will be installed, tested and ready for use. The scope of the transformation will focus on re-engineering management work flows, which are the root cause of poor performance metrics. The work flow reviews should include attributes and objectives such as:
Like project plans, the transformation milestones and dates should be realistic, measurable and achievable. In some cases, public sector transformations are the product of executive goals and government influencers. This often creates lofty promises and aggressive performance metrics that challenge an organization’s operating processes, its long established working culture, and the quality of personnel. These challenges and risks will need to be addressed as part of the transformation plans. Ideally, the format and content of the plans will resemble the Project Charter and Project Management Plan requirements from Project Management Institutes – Project Management Body of Knowledge (www.pmi.org) and Federal Transit Administration (www.FTA.dot.gov). |




