Construction Schedule and Construction Operations Phasing Plan Clause Samples

Construction Schedule and Construction Operations Phasing Plan. The ESCO will, within thirty (30) days after the Date of Commencement prepare and submit the Construction Schedule and Construction Operations Phasing Plan, prepared in form and substance reasonably acceptable to or as specifically prescribed by the Customer. The Construction Schedule shall be updated by the ESCO and submitted to the Customer at least monthly and, if requested by the Customer, in MS Project format. The ESCO shall submit a revised Construction Schedule when the ESCO's planned sequence is changed or when Project changes are made that affect the Construction Schedule. Any changes to the Construction Schedule and Construction Operations Phasing Plan are subject to review and approval by the Customer. When performing the Work, the ESCO shall comply with the Construction Operations Phasing Plan and the Construction Schedule and all Building Rules and Regulations, including any modifications or additions to the Building Rules and Regulations that are generally applicable to all contractors performing work at the Site. If the Customer determines through reasonable evidence that the performance of the Work is behind schedule such that the ESCO will be unable to achieve Substantial Completion in accordance with the Construction Schedule, the Customer shall have the right, but no obligation, to order the ESCO in writing to take corrective measures necessary to expedite the progress of construction, including, without limitation. (i) working additional shifts or overtime, (ii) supplying additional manpower, equipment, and facilities and (iii) other similar measures (collectively "Extraordinary Measures"). The determination of whether the progress of the Work is behind schedule shall take into account any extensions in time to which the ESCO is entitled under Section 9.2 herein. The Customer is hereby permitted to continue use of Extraordinary Measures until the progress of the Work complies with the stage of completion required by the Contract Documents. The Customer's right to require Extraordinary Measures is solely for the purpose of ensuring the ESCO's achievement of Substantial Completion in accordance with the Construction Schedule. In no event shall the Customer have control over, charge of, or any responsibility for construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the Work, notwithstanding the rights and authority granted in this Section or elsewhere in the Contract Docu...