PROGRESS AND COMPLETION. 8.2.1 Contractor agrees that the Contract Time is reasonable for performing the Work and that Contractor is able to perform the Work within the Contract Time. .1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing in this Paragraph or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City. .2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) for the entire duration of the Contract Time. The above costs are included in Contractor’s Bid notwithstanding Contractor's anticipation of completion in fewer days than established by the Contract Time. .3 No increase in the Contract Sum shall be made or granted for Delay if Contractor completes the Work before expiration of the Contract Time. .4 No reduction in the Contract Sum shall be made nor will Contractor be required to remain on the Project Site if the Work is completed before expiration of the Contract Time. .5 The Construction Manager will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor and/or Contractor's designee shall be present at each meeting. Contractor may also be required to request attendance by representatives of Contractor’s suppliers, manufacturers and Subcontractors. 8.2.2 Except by agreement or instruction of City in writing, Contractor shall not commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by Contractor. Contractor’s obligations to commence the Work and to complete the Work within the Contract Time shall not be changed by the effective date of such insurance. 8.2.3 Contractor shall proceed expeditiously with adequate forces and shall achieve Final Completion within the Contract Time. If City determines and notifies Contractor that Contractor’s progress is such that Contractor will not complete the Work within the Contract Time, Contractor shall, immediately and at no additional cost to City, take all measures necessary, including working such overtime and additional shifts (other than City’s normal working hours of 8:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Saturday), to ensure that the Work is Substantially Completed within the Contract Time. Upon receipt of such notice from City, Contractor shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to City. Contractor shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred as a result of an acceleration of the Work. City may also take all necessary measures to prevent the need for subsequent accelerations of the Work. Contractor shall reimburse City, or City may withhold from payment due to Contractor, sums expended by City to perform such measures.
Appears in 20 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
PROGRESS AND COMPLETION.
8.2.1 Contractor agrees that the Contract Time is reasonable for performing the Work and that Contractor is able to perform the Work within the Contract Time.
.1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing in this Paragraph or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City.
.2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) for the entire duration of the Contract Time. The above costs are included in Contractor’s Bid notwithstanding Contractor's anticipation of completion in fewer days than established by the Contract Time.
.3 No increase in the Contract Sum shall be made or granted for Delay if Contractor completes the Work before expiration of the Contract Time.
.4 No reduction in the Contract Sum shall be made nor will Contractor be required to remain on the Project Site if the Work is completed before expiration of the Contract Time.
.5 The Construction Manager will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor and/or Contractor's designee shall be present at each meeting. Contractor may also be required to request attendance by representatives of Contractor’s suppliers, manufacturers and Subcontractors.
8.2.2 Except by agreement or instruction of City in writing, Contractor shall not commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by Contractor. Contractor’s obligations to commence the Work and to complete the Work within the Contract Time shall not be changed by the effective date of such insurance.
8.2.3 Contractor shall proceed expeditiously with adequate forces and shall achieve Final Substantial Completion within the Contract Time. If City determines and notifies Contractor that Contractor’s progress is such that Contractor will not complete the Work within the Contract Time, Contractor shall, immediately and at no additional cost to City, take all measures necessary, including working such overtime and additional shifts (other than City’s normal working hours of 8:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Saturday), to ensure that the Work is Substantially Completed within the Contract Time. Upon receipt of such notice from City, Contractor shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to City. Contractor shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred as a result of an acceleration of the Work. City may also take all necessary measures to prevent the need for subsequent accelerations of the Work. Contractor shall reimburse City, or City may withhold from payment due to Contractor, sums expended by City to perform such measures.
Appears in 16 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
PROGRESS AND COMPLETION.
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor agrees confirms that the Contract Time is a reasonable for period of performing the Work and that Contractor is able to perform the Work within the Contract Time.
.1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing in this Paragraph or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City.
.2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) for the entire duration of the Contract Time. The above costs are included in Contractor’s Bid notwithstanding Contractor's anticipation of completion in fewer days than established by the Contract Time.
.3 No increase in the Contract Sum shall be made or granted for Delay if Contractor completes the Work before expiration of the Contract Time.
