Construction Schedule. The Construction Schedule for each phase of the project shall include all pertinent dates and periods for timely completion of the Work. 16.1.1 Unless otherwise directed and approved by the Owner, the Construction Manager shall prepare the Construction Schedule as a critical path schedule with separate divisions for each major portion of the Work or operations. The Construction Schedule shall include and properly coordinate dates for performance of all divisions of the Work, including completion of off-site requirements and tasks, so that the Work can be completed in a timely and orderly fashion consistent with the required dates of Substantial Completion and Final Completion. 16.1.2 The Construction Schedule for a phase shall include (i) the required Commencement Date, the required dates of Substantial Completion and Final Completion; (ii) any guideline and milestone dates required by the Owner; (iii) any applicable subcontractor and supplier subschedules; (iv) a submittal schedule which allows sufficient time for review of documents and submittals; (v) the complete sequence of construction by activity, with dates for beginning and completion of each element of construction; and (vi) required decision dates. 16.1.3 By reviewing the Construction Schedule, the Owner and Professional do not assume any of the Construction Manager’s responsibility (i) that the Construction Schedule be coordinated or complete; or (ii) for timely and orderly completion by the required dates of Substantial Completion, Final Completion and any milestone dates required by the Owner. 16.1.4 The Construction Manager shall review, on a weekly basis, the actual status of the Work against the Construction Schedule. The Construction Manager shall discuss the status of the Work weekly with the designated Professional, so that proper overall management may be provided. 16.1.5 The Construction Manager shall periodically and in all instances when the Construction Manager anticipates that performance of the Work will be delayed or in fact has been delayed, but not less frequently than monthly, prepare a revised Construction Schedule and show actual progress of the Work through the revision date, projected completion of each remaining activity, activities modified since previous submittal, major changes in scope, and other identifiable changes. The updated Construction Schedule shall be accompanied by a narrative report which (i) states and explains any modifications of the critical path schedule, including any changes in logic; (ii) defines problem areas and lists areas of anticipated delays; (iii) explains the anticipated impact the problems and delays will have on the schedule and scheduled activities; (iv) reports corrective action taken or proposed; and (v) states how problems anticipated by projections shown on the schedule will be resolved to avoid delay in delivering the Work by the required dates of Substantial Completion and Final Completion, and other milestone dates required by the Owner, if any. 16.1.6 The Contractor’s initial Construction Schedule, developed pursuant to Article 2 of the Preconstruction Services shall be attached as Exhibit “2” to Appendix “M”. In the event that the attached Construction Schedule does not strictly comply with this Paragraph, the Owner does not waive, and specifically reserves, its right to require the Construction Manager‘s strict compliance with this Paragraph. 16.1.7 The receipt of the required updated Construction Schedule is a condition precedent to payment upon any Application for Payment. In addition, the Construction Manager agrees to provide an updated Construction Schedule which strictly complies with this Paragraph on or before ten (10) days after the Owner’s written request therefore. Any submissions of the Construction Schedule hereunder shall be in hard copy and electronic data file format, either in its native data format, or converted to a format requested by the Owner. 16.1.8 In the event any updated Construction Schedule indicates any delays to the required Milestones or Completion Date, the Construction Manager shall propose an affirmative plan to recover from any delay to achieve the Milestones and Completion Date, including overtime and/or additional labor, if necessary. In no event shall any updated Construction Schedule or plan for recovery hereunder constitute notice, demand or acceptance of an adjustment in the Contract Time, Contract Sum, any Milestone Date or the Completion Date unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order as provided in the Contract. 16.1.9 The Owner may, but is not required to, review any Construction Schedule for, among other things, whether the schedule describes in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date. The Owner may reject the Construction Schedule if the Construction Schedule fails to describe in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date, or, if the Construction Schedule indicates any delays to the required Milestones or Completion Date, whether the Construction Manager has provided a plan for recovery which describes in a manner satisfactory to the Owner, a reasonable and realistic recovery that achieves the required Milestones and Completion Date. If the Construction Schedule is not accepted by the Owner, the Construction Manager shall promptly revise the Construction Schedule in accordance with the reasonable recommendations of the Owner and re-submit a revised updated Construction Schedule to the Owner. 16.1.10 Construction Manager shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the Owner of any proposed change in the Construction Schedule or of any delays or potential delays in the Construction Schedule. 16.1.11 The Construction Manager shall engage such personnel and staff as are required to fulfill its requirements under this Section. At the very least, the Construction Manager shall staff the Project with one (1) scheduling manager who shall have, as his or her responsibility for the Project, the fulfillment of the Construction Manager’s requirements hereunder. The manager shall be assigned to the Project for such hours per week as are required to achieve the Construction Manager’s responsibilities hereunder and consistent with the conditions of the Project. 16.1.12 Construction Manager agrees to perform the Work in the manner, sequence and timing necessary to fully comply with the Construction Schedule, or any updates thereof. Construction Manager will perform the Work diligently, expeditiously and with adequate resources to complete all of the Work by the date determined in the Construction Schedule. 16.1.13 TIME IS OF THE ESSENCE WITH RESPECT TO EACH TERM OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE SUBSTANTIAL COMPLETION DATE, THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE AGREEMENT PURSUANT TO THE CONSTRUCTION SCHEDULE, INCLUDING WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK. THE CONSTRUCTION MANAGER ACKNOWLEDGES THAT THE ACHIEVEMENT OF SUBSTANTIAL COMPLETION OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK, AGREES THAT THE WORK CAN BE PERFORMED BY THE COMPLETION DATE AND OTHERWISE AGREES TO USE ITS BEST EFFORTS TO PERFORM THE WORK TO ACHIEVE THE SUBSTANTIAL COMPLETION BY THE COMPLETION DATE.
Appears in 2 contracts
Sources: Construction Management Agreement, Construction Management Agreement
Construction Schedule. The Construction Schedule for each phase of the project shall include all pertinent dates and periods for timely completion of the Work.
16.1.1 Unless otherwise directed and approved by the Owner, the Construction Manager CM shall prepare the Construction Schedule as a critical path schedule with separate divisions for each major portion of the Work or operations. The Construction Schedule shall include and properly coordinate dates for performance of all divisions of the Work, including completion of off-site off- Site requirements and tasks, so that the Work can be completed in a timely and orderly fashion consistent with the required dates of Substantial Completion and Final Completion.
16.1.2 The Construction Schedule for a phase shall include (i) the required Commencement Date, the required dates of Substantial Completion and Final Completion; (ii) any guideline and milestone dates required by the Owner; (iii) any applicable subcontractor and supplier subschedules; (iv) a submittal schedule which allows sufficient time for review of documents and submittals; (v) the complete sequence of construction by activity, with dates for beginning and completion of each element of construction; and (vi) required decision dates.
16.1.3 By reviewing the Construction Schedule, the Owner and the Design Professional do not assume any of the Construction ManagerCM’s responsibility (i) that the Construction Schedule be coordinated or complete; or (ii) for timely and orderly completion by the required dates of Substantial Completion, Final Completion and any milestone dates required by the Owner.
