Common use of Compliance with the Schedule Clause in Contracts

Compliance with the Schedule. The Contractor will be required to proceed with the construction in a sequence that is consistent with the "Schedule of Operations" or to submit a revised schedule. Should the Contractor or any Subcontractor fail to maintain progress according to schedule or cause delay to another Contractor or Subcontractor, that Contractor or Subcontractor shall provide such additional manpower, equipment, additional shifts, or other measures as directed to bring the operations back on schedule. The Contractor shall employ and supply a sufficient force of workers, materials and equipment and shall prosecute the work with such diligence so as to maintain the rate of progress indicated on the approved schedule to prevent work stoppage and ensure completion of the project within the contract time. Any additional or unanticipated costs or expenses required to maintain the schedule shall be solely the Contractor’s obligation and shall not be charged to the Thruway Authority unless provided for in other provisions of the contract. In the Event a notice is received of a change to the contract which is likely to cause or is causing delays, the Contractor shall notify the Engineer, in writing, within 10 calendar days of the effect, if any, of such change, or extra work, or suspension or other conditions upon the Project Construction Schedule and shall state in what respects, if any, the Approved CPM Construction Schedule should be revised with the reasons therefore. The reasons for these revisions must be succinct, comprehensive, and factual to merit consideration.” Page 126: DELETE this section in its entirety and SUBSTITUTE the following: “Unless an extended time for completion has been granted, the completion of all work under this Contract shall be accomplished on or before the specified completion date for the entire project and the work shall be completed on the intermediate phases as required to provide the number of open traffic lanes specified by the dates specified. In order to comply with this requirement, the Contractor must employ sufficient forces of labor, materials, and equipment to progress the work in an expeditious manner. The Contractor’s attention is directed to the fact that multi-shift operations may be required. Also, the Contractor may elect to work at night in order to complete work by the specified phase or project completion dates. If night work operations are requested, the Contractor shall seek the Authority’s guidance. Unless otherwise stated in the Contract Documents, when electing to work at night, work shall be in accordance with Section 619-3.19 Nighttime Operations. The cost of furnishing any or all labor, protective measures, lighting and equipment necessary to accomplish the nighttime work operations to the satisfaction of the Engineer shall be included in the total sum bid for the Basic Work Zone Traffic Control.” Page 127: Subsection B. Liquidated Damages; DELETE the third sentence “Liquidated Damages will not apply to contracts containing no work within the roadway limits.” Page 128: ADD the following subsections:

Appears in 2 contracts

Sources: Addendum, Addendum