.4 No reduction in the Contract Sum shall be made nor will Contractor be required to remain on the Project Site if the Work is completed before expiration of the Contract Time.
.5 The Construction Manager will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor and/or Contractor's designee shall be present at each meeting. Contractor may also be required to request attendance by representatives of Contractor’s suppliers, manufacturers and SubcontractorsWork.
8.2.2 Except The Contractor shall not knowingly, except by agreement or instruction of City the Owner in writing, Contractor shall not prematurely commence operations on the Site site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. Contractor’s obligations to commence The date of commencement of the Work and to complete the Work within the Contract Time shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a Notice To Proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Final Completion Substantial completion within the Contract Timecontract time.
8.2.4 When the Contractor proposes to schedule work on Saturdays and Sundays or legal holidays, written notification shall be given to the Architect and Owner within forty-eight (48) hours prior to that date.
8.2.4.1 The Contractor shall furnish adequate forces, construction plant, and equipment, and shall work such hours, including night shifts, overtime operations, and Sunday and holiday work as may be necessary to insure the prosecution of the work in accordance with the approved Progress Schedule and updates. If City determines the Contractor falls behind progress required in the Progress Schedule, the Contractor shall take such steps as may be necessary to improve its programs, and notifies the Owner may require the Contractor that Contractor’s progress is such that Contractor will not complete to increase the Work within number of shifts and/or overtime operations, day of work and/or the Contract Timeamount of construction plant, Contractor shall, immediately and at no all without additional cost to City, take all measures necessary, including working such overtime and additional shifts (other than City’s normal working hours the Owner under this Contract. Failure of 8:00 AM the Contractor to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Saturday), to ensure that the Work is Substantially Completed within comply with this provision shall be grounds for termination of the Contract Timeby the Owner in accordance with Paragraph 14.2. Upon receipt of such notice Direction from City, Contractor shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to City. Contractor Architect or Owner under this provision shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred construed by the Contractor as a result of an acceleration of the Work. City may also take all necessary measures to prevent the need for subsequent accelerations of the Work. Contractor shall reimburse City, or City may withhold from payment due to Contractor, sums expended by City to perform such measuresacceleration.
Appears in 11 contracts
Sources: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement
PROGRESS AND COMPLETION.
8.2.1 By signing the Contract, Contractor agrees represents to District that the Contract Time is reasonable for performing the Work and that Contractor is able to perform the Work within the Contract Time.
.1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing in this Paragraph provision or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City District be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of CityDistrict.
.2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) and Special Provisions and Technical Specifications, including but not limited to all Project staff, temporary facilities, temporary utilities, and home office overhead for the entire duration of the Contract Time. The above costs are must be included in Contractor’s Bid notwithstanding Contractor's anticipation of completion in fewer days than established by the Contract Time.
.3 No increase in the Contract Sum shall be made or granted for Compensable Delay if if, for any reason including but not limited to Delay caused by District, Contractor completes the Work before expiration of the Contract Time.
.4 No reduction in the Contract Sum shall be made nor will Contractor be required to remain on the Project Site if the Work is completed before expiration of the Contract Time.
.5 The Construction Manager will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor and/or Contractor's designee shall be present at each meeting. Contractor may also be required to request attendance by representatives of Contractor’s its suppliers, manufacturers and Subcontractors.
8.2.2 Except by agreement or instruction of City District in writing, Contractor shall not commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by Contractor. Contractor’s obligations to commence the Work and to complete the Work within the Contract Time shall not be changed by the effective date of such insurance.
8.2.3 Contractor shall proceed expeditiously with adequate forces and shall achieve Final Substantial Completion within the Contract Time. If City District determines and notifies Contractor that Contractor’s progress is such that Contractor will not complete the Work within the Contract Time, Contractor shall, immediately and at no additional cost to CityDistrict, take all measures necessary, including working such overtime and additional shifts (other than CityDistrict’s normal working hours of 8:00 7:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 5:00 PM on Saturday), to ensure that the Work is Substantially Completed within the Contract Time. Upon receipt of such notice from CityDistrict, Contractor shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to CityDistrict. Contractor shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred as a result of an acceleration of the WorkWork that is performed pursuant to this provision. City District may also take all necessary measures to prevent ensure no further Delays to the need for subsequent accelerations Substantial Completion of the WorkWork within the Contract Time. Contractor shall reimburse CityDistrict, or City District may withhold from payment due to Contractor, sums expended by City District to perform such measures.