16.1.4 The Construction Manager CM shall review, on a weekly basis, the actual status of the Work against the Construction Schedule. The Construction Manager CM shall discuss the status of the Work weekly with the designated Owner and the Design Professional, so that proper overall management may be provided.
16.1.5 The Construction Manager CM shall periodically and in all instances when the Construction Manager CM anticipates that performance of the Work will be delayed or in fact has been delayed, but not less frequently than monthly, prepare a revised Construction Schedule and show actual progress of the Work through the revision date, projected completion of each remaining activity, activities modified since previous submittal, major changes in scope, and other identifiable changes. The updated Construction Schedule shall be accompanied by a narrative report which (i) states and explains any modifications of the critical path schedule, including any changes in logic; (ii) defines problem areas and lists areas of anticipated delays; (iii) explains the anticipated impact the problems and delays will have on the schedule and scheduled activities; (iv) reports corrective action taken or proposed; and (v) states how problems anticipated by projections shown on the schedule will be resolved to avoid delay in delivering the Work by the required dates of Substantial Completion and Final Completion, and other milestone dates required by the Owner, if any.
16.1.6 The Contractor’s initial Construction Schedule, developed pursuant to Article 2 of the Preconstruction Services shall be attached as Exhibit “2” to Appendix “M”. In the event that the attached Construction Schedule does not strictly comply with this Paragraph, the Owner does not waive, and specifically reserves, its right to require the Construction Manager‘s strict compliance with this Paragraph.
16.1.7 The receipt of the required updated Construction Schedule is a condition precedent to payment upon any Application for Payment. In addition, the Construction Manager agrees to provide an updated Construction Schedule which strictly complies with this Paragraph on or before ten (10) days after the Owner’s written request therefore. Any submissions of the Construction Schedule hereunder shall be in hard copy and electronic data file format, either in its native data format, or converted to a format requested by the Owner.
16.1.8 In the event any updated Construction Schedule indicates any delays to the required Milestones or Completion Date, the Construction Manager shall propose an affirmative plan to recover from any delay to achieve the Milestones and Completion Date, including overtime and/or additional labor, if necessary. In no event shall any updated Construction Schedule or plan for recovery hereunder constitute notice, demand or acceptance of an adjustment in the Contract Time, Contract Sum, any Milestone Date or the Completion Date unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order as provided in the Contract.
16.1.9 The Owner may, but is not required to, review any Construction Schedule for, among other things, whether the schedule describes in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date. The Owner may reject the Construction Schedule if the Construction Schedule fails to describe in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date, or, if the Construction Schedule indicates any delays to the required Milestones or Completion Date, whether the Construction Manager has provided a plan for recovery which describes in a manner satisfactory to the Owner, a reasonable and realistic recovery that achieves the required Milestones and Completion Date. If the Construction Schedule is not accepted by the Owner, the Construction Manager shall promptly revise the Construction Schedule in accordance with the reasonable recommendations of the Owner and re-submit a revised updated Construction Schedule to the Owner.
16.1.10 Construction Manager shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the Owner of any proposed change in the Construction Schedule or of any delays or potential delays in the Construction Schedule.
16.1.11 The Construction Manager shall engage such personnel and staff as are required to fulfill its requirements under this Section. At the very least, the Construction Manager shall staff the Project with one (1) scheduling manager who shall have, as his or her responsibility for the Project, the fulfillment of the Construction Manager’s requirements hereunder. The manager shall be assigned to the Project for such hours per week as are required to achieve the Construction Manager’s responsibilities hereunder and consistent with the conditions of the Project.
16.1.12 Construction Manager agrees to perform the Work in the manner, sequence and timing necessary to fully comply with the Construction Schedule, or any updates thereof. Construction Manager will perform the Work diligently, expeditiously and with adequate resources to complete all of the Work by the date determined in the Construction Schedule.
16.1.13 TIME IS OF THE ESSENCE WITH RESPECT TO EACH TERM OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE SUBSTANTIAL COMPLETION DATE, THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE AGREEMENT PURSUANT TO THE CONSTRUCTION SCHEDULE, INCLUDING WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK. THE CONSTRUCTION MANAGER ACKNOWLEDGES THAT THE ACHIEVEMENT OF SUBSTANTIAL COMPLETION OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK, AGREES THAT THE WORK CAN BE PERFORMED BY THE COMPLETION DATE AND OTHERWISE AGREES TO USE ITS BEST EFFORTS TO PERFORM THE WORK TO ACHIEVE THE SUBSTANTIAL COMPLETION BY THE COMPLETION DATE.
Appears in 2 contracts
Sources: Contract Between Owner and Construction Manager, Contract Between Owner and Construction Manager
Construction Schedule. The Construction Schedule for each phase of the project shall include all pertinent dates and periods for timely completion of the Work.
16.1.1 Unless otherwise directed and approved by the Owner’s Project Representative, the Construction Manager General Contractor shall prepare the Construction Schedule as a critical path schedule with separate divisions for each major portion of the Work or operations. The Construction Schedule shall include and properly coordinate dates for performance of all divisions of the Work, including completion of off-site Site requirements and tasks, so that the Work can be completed in a timely and orderly fashion consistent with the required dates of Substantial Completion and Final Completion.
16.1.2 The Construction Schedule for a phase shall include (i) the required Commencement Date, the required dates of Substantial Completion and Final Completion; (ii) any guideline and milestone dates required by the Owner; (iii) any applicable subcontractor and supplier subschedules; (iv) a submittal schedule which allows sufficient time for review of documents and submittals; (v) the complete sequence of construction by activity, with dates for beginning and completion of each element of construction; and (vi) required decision dates.
16.1.3 By reviewing the Construction Schedule, the Owner and Design Professional do not assume any of the Construction ManagerGeneral Contractor’s responsibility (i) that the Construction Schedule be coordinated or complete; or (ii) for timely and orderly completion by the required dates of Substantial Completion, Final Completion and any milestone dates required by the Owner.
16.1.4 The Construction Manager General Contractor shall review, on a weekly basis, the actual status of the Work against the Construction Schedule. The Construction Manager General Contractor shall discuss the status of the Work weekly with the designated Design Professional, so that proper overall management may be provided.
16.1.5 The Construction Manager General Contractor shall periodically and in all instances when the Construction Manager General Contractor anticipates that performance of the Work will be delayed or in fact has been delayed, but not less frequently than monthly, prepare a revised Construction Schedule and show actual progress of the Work through the revision date, projected completion of each remaining activity, activities modified since previous submittal, major changes in scope, and other identifiable changes. The updated Construction Schedule shall be accompanied by a narrative report which (i) states and explains any modifications of the critical path schedule, including any changes in logic; (ii) defines problem areas and lists areas of anticipated delays; (iii) explains the anticipated impact the problems and delays will have on the schedule and scheduled activities; (iv) reports corrective action taken or proposed; and (v) states how problems anticipated by projections shown on the schedule will be resolved to avoid delay in delivering the Work by the required dates of Substantial Completion and Final Completion, and other milestone dates required by the Owner, if any.
16.1.6 The Contractor’s initial Construction Schedule, developed pursuant to Article 2 of the Preconstruction Services shall be attached as Exhibit “2” to Appendix “M”. In the event that the attached Construction Schedule does not strictly comply with this Paragraph, the Owner does not waive, and specifically reserves, its right to require the Construction Manager‘s strict compliance with this Paragraph.
16.1.7 The receipt of the required updated Construction Schedule is a condition precedent to payment upon any Application for Payment. In addition, the Construction Manager agrees to provide an updated Construction Schedule which strictly complies with this Paragraph on or before ten (10) days after the Owner’s written request therefore. Any submissions of the Construction Schedule hereunder shall be in hard copy and electronic data file format, either in its native data format, or converted to a format requested by the Owner.
16.1.8 In the event any updated Construction Schedule indicates any delays to the required Milestones or Completion Date, the Construction Manager shall propose an affirmative plan to recover from any delay to achieve the Milestones and Completion Date, including overtime and/or additional labor, if necessary. In no event shall any updated Construction Schedule or plan for recovery hereunder constitute notice, demand or acceptance of an adjustment in the Contract Time, Contract Sum, any Milestone Date or the Completion Date unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order as provided in the Contract.
16.1.9 The Owner may, but is not required to, review any Construction Schedule for, among other things, whether the schedule describes in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date. The Owner may reject the Construction Schedule if the Construction Schedule fails to describe in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date, or, if the Construction Schedule indicates any delays to the required Milestones or Completion Date, whether the Construction Manager has provided a plan for recovery which describes in a manner satisfactory to the Owner, a reasonable and realistic recovery that achieves the required Milestones and Completion Date. If the Construction Schedule is not accepted by the Owner, the Construction Manager shall promptly revise the Construction Schedule in accordance with the reasonable recommendations of the Owner and re-submit a revised updated Construction Schedule to the Owner.
16.1.10 Construction Manager shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the Owner of any proposed change in the Construction Schedule or of any delays or potential delays in the Construction Schedule.
16.1.11 The Construction Manager shall engage such personnel and staff as are required to fulfill its requirements under this Section. At the very least, the Construction Manager shall staff the Project with one (1) scheduling manager who shall have, as his or her responsibility for the Project, the fulfillment of the Construction Manager’s requirements hereunder. The manager shall be assigned to the Project for such hours per week as are required to achieve the Construction Manager’s responsibilities hereunder and consistent with the conditions of the Project.
16.1.12 Construction Manager agrees to perform the Work in the manner, sequence and timing necessary to fully comply with the Construction Schedule, or any updates thereof. Construction Manager will perform the Work diligently, expeditiously and with adequate resources to complete all of the Work by the date determined in the Construction Schedule.
16.1.13 TIME IS OF THE ESSENCE WITH RESPECT TO EACH TERM OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE SUBSTANTIAL COMPLETION DATE, THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE AGREEMENT PURSUANT TO THE CONSTRUCTION SCHEDULE, INCLUDING WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK. THE CONSTRUCTION MANAGER ACKNOWLEDGES THAT THE ACHIEVEMENT OF SUBSTANTIAL COMPLETION OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK, AGREES THAT THE WORK CAN BE PERFORMED BY THE COMPLETION DATE AND OTHERWISE AGREES TO USE ITS BEST EFFORTS TO PERFORM THE WORK TO ACHIEVE THE SUBSTANTIAL COMPLETION BY THE COMPLETION DATE.
Appears in 2 contracts
Sources: Construction Agreement, Construction Agreement
Construction Schedule. The Construction Schedule for each phase of the project shall include all pertinent dates and periods for timely completion of the Work.
16.1.1 Unless otherwise directed and approved by the Owner’s Project Representative, the Construction Manager Contractor shall prepare the Construction Schedule as a critical path schedule with separate divisions for each major portion of the Work or operations. The Construction Schedule shall include and properly coordinate dates for performance of all divisions of the Work, including completion of off-site Site requirements and tasks, so that the Work can be completed in a timely and orderly fashion consistent with the required dates of Substantial Completion and Final Completion.
16.1.2 The Construction Schedule for a phase shall include (i) the required Commencement Date, the required dates of Substantial Completion and Final Completion; (ii) any guideline and milestone dates required by the Owner; (iii) any applicable subcontractor and supplier subschedules; (iv) a submittal schedule which allows sufficient time for review of documents and submittals; (v) the complete sequence of construction by activity, with dates for beginning and completion of each element of construction; and (vi) required decision dates.
16.1.3 By reviewing the Construction Schedule, the Owner and Design Professional do not assume any of the Construction ManagerContractor’s responsibility (i) that the Construction Schedule be coordinated or complete; or (ii) for timely and orderly completion by the required dates of Substantial Completion, Final Completion and any milestone dates required by the Owner.
16.1.4 The Construction Manager Contractor shall review, on a weekly basis, the actual status of the Work against the Construction Schedule. The Construction Manager Contractor shall discuss the status of the Work weekly with the designated Design Professional, so that proper overall management may be provided.
16.1.5 The Construction Manager Contractor shall periodically and in all instances when the Construction Manager Contractor anticipates that performance of the Work will be delayed or in fact has been delayed, but not less frequently than monthly, prepare a revised Construction Schedule and show actual progress of the Work through the revision date, projected completion of each remaining activity, activities modified since previous submittal, major changes in scope, and other identifiable changes. The updated Construction Schedule shall be accompanied by a narrative report which (i) states and explains any modifications of the critical path schedule, including any changes in logic; (ii) defines problem areas and lists areas of anticipated delays; (iii) explains the anticipated impact the problems and delays will have on the schedule and scheduled activities; (iv) reports corrective action taken or proposed; and (v) states how problems anticipated by projections shown on the schedule will be resolved to avoid delay in delivering the Work by the required dates of Substantial Completion and Final Completion, and other milestone dates required by the Owner, if any.
16.1.6 The Contractor’s initial Construction Schedule, developed pursuant to Article 2 of the Preconstruction Services shall be attached as Exhibit “2” to Appendix “M”. In the event that the attached Construction Schedule does not strictly comply with this Paragraph, the Owner does not waive, and specifically reserves, its right to require the Construction Manager‘s strict compliance with this Paragraph.
16.1.7 The receipt of the required updated Construction Schedule is a condition precedent to payment upon any Application for Payment. In addition, the Construction Manager agrees to provide an updated Construction Schedule which strictly complies with this Paragraph on or before ten (10) days after the Owner’s written request therefore. Any submissions of the Construction Schedule hereunder shall be in hard copy and electronic data file format, either in its native data format, or converted to a format requested by the Owner.
16.1.8 In the event any updated Construction Schedule indicates any delays to the required Milestones or Completion Date, the Construction Manager shall propose an affirmative plan to recover from any delay to achieve the Milestones and Completion Date, including overtime and/or additional labor, if necessary. In no event shall any updated Construction Schedule or plan for recovery hereunder constitute notice, demand or acceptance of an adjustment in the Contract Time, Contract Sum, any Milestone Date or the Completion Date unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order as provided in the Contract.