Appears in 2 contracts
Sources: Standard Construction Contract, Construction Contract
PROGRESS AND COMPLETION.
8.2.1 Contractor agrees that the Contract Time is reasonable for performing the Work and that Contractor is able to perform the Work within the Contract Time.
.1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing in this Paragraph or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City.
.2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) for the entire duration of the Contract Time. The above costs are included in Contractor’s Bid notwithstanding Contractor's anticipation of completion in fewer days than established by the Contract Time.
.3 No increase in the Contract Sum shall be made or granted for Delay if Contractor completes the Work before expiration of the Contract Time.
.4 No reduction in the Contract Sum shall be made nor will Contractor be required to remain on the Project Site if the Work is completed before expiration of the Contract Time.
.5 The Construction Manager will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor and/or Contractor's designee shall be present at each meeting. Contractor may also be required to request attendance by representatives of Contractor’s suppliers, manufacturers and Subcontractors.
8.2.2 Except by agreement or instruction of City in writing, Contractor shall not commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by Contractor. Contractor’s obligations to commence the Work and to complete the Work within the Contract Time shall not be changed by the effective date of such insurance.
8.2.3 Contractor shall proceed expeditiously with adequate forces and shall achieve Final Completion within the Contract Time. If City determines and notifies Contractor that Contractor’s progress is such that Contractor will not complete the Work within the Contract Time, Contractor shall, immediately and at no additional cost to City, take all measures necessary, including working such overtime and additional shifts (other than City’s normal working hours of 8:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Saturday), to ensure that the Work is Substantially Completed within the Contract Time. Upon receipt of such notice from City, Contractor shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to City. Contractor shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred as a result of an acceleration of the Work. City may also take all necessary measures to prevent the need for subsequent accelerations of the Work. Contractor shall reimburse City, or City may withhold from payment due to Contractor, sums expended by City to perform such measures.
Appears in 2 contracts
Sources: Construction Contract, Construction Contract
PROGRESS AND COMPLETION.
8.2.1 Contractor DBE agrees that the Contract Time is reasonable for performing the Work Design-Build Services and that Contractor DBE is able to perform the Work within the Contract TimeContractTime.
.1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing in this Paragraph or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City.;
.2 Contractor DBE has included in its Bid Proposal price the costs of all Contractor DBE and Subcontractor overhead (direct and indirect) for the entire duration of the Contract Time. The above costs are included in ContractorDBE’s Bid Proposal notwithstanding ContractorDBE's anticipation of completion in fewer days than established by the Contract Time.
.3 No increase in the Contract Sum shall be made or granted for Delay if Contractor DBE completes the Work Design-Build Services before expiration of the Contract Time.
.4 No reduction in the Contract Sum shall be made nor will Contractor DBE be required to remain on the Project Site if the Work Design-Build Services is completed before expiration of the Contract Time.
.5 The Construction Manager will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor DBE and/or ContractorDBE's designee shall be present at each meeting. Contractor DBE may also be required to request attendance by representatives of ContractorDBE’s suppliers, manufacturers and Subcontractors.
8.2.2 Except by agreement or instruction of City in writing, Contractor DBE shall not commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by ContractorDBE. ContractorDBE’s obligations to commence the Work Design-Build Services and to complete the Work Design-Build Services within the Contract Time shall not be changed by the effective date of such insurance.
8.2.3 Contractor DBE shall proceed expeditiously with adequate forces and shall achieve Final Substantial Completion within the Contract Time. If City determines and notifies Contractor DBE that ContractorDBE’s progress is such that Contractor DBE will not complete the Work Design- Build Services within the Contract Time, Contractor DBE shall, immediately and at no additional cost to City, take all measures necessary, including working such overtime and additional shifts (other than City’s normal working hours of 8:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Saturday), to ensure that the Work is Substantially Completed within the Contract Time. Upon receipt of such notice from City, Contractor DBE shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to City. Contractor DBE shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred as a result of an acceleration of the Work. City may also take all necessary measures to prevent the need for subsequent accelerations of the Work. Contractor DBE shall reimburse City, or City may withhold from payment due to ContractorDBE, sums expended by City to perform such measures.