16.1.9 The Owner may, but is not required to, review any Construction Schedule for, among other things, whether the schedule describes in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date. The Owner may reject the Construction Schedule if the Construction Schedule fails to describe in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date, or, if the Construction Schedule indicates any delays to the required Milestones or Completion Date, whether the Construction Manager has provided a plan for recovery which describes in a manner satisfactory to the Owner, a reasonable and realistic recovery that achieves the required Milestones and Completion Date. If the Construction Schedule is not accepted by the Owner, the Construction Manager shall promptly revise the Construction Schedule in accordance with the reasonable recommendations of the Owner and re-submit a revised updated Construction Schedule to the Owner.
16.1.10 Construction Manager shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the Owner of any proposed change in the Construction Schedule or of any delays or potential delays in the Construction Schedule.
16.1.11 The Construction Manager shall engage such personnel and staff as are required to fulfill its requirements under this Section. At the very least, the Construction Manager shall staff the Project with one (1) scheduling manager who shall have, as his or her responsibility for the Project, the fulfillment of the Construction Manager’s requirements hereunder. The manager shall be assigned to the Project for such hours per week as are required to achieve the Construction Manager’s responsibilities hereunder and consistent with the conditions of the Project.
16.1.12 Construction Manager agrees to perform the Work in the manner, sequence and timing necessary to fully comply with the Construction Schedule, or any updates thereof. Construction Manager will perform the Work diligently, expeditiously and with adequate resources to complete all of the Work by the date determined in the Construction Schedule.
16.1.13 TIME IS OF THE ESSENCE WITH RESPECT TO EACH TERM OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE SUBSTANTIAL COMPLETION DATE, THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE AGREEMENT PURSUANT TO THE CONSTRUCTION SCHEDULE, INCLUDING WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK. THE CONSTRUCTION MANAGER ACKNOWLEDGES THAT THE ACHIEVEMENT OF SUBSTANTIAL COMPLETION OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK, AGREES THAT THE WORK CAN BE PERFORMED BY THE COMPLETION DATE AND OTHERWISE AGREES TO USE ITS BEST EFFORTS TO PERFORM THE WORK TO ACHIEVE THE SUBSTANTIAL COMPLETION BY THE COMPLETION DATE.
Appears in 2 contracts
Sources: Construction Agreement, Construction Agreement
Construction Schedule. The Construction Schedule for each phase of the project shall include all pertinent dates and periods for timely completion of the Work.
16.1.1 Unless otherwise directed and approved by the Owner, the Construction Manager General Contractor shall prepare the Construction Schedule as a critical path schedule with separate divisions for each major portion of the Work or operations. The Construction Schedule shall include and properly coordinate dates for performance of all divisions of the Work, including completion of off-site Site requirements and tasks, so that the Work can be completed in a timely and orderly fashion consistent with the required dates of Substantial Completion and Final Completion.
16.1.2 The Construction Schedule for a phase shall include (i) the date of the Notice to Proceed, (ii) the required Commencement Date, the required dates of Substantial Completion and Final Completion; (iiiii) any guideline and milestone dates required by the Owner; (iiiiv) any applicable subcontractor and supplier subschedules; (ivv) a submittal schedule which allows sufficient time for review of documents and submittals; (vvi) the complete sequence of construction by activity, with dates for beginning and completion of each element of construction; and (vivii) required decision dates.
16.1.3 By reviewing the Construction Schedule, the Owner and a Professional do not assume any of the Construction ManagerGeneral Contractor’s responsibility (i) that the Construction Schedule be coordinated or complete; or (ii) for timely and orderly completion by the required dates of Substantial Completion, Final Completion and any milestone dates required by the Owner.
16.1.4 The Construction Manager General Contractor shall review, on a weekly basis, the actual status of the Work against the Construction Schedule. The Construction Manager General Contractor shall discuss the status of the Work weekly with the designated Professional, so that proper overall management may be provided.
16.1.5 The Construction Manager General Contractor shall periodically and in all instances when the Construction Manager General Contractor anticipates that performance of the Work will be delayed or in fact has been delayed, but not less frequently than monthly, prepare a revised Construction Schedule and show actual progress of the Work through the revision date, projected completion of each remaining activity, activities modified since previous submittal, major changes in scope, and other identifiable changes. The updated Construction Schedule shall be accompanied by a narrative report which (i) states and explains any modifications of the critical path schedule, including any changes in logic; (ii) defines problem areas and lists areas of anticipated delays; (iii) explains the anticipated impact the problems and delays will have on the schedule and scheduled activities; (iv) reports corrective action taken or proposed; and (v) states how problems anticipated by projections shown on the schedule will be resolved to avoid delay in delivering the Work by the required dates of Substantial Completion and Final Completion, and other milestone dates required by the Owner, if any.
16.1.6 The Contractor’s initial Construction Schedule, developed pursuant to Article 2 of the Preconstruction Services shall be attached as Exhibit “2” to Appendix “M”. In the event that the attached Construction Schedule does not strictly comply with this Paragraph, the Owner does not waive, and specifically reserves, its right to require the Construction Manager‘s strict compliance with this Paragraph.
16.1.7 The receipt of the required updated Construction Schedule is a condition precedent to payment upon any Application for Payment. In addition, the Construction Manager agrees to provide an updated Construction Schedule which strictly complies with this Paragraph on or before ten (10) days after the Owner’s written request therefore. Any submissions of the Construction Schedule hereunder shall be in hard copy and electronic data file format, either in its native data format, or converted to a format requested by the Owner.
16.1.8 In the event any updated Construction Schedule indicates any delays to the required Milestones or Completion Date, the Construction Manager shall propose an affirmative plan to recover from any delay to achieve the Milestones and Completion Date, including overtime and/or additional labor, if necessary. In no event shall any updated Construction Schedule or plan for recovery hereunder constitute notice, demand or acceptance of an adjustment in the Contract Time, Contract Sum, any Milestone Date or the Completion Date unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order as provided in the Contract.
16.1.9 The Owner may, but is not required to, review any Construction Schedule for, among other things, whether the schedule describes in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date. The Owner may reject the Construction Schedule if the Construction Schedule fails to describe in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date, or, if the Construction Schedule indicates any delays to the required Milestones or Completion Date, whether the Construction Manager has provided a plan for recovery which describes in a manner satisfactory to the Owner, a reasonable and realistic recovery that achieves the required Milestones and Completion Date. If the Construction Schedule is not accepted by the Owner, the Construction Manager shall promptly revise the Construction Schedule in accordance with the reasonable recommendations of the Owner and re-submit a revised updated Construction Schedule to the Owner.
16.1.10 Construction Manager shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the Owner of any proposed change in the Construction Schedule or of any delays or potential delays in the Construction Schedule.