Appears in 1 contract
Sources: Design Build Contract
PROGRESS AND COMPLETION.
8.2.1 Contractor agrees that the Contract Time is reasonable for performing the Work and that Contractor is able to perform the Work within the Contract Time.
.1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing 7.2.1 All time limits stated in this Paragraph or in any other provision of the Contract Documents are of the essence of the Contract.
7.2.2 The Contractor shall be construed as creating any contractual right, express or implied, begin the Work on the part date of commencement provided in the City- Contractor to finish Agreement. The Contractor shall carry the Project earlier than Work forward expeditiously with adequate forces and shall complete it within the Contract Time and in accordance with the Construction Schedule. If Contractor's Work shall fall behind schedule for reasons that are not excused under no circumstances shall City be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless terms of the causeContract, includingContractor shall add additional workers or shifts, without limitation, acts or omissions (intentional or negligent) of Cityand/or work overtime as necessary to maintain the Construction Schedule.
.2 7.2.3 The Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) for the entire duration of the Contract Time. The above costs are included in Contractor’s Bid notwithstanding Contractor's anticipation of completion in fewer days than established by the Contract Time.
.3 No increase in the Contract Sum shall be made or granted for Delay if Contractor completes the Work before expiration of the Contract Time.
.4 No reduction in the Contract Sum shall be made nor will Contractor be required to remain on the Project Site if the Work is completed before expiration of the Contract Time.
.5 The Construction Manager will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor and/or Contractor's designee shall be present at each meeting. Contractor may also be required to request attendance by representatives of Contractor’s suppliersnot knowingly, manufacturers and Subcontractors.
8.2.2 Except except by agreement or instruction of the City in writing, Contractor shall not prematurely commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 10 to be furnished by Contractorthe Contractor and City, or prior to approval of Performance and Payment Bonds, Certificates of Insurance, and Additional Insured Endorsement and Notice of Cancellation Endorsement required to be submitted to City under the Contract. Contractor’s obligations to commence The date of commencement of the Work and to complete the Work within the Contract Time shall not be changed by the effective date of such insurance.
8.2.3 7.2.4 The Contractor shall proceed expeditiously with adequate forces must conform to the most recently approved Construction Schedule. The Contractor must complete the indicated Work or achieve the required percentage of completion, as applicable, within any interim completion dates established in the most recently approved Construction Schedule.
7.2.5 The Contractor must maintain at the Site, available to the City and shall achieve Final Completion within the City’s Engineer and/or other representatives for their reference during the progress of the Work, a copy of the approved Construction Schedule and any approved revisions thereto. The Contractor must keep current records of and mark on a copy of the approved Construction Schedule the actual commencement date, progress, and completion date of each scheduled activity indicated on the Construction Schedule.
7.2.6 The Contractor represents that its bid includes all costs, overhead and profit which may be incurred throughout the Contract TimeTime and the period between Substantial and final Completion. Accordingly, the Contractor may not make any claim for delay damages based in whole or in part on the premise that the Contractor would have completed the Work prior to the expiration of the Contract Time but for any claimed delay.
7.2.7 If City determines and notifies Contractor that the Contractor’s progress is such not maintained in accordance with the approved Construction Schedule, or the City determines that the Contractor is not diligently proceeding with the Work or has evidence reasonably indicating that the Contractor will not complete be able to conform to the Work within most recently approved Construction Schedule, the Contract TimeContractor must, Contractor shall, immediately promptly and at no additional cost to the City, take all measures necessary, including working such overtime necessary to accelerate its progress to overcome the delay and additional shifts (other than City’s normal working hours of 8:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Saturday), to ensure that there will be no further delay in the progress of the Work is Substantially Completed within and notify the City.