16.1.11 The Construction Manager shall engage such personnel and staff as are required to fulfill its requirements under this Section. At the very least, the Construction Manager shall staff the Project with one (1) scheduling manager who shall have, as his or her responsibility for the Project, the fulfillment of the Construction Manager’s requirements hereunder. The manager shall be assigned to the Project for such hours per week as are required to achieve the Construction Manager’s responsibilities hereunder and consistent with the conditions of the Project.
16.1.12 Construction Manager agrees to perform the Work in the manner, sequence and timing necessary to fully comply with the Construction Schedule, or any updates thereof. Construction Manager will perform the Work diligently, expeditiously and with adequate resources to complete all of the Work by the date determined in the Construction Schedule.
16.1.13 TIME IS OF THE ESSENCE WITH RESPECT TO EACH TERM OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE SUBSTANTIAL COMPLETION DATE, THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE AGREEMENT PURSUANT TO THE CONSTRUCTION SCHEDULE, INCLUDING WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK. THE CONSTRUCTION MANAGER ACKNOWLEDGES THAT THE ACHIEVEMENT OF SUBSTANTIAL COMPLETION OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK, AGREES THAT THE WORK CAN BE PERFORMED BY THE COMPLETION DATE AND OTHERWISE AGREES TO USE ITS BEST EFFORTS TO PERFORM THE WORK TO ACHIEVE THE SUBSTANTIAL COMPLETION BY THE COMPLETION DATE.
Appears in 2 contracts
Sources: Contract for Construction, Contract for Construction
Construction Schedule. The Construction Schedule for each phase of the project shall include all pertinent dates and periods for timely completion of the Work.
16.1.1 Unless otherwise directed and approved by the Owner, the Construction Manager DB shall prepare the Construction Schedule as a critical path schedule with separate divisions for each major portion of the Work or operations. The Construction Schedule shall include and properly coordinate dates for performance of all divisions of the Work, including completion of off-site off- Site requirements and tasks, so that the Work can be completed in a timely and orderly fashion consistent with the required dates of Substantial Completion and Final Completion.
16.1.2 The Construction Schedule for a phase shall include (i) the required Commencement Date, the required dates of Substantial Completion and Final Completion; (ii) any guideline and milestone dates required by the Owner; (iii) any applicable subcontractor and supplier subschedules; (iv) a submittal schedule which allows sufficient time for review of documents and submittals; (v) the complete sequence of construction by activity, with dates for beginning and completion of each element of construction; and (vi) required decision dates.
16.1.3 By reviewing the Construction Schedule, the Owner and Professional do does not assume any of the Construction ManagerDB’s responsibility (i) that the Construction Schedule be coordinated or complete; or (ii) for timely and orderly completion by the required dates of Substantial Completion, Final Completion and any milestone dates required by the Owner.
16.1.4 The Construction Manager DB shall review, on a weekly basis, the actual status of the Work against the Construction Schedule. The Construction Manager DB shall discuss the status of the Work weekly with the designated Professional, Owner so that proper overall management may be provided.
16.1.5 The Construction Manager DB shall periodically and in all instances when the Construction Manager DB anticipates that performance of the Work will be delayed or in fact has been delayed, but not less frequently than monthly, prepare a revised Construction Schedule and show actual progress of the Work through the revision date, projected completion of each remaining activity, activities modified since previous submittal, major changes in scope, and other identifiable changes. The updated Construction Schedule shall be accompanied by a narrative report which (i) states and explains any modifications of the critical path schedule, including any changes in logic; (ii) defines problem areas and lists areas of anticipated delays; (iii) explains the anticipated impact the problems and delays will have on the schedule and scheduled activities; (iv) reports corrective action taken or proposed; and (v) states how problems anticipated by projections shown on the schedule will be resolved to avoid delay in delivering the Work by the required dates of Substantial Completion and Final Completion, and other milestone dates required by the Owner, if any.
16.1.6 The Contractor’s initial Construction Schedule, developed pursuant to Article 2 of the Preconstruction Services shall be attached as Exhibit “2” to Appendix “M”. In the event that the attached Construction Schedule does not strictly comply with this Paragraph, the Owner does not waive, and specifically reserves, its right to require the Construction Manager‘s strict compliance with this Paragraph.
16.1.7 The receipt of the required updated Construction Schedule is a condition precedent to payment upon any Application for Payment. In addition, the Construction Manager agrees to provide an updated Construction Schedule which strictly complies with this Paragraph on or before ten (10) days after the Owner’s written request therefore. Any submissions of the Construction Schedule hereunder shall be in hard copy and electronic data file format, either in its native data format, or converted to a format requested by the Owner.
16.1.8 In the event any updated Construction Schedule indicates any delays to the required Milestones or Completion Date, the Construction Manager shall propose an affirmative plan to recover from any delay to achieve the Milestones and Completion Date, including overtime and/or additional labor, if necessary. In no event shall any updated Construction Schedule or plan for recovery hereunder constitute notice, demand or acceptance of an adjustment in the Contract Time, Contract Sum, any Milestone Date or the Completion Date unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order as provided in the Contract.
16.1.9 The Owner may, but is not required to, review any Construction Schedule for, among other things, whether the schedule describes in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date. The Owner may reject the Construction Schedule if the Construction Schedule fails to describe in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date, or, if the Construction Schedule indicates any delays to the required Milestones or Completion Date, whether the Construction Manager has provided a plan for recovery which describes in a manner satisfactory to the Owner, a reasonable and realistic recovery that achieves the required Milestones and Completion Date. If the Construction Schedule is not accepted by the Owner, the Construction Manager shall promptly revise the Construction Schedule in accordance with the reasonable recommendations of the Owner and re-submit a revised updated Construction Schedule to the Owner.
16.1.10 Construction Manager shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the Owner of any proposed change in the Construction Schedule or of any delays or potential delays in the Construction Schedule.
16.1.11 The Construction Manager shall engage such personnel and staff as are required to fulfill its requirements under this Section. At the very least, the Construction Manager shall staff the Project with one (1) scheduling manager who shall have, as his or her responsibility for the Project, the fulfillment of the Construction Manager’s requirements hereunder. The manager shall be assigned to the Project for such hours per week as are required to achieve the Construction Manager’s responsibilities hereunder and consistent with the conditions of the Project.
16.1.12 Construction Manager agrees to perform the Work in the manner, sequence and timing necessary to fully comply with the Construction Schedule, or any updates thereof. Construction Manager will perform the Work diligently, expeditiously and with adequate resources to complete all of the Work by the date determined in the Construction Schedule.
16.1.13 TIME IS OF THE ESSENCE WITH RESPECT TO EACH TERM OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE SUBSTANTIAL COMPLETION DATE, THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE AGREEMENT PURSUANT TO THE CONSTRUCTION SCHEDULE, INCLUDING WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK. THE CONSTRUCTION MANAGER ACKNOWLEDGES THAT THE ACHIEVEMENT OF SUBSTANTIAL COMPLETION OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK, AGREES THAT THE WORK CAN BE PERFORMED BY THE COMPLETION DATE AND OTHERWISE AGREES TO USE ITS BEST EFFORTS TO PERFORM THE WORK TO ACHIEVE THE SUBSTANTIAL COMPLETION BY THE COMPLETION DATE.path
Appears in 2 contracts
Sources: Contract Between Owner and Design / Builder for Design and Construction Services, Contract Between Owner and Design / Builder for Design and Construction Services
Construction Schedule. 12.1 The Construction Schedule Schedule
(a) Project Co shall:
(i) review the proposed schedules and deadlines of CHH for each phase the Project and where CHH has not specified particular dates for occupancy, Project Co shall set those dates so as to achieve occupancy of the project shall Facility on an as early as achievable basis and include all pertinent dates them in its proposed Construction Schedule under Section 12.1(a)(ii);
(ii) prepare and periods for timely completion submit to CHH and the Consultant as soon as practical and in any event within 45 days of the Work.
16.1.1 Unless otherwise directed Financial Close, a detailed computerized Construction Schedule (in both hard paper copy and computer readable soft copy) using a critical path method (“CPM”) network and a Construction Schedule dependent cash flow forecast, each in a form approved by the OwnerCHH. For clarity, the Construction Manager Schedule shall prepare show all the Construction Schedule as a critical path schedule underlying assumptions, including tasks interdependency and schedule floats. The planning and schedule software shall be “Primavera” with separate divisions for each major portion of the Work or operationsmost current release available to be used. The Construction Schedule and any other schedule related reporting requirements of Project Co shall include conform to the phasing and properly coordinate dates sequencing requirements for performance of all divisions of the WorkWork as set out in the Contract Documents, including completion of off-site requirements and tasks, so that the Work can work to be completed in a timely and orderly fashion consistent with by CHH’s own forces or by other contractors, the required dates of Scheduled Substantial Completion and Final Completion.
16.1.2 The Construction Schedule for a phase shall include (i) the required Commencement Date, the required dates Scheduled Final Completion Date, the Specifications included in Division 1 of the Contract Documents, including, the sequencing requirements, the schedule for Commissioning of the Work and for achieving the Scheduled Substantial Completion Date and the Scheduled Final Completion; (ii) any guideline Completion Date. CHH and milestone dates required by the Owner; Consultant will respond to Project Co, in writing, within 10 Business Days of receipt of each Construction Schedule, with either its detailed comments or acceptance of such Construction Schedule as complete;
(iii) any applicable subcontractor in the event that CHH and supplier subschedules; (iv) a submittal schedule which allows sufficient time for review of documents and submittals; (v) the complete sequence of construction by activity, with dates for beginning and completion of each element of construction; and (vi) required decision dates.
16.1.3 By reviewing the Construction Schedule, the Owner and Professional Consultant do not assume any accept Project Co’s initial Construction Schedule submission as complete, Project Co shall re-submit such Construction Schedule as many times as necessary, revised in accordance with CHH’s and the Consultant’s detailed comments and each re-submission shall be provided within 5 Business Days of receipt of the Construction ManagerConsultant’s responsibility (i) that and CHH’s detailed comments, who in turn shall also respond within 5 Business Days. When the Construction Schedule be coordinated or complete; or (ii) for timely and orderly completion by the required dates of Substantial Completion, Final Completion and any milestone dates required by the Owner.
16.1.4 The Construction Manager shall review, on a weekly basis, the actual status of the Work against the Construction Schedule. The Construction Manager shall discuss the status of the Work weekly with the designated Professional, so that proper overall management may be provided.
16.1.5 The Construction Manager shall periodically and in all instances when the Construction Manager anticipates that performance of the Work will be delayed or in fact has been delayedaccepted as complete by CHH and the Consultant, but not less frequently than monthly, prepare a revised it shall be the baseline Construction Schedule and show actual against which Project Co shall monitor progress of the Work through for the revision date, projected completion of each remaining activity, activities modified since previous submittal, major changes in scope, and other identifiable changes. The updated Construction Schedule shall be accompanied by a narrative report which (i) states and explains any modifications of the critical path schedule, including any changes in logic; (ii) defines problem areas and lists areas of anticipated delays; (iii) explains the anticipated impact the problems and delays will have on the schedule and scheduled activities; Project;
(iv) reports corrective action taken advise the Consultant promptly of any error or proposed; omission in the Construction Schedule and correct such error or omission;
(v) states how problems anticipated by projections shown on the schedule will be resolved to avoid delay in delivering the Work by the required dates of Substantial Completion and Final Completion, and other milestone dates required by the Owner, if any.
16.1.6 The Contractor’s initial Construction Schedule, developed pursuant to Article 2 of the Preconstruction Services shall be attached as Exhibit “2” to Appendix “M”. In the event that the attached Construction Schedule does not strictly comply with this Paragraph, the Owner does not waive, and specifically reserves, its right to require the Construction Manager‘s strict compliance with this Paragraph.
16.1.7 The receipt of the required updated Construction Schedule is a condition precedent to payment upon any Application for Payment. In addition, the Construction Manager agrees to provide an updated Construction Schedule which strictly complies with this Paragraph on or before ten (10) days after the Owner’s written request therefore. Any submissions of the Construction Schedule hereunder shall be in hard copy and electronic data file format, either in its native data format, or converted to a format requested by the Owner.
16.1.8 In the event any updated Construction Schedule indicates any delays to the required Milestones or Completion Date, the Construction Manager shall propose an affirmative plan to recover from any delay to achieve the Milestones and Completion Date, including overtime and/or additional labor, if necessary. In no event shall any updated Construction Schedule or plan for recovery hereunder constitute notice, demand or acceptance of an adjustment in the Contract Time, Contract Sum, any Milestone Date or the Completion Date unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order as provided in the Contract.
16.1.9 The Owner may, but is not required to, review any Construction Schedule for, among other things, whether the schedule describes in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date. The Owner may reject the Construction Schedule if the Construction Schedule fails to describe in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date, or, if the Construction Schedule indicates any delays to the required Milestones or Completion Date, whether the Construction Manager has provided a plan for recovery which describes in a manner satisfactory to the Owner, a reasonable and realistic recovery that achieves the required Milestones and Completion Date. If the Construction Schedule is not accepted by the Owner, the Construction Manager shall promptly revise the Construction Schedule in accordance with the reasonable recommendations of the Owner and re-submit a revised updated Construction Schedule to the Owner.