7.2.8 The City reserves the right to issue a written directive to accelerate the Work that may be subject to an appropriate adjustment, if any, in the Contract TimeSum. Upon receipt of such notice from City, Contractor shall immediately respond in writing setting forth a detailed plan for accelerating If the Work in a manner acceptable to City. Contractor shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred as a result of City requires an acceleration of the Work. City may also take all necessary measures to prevent Construction Schedule and no adjustment is made in the need for subsequent accelerations of the Work. Contractor shall reimburse CityContract Sum, or City may withhold from payment due if the Contractor disagrees with any adjustment made, the Contractor must file a written claim within ten (10) days or the same will be deemed to Contractor, sums expended by City to perform such measuresbe conclusively waived.
Appears in 1 contract
Sources: City Contractor Agreement
PROGRESS AND COMPLETION.
8.2.1 Contractor agrees that the Contract Time is reasonable for performing the Work and that Contractor is able to perform the Work within the Contract Time.
.1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing in this Paragraph or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City.
.2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) for the entire duration of the Contract Time. The above costs are included in Contractor’s Bid notwithstanding Contractor's anticipation of completion in fewer days than established by the Contract Time.
.3 No increase in the Contract Sum shall be made or granted for Delay if Contractor completes the Work before expiration of the Contract Time.
.4 No reduction in the Contract Sum shall be made nor will Contractor be required to remain on the Project Site if the Work is completed before expiration of the Contract Time.
.5 The Construction Manager will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor and/or Contractor's designee shall be present at each meeting. Contractor may also be required to request attendance by representatives of Contractor’s suppliers, manufacturers and Subcontractors.
8.2.2 Except by agreement or instruction of City in writing, Contractor shall not commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by Contractor. Contractor’s obligations to commence the Work and to complete the Work within the Contract Time shall not be changed by the effective date of such insurance.
8.2.3 Contractor shall proceed expeditiously with adequate forces and shall achieve Final Substantial Completion within the Contract Time. If City determines and notifies Contractor that Contractor’s progress is such that Contractor will not complete the Work within the Contract Time, Contractor shall, immediately and at no additional cost to City, take all measures necessary, including working such overtime and additional shifts (other than City’s normal working hours of 8:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Saturday), to ensure that the Work is Substantially Completed within the Contract Time. Upon receipt of such notice from City, Contractor shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to City. Contractor shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred as a result of an acceleration of the Work. City may also take all necessary measures to prevent the need for subsequent accelerations of the Work. Contractor shall reimburse City, or City may withhold from payment due to Contractor, sums expended by City to perform such measures.
Appears in 1 contract
Sources: Construction Contract
PROGRESS AND COMPLETION.
8.2.1 Contractor agrees that the Contract Time is reasonable for performing the Work and that Contractor is able to perform the Work within the Contract Time.
.1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing in this Paragraph or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City.
.2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) for the entire duration of the Contract Time. The above costs are included in Contractor’s Bid notwithstanding Contractor's anticipation of completion in fewer days than established by the Contract Time.
.3 No increase in the Contract Sum shall be made or granted for Delay if Contractor completes the Work before expiration of the Contract Time.
.4 No reduction in the Contract Sum shall be made nor will Contractor be required to remain on the Project Site if the Work is completed before expiration of the Contract Time.
.5 The Construction Manager will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor and/or Contractor's designee shall be present at each meeting. Contractor may also be required to request attendance by representatives of Contractor’s suppliers, manufacturers and Subcontractors.
8.2.2 Except by agreement or instruction of City in writing, Contractor shall not commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by Contractor. Contractor’s obligations to commence the Work and to complete the Work within the Contract Time shall not be changed by the effective date of such insurance.insurance.
8.2.3 Contractor shall proceed expeditiously with adequate forces and shall achieve Final Substantial Completion within the Contract Time. If City determines and notifies Contractor that Contractor’s progress is such that Contractor will not complete the Work within the Contract Time, Contractor shall, immediately and at no additional cost to City, take all measures necessary, including working such overtime and additional shifts (other than City’s normal working hours of 8:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Saturday), to ensure that the Work is Substantially Completed within the Contract Time. Upon receipt of such notice from City, Contractor shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to City. Contractor shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred as a result of an acceleration of the Work. City may also take all necessary measures to prevent the need for subsequent accelerations of the Work. Contractor shall reimburse City, or City may withhold from payment due to Contractor, sums expended by City to perform such measures.
Appears in 1 contract
Sources: Construction Contract