16.1.10 Construction Manager shall continuously monitor the progress of the Work for conformance with the requirements of in relation to the Construction Schedule and shall promptly the cash flow and update the Construction Schedules and the cash flow forecast with the monthly construction status report under Section 18.2(a), maintain the continuity of the Construction Schedule’s CPM network for all updates and revisions and immediately notify CHH of any variance or potential variance in the scheduled completion dates;
(vi) advise the Owner Consultant of any proposed change revisions required to the Construction Schedule as a result of extension of the Contract Time in accordance with Schedule 11 – Change Procedure;
(vii) identify potential variances between scheduling and scheduled completion dates, review the schedule of Work not started or incomplete and implement necessary adjustments in the Construction Schedule or in order to meet the Scheduled Substantial Completion Date and the Scheduled Final Completion Date set out in such Construction Schedule, including the movement of manpower and equipment in response to availability of work areas;
(viii) Not used;
(ix) monitor the Subcontractors’ personnel staffing and equipment and the availability of materials and supplies in order to meet the Construction Schedules and take appropriate courses of action when the requirements of a Subcontract with any delays or potential delays Project Co Party are not met;
(x) obtain from Project Co Parties a schedule showing the order number, vendor’s name, shop drawing status, manufacturing lead time and delivery date of all critical material and equipment required for the Work;
(xi) pre-order equipment, materials and supplies where necessitated by cost and/or time factors and expedite delivery of critical items; and
(xii) in consultation with CHH’s Project Manager and the Consultant, include in the Construction Schedule the integration of the equipment specifications, rough-in requirements, supply and installation, including of CHH’s equipment to ensure that the ordering, delivery, receiving and supply of equipment does not impact on the Construction Schedule.
16.1.11 The Construction Manager shall engage such personnel and staff as are required (b) At any time prior to fulfill its requirements under this Section. At Final Completion, Project Co shall, no later than 5 Business Days following the very leastwritten request of CHH, deliver to CHH a copy of the Construction Manager shall staff the Project with one (1) scheduling manager who shall have, as his or her responsibility for the Project, the fulfillment most current version of the Construction Manager’s requirements hereunder. The manager shall be assigned to the Project for such hours per week as are required to achieve Schedule and/or any past version of the Construction Manager’s responsibilities hereunder and consistent with the conditions of the ProjectSchedule requested by CHH in its native software format.
16.1.12 Construction Manager agrees to perform the Work in the manner, sequence and timing necessary to fully comply with the Construction Schedule, or any updates thereof. Construction Manager will perform the Work diligently, expeditiously and with adequate resources to complete all of the Work by the date determined in the Construction Schedule.
16.1.13 TIME IS OF THE ESSENCE WITH RESPECT TO EACH TERM OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE SUBSTANTIAL COMPLETION DATE, THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE AGREEMENT PURSUANT TO THE CONSTRUCTION SCHEDULE, INCLUDING WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK. THE CONSTRUCTION MANAGER ACKNOWLEDGES THAT THE ACHIEVEMENT OF SUBSTANTIAL COMPLETION OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK, AGREES THAT THE WORK CAN BE PERFORMED BY THE COMPLETION DATE AND OTHERWISE AGREES TO USE ITS BEST EFFORTS TO PERFORM THE WORK TO ACHIEVE THE SUBSTANTIAL COMPLETION BY THE COMPLETION DATE.
Appears in 1 contract
Sources: Project Agreement
Construction Schedule. The Construction Schedule for the Project or each phase of the project shall Project will include all pertinent dates and periods for timely completion of the Work.
16.1.1 Unless otherwise directed and approved by the OwnerCounty, the Construction Manager shall prepare the Construction Schedule as a critical path schedule with separate divisions for each major portion of the Work or operations. The Construction Schedule shall must include and properly coordinate dates for performance of all divisions of the Work, including completion of off-site requirements and tasks, so that the Work can be completed in a timely and orderly fashion consistent with the required dates of Substantial Completion and Final Completion.
16.1.2 The Any Construction Schedule for a phase shall must include (i) the required Commencement Date, the required dates of Substantial Completion and Final Completion; (ii) any guideline and milestone dates required by the OwnerCounty; (iii) any applicable subcontractor and supplier subschedules; (iv) a submittal schedule which allows sufficient time for review of documents and submittals; (v) the complete sequence of construction by activity, with dates for beginning and completion of each element of construction; and (vi) required decision dates.
16.1.3 By reviewing the Construction Schedule, the Owner County and Professional do not assume any of the Construction Manager’s responsibility (i) that the Construction Schedule be coordinated or complete; or (ii) for timely and orderly completion by the required dates of Substantial Completion, Final Completion and any milestone dates required by the OwnerCounty.
16.1.4 The Construction Manager shall review, on a weekly basis, the actual status of the Work against the Construction Schedule. The Construction Manager shall discuss the status of the Work weekly with the designated Professional, so that proper overall management may be provided.
16.1.5 The Construction Manager shall periodically and in all instances when the Construction Manager anticipates that performance of the Work will be delayed or in fact has been delayed, but not less frequently than monthly, prepare a revised Construction Schedule and show actual progress of the Work through the revision date, projected completion of each remaining activity, activities modified since previous submittal, major changes in scope, and other identifiable changes. The updated Construction Schedule shall must be accompanied by a narrative report which (i) states and explains any modifications of the critical path schedule, including any changes in logic; (ii) defines problem areas and lists areas of anticipated delays; (iii) explains the anticipated impact the problems and delays will have on the schedule and scheduled activities; (iv) reports corrective action taken or proposed; and (v) states how problems anticipated by projections shown on the schedule will be resolved to avoid delay in delivering the Work by the required dates of Substantial Completion and Final Completion, and other milestone dates required by the OwnerCounty, if any.
16.1.6 The Contractor’s initial Construction Schedule, developed pursuant to Article 2 of the Preconstruction Services shall must be attached as Exhibit “2” to Appendix “MK”. In the event that the attached Construction Schedule does not strictly comply with this Paragraph, the Owner County does not waive, and specifically reserves, its right to require the Construction Manager‘s Manager’s strict compliance with this Paragraph.
16.1.7 The receipt of the required updated Construction Schedule is a condition precedent to payment upon any Application for Payment. In addition, the Construction Manager agrees to will provide an updated Construction Schedule which strictly complies with this Paragraph on or before ten (10) days after the OwnerCounty’s written request thereforerequest. Any submissions of the Construction Schedule hereunder shall under this Agreement must be in hard copy and electronic data file format, either in its native data format, or converted to a format requested by the OwnerCounty.
16.1.8 In the event any updated Construction Schedule indicates any delays to the required Milestones or Completion Date, the Construction Manager shall propose an affirmative plan to recover from any delay to achieve the Milestones and Completion Date, including overtime and/or and additional labor, if necessary. In no event shall will any updated Construction Schedule or plan for recovery hereunder under this Agreement constitute notice, demand or acceptance of an adjustment in the Contract Time, Contract Sum, any Milestone Date or the Completion Date unless any such adjustment is agreed to by the Owner County and authorized pursuant to Change Order as provided in the Contract.
16.1.9 The Owner County may, but is not required to, review any Construction Schedule for, among other things, whether the schedule describes in a manner satisfactory to the OwnerCounty, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date. The Owner County may reject the Construction Schedule if the Construction Schedule fails to describe in a manner satisfactory to the OwnerCounty, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date, or, if the Construction Schedule indicates any delays to the required Milestones or Completion Date, whether the Construction Manager has provided a plan for recovery which describes in a manner satisfactory to the OwnerCounty, a reasonable and realistic recovery that achieves the required Milestones and Completion Date. If the Construction Schedule is not accepted by the OwnerCounty, the Construction Manager shall promptly revise the Construction Schedule in accordance with the reasonable recommendations of the Owner County and re-submit a revised updated Construction Schedule to the OwnerCounty.
16.1.10 The Construction Manager shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the Owner County of any proposed change in the Construction Schedule or of any delays or potential delays in the Construction Schedule.
16.1.11 The Construction Manager shall engage such personnel and staff as are required to fulfill its requirements under this Section. At the very least, the Construction Manager shall staff the Project with one (1) scheduling manager who shall will have, as his or her responsibility for the Project, the fulfillment of the Construction Manager’s requirements hereunderunder this Agreement. The manager shall will be assigned to the Project for such hours per week as are required to achieve the Construction Manager’s responsibilities hereunder under this Agreement and consistent with the conditions of the Project.
16.1.12 Construction Manager agrees to will perform the Work in the manner, sequence and timing necessary to fully comply with the Construction Schedule, or Schedule and any updates thereofupdates. Construction Manager will perform the Work diligently, expeditiously and with adequate resources to complete all of the Work by the date determined in the Construction Schedule.
16.1.13 TIME IS OF THE ESSENCE WITH RESPECT TO EACH TERM OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE SUBSTANTIAL COMPLETION DATE, THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE AGREEMENT PURSUANT TO THE CONSTRUCTION SCHEDULE, INCLUDING WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK. THE CONSTRUCTION MANAGER ACKNOWLEDGES THAT THE ACHIEVEMENT OF SUBSTANTIAL COMPLETION OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK, AGREES THAT THE WORK CAN BE PERFORMED BY THE COMPLETION DATE AND OTHERWISE AGREES TO WILL USE ITS BEST EFFORTS TO PERFORM THE WORK TO ACHIEVE THE SUBSTANTIAL COMPLETION BY THE COMPLETION DATE.
Appears in 1 contract
Sources: Construction Management Agreement
Construction Schedule. 12.1 The Construction Schedule Schedule
(a) Project Co shall:
(i) review the proposed schedules and deadlines of THP for each phase Phase and where THP has not specified particular dates for occupancy of Phases, Project Co shall set those dates so as to achieve occupancy of such Phases on an as early as achievable basis and include them in its proposed Construction Schedule under Section 12.1(a)(ii);
(ii) prepare and submit to THP and the project shall include all pertinent dates Consultant as soon as practical and periods for timely completion in any event within 45 days of the Work.
16.1.1 Unless otherwise directed Financial Close, a detailed computerized Construction Schedule (in both hard paper copy and computer readable soft copy) using a critical path method (“CPM”) network and a Construction Schedule dependent cash flow forecast, each in a form approved by the OwnerTHP. For clarity, the Construction Manager Schedule shall prepare show all the Construction Schedule as a critical path schedule underlying assumptions, including tasks interdependency and schedule floats. The planning and schedule software shall be “Primavera” with separate divisions for each major portion of the Work or operationsmost current release available to be used. The Construction Schedule and any other schedule related reporting requirements of Project Co shall include conform to the phasing and properly coordinate dates sequencing requirements for performance of all divisions of the WorkWork as set out in the Contract Documents, including completion of off-site requirements and tasks, so that the Work can work to be completed in a timely and orderly fashion consistent with by THP’s own forces or by other contractors, the required dates of applicable Phased Occupancy Dates, the Scheduled Substantial Completion and Final Completion.
16.1.2 The Construction Schedule for a phase shall include (i) the required Commencement Date, the required dates Scheduled Final Completion Date, the Specifications included in Division 1 of the Contract Documents, including, the sequencing requirements, the schedule for Commissioning of the Work and for achieving the applicable Phased Occupancy Dates, the Scheduled Substantial Completion Date and the Scheduled Final Completion; (ii) any guideline Completion Date. THP and milestone dates required by the Owner; (iii) any applicable subcontractor and supplier subschedules; (iv) a submittal schedule which allows sufficient time for review Consultant will respond to Project Co, in writing, within 10 Business Days of documents and submittals; (v) the complete sequence receipt of construction by activity, with dates for beginning and completion of each element of construction; and (vi) required decision dates.
16.1.3 By reviewing the Construction Schedule, with either its detailed comments or acceptance of such Construction Schedule as complete;
(iii) in the Owner event that THP and Professional the Consultant do not assume any accept Project Co’s initial Construction Schedule submission as complete, Project Co shall re-submit such Construction Schedule as many times as necessary, revised in accordance with THP’s and the Consultant’s detailed comments and each re-submission shall be provided within 5 Business Days of receipt of the Construction ManagerConsultant’s responsibility (i) that and THP’s detailed comments, who in turn shall also respond within 5 Business Days. When the Construction Schedule be coordinated or complete; or (ii) for timely and orderly completion by the required dates of Substantial Completion, Final Completion and any milestone dates required by the Owner.
16.1.4 The Construction Manager shall review, on a weekly basis, the actual status of the Work against the Construction Schedule. The Construction Manager shall discuss the status of the Work weekly with the designated Professional, so that proper overall management may be provided.
16.1.5 The Construction Manager shall periodically and in all instances when the Construction Manager anticipates that performance of the Work will be delayed or in fact has been delayedaccepted as complete by THP and the Consultant, but not less frequently than monthly, prepare a revised it shall be the baseline Construction Schedule and show actual against which Project Co shall monitor progress of the Work through for the revision date, projected completion of each remaining activity, activities modified since previous submittal, major changes in scope, and other identifiable changes. The updated Construction Schedule shall be accompanied by a narrative report which (i) states and explains any modifications of the critical path schedule, including any changes in logic; (ii) defines problem areas and lists areas of anticipated delays; (iii) explains the anticipated impact the problems and delays will have on the schedule and scheduled activities; Project;
(iv) reports corrective action taken advise the Consultant promptly of any error or proposed; omission in the Construction Schedule and correct such error or omission;
(v) states how problems anticipated by projections shown on the schedule will be resolved to avoid delay in delivering the Work by the required dates of Substantial Completion and Final Completion, and other milestone dates required by the Owner, if any.
16.1.6 The Contractor’s initial Construction Schedule, developed pursuant to Article 2 of the Preconstruction Services shall be attached as Exhibit “2” to Appendix “M”. In the event that the attached Construction Schedule does not strictly comply with this Paragraph, the Owner does not waive, and specifically reserves, its right to require the Construction Manager‘s strict compliance with this Paragraph.
16.1.7 The receipt of the required updated Construction Schedule is a condition precedent to payment upon any Application for Payment. In addition, the Construction Manager agrees to provide an updated Construction Schedule which strictly complies with this Paragraph on or before ten (10) days after the Owner’s written request therefore. Any submissions of the Construction Schedule hereunder shall be in hard copy and electronic data file format, either in its native data format, or converted to a format requested by the Owner.
16.1.8 In the event any updated Construction Schedule indicates any delays to the required Milestones or Completion Date, the Construction Manager shall propose an affirmative plan to recover from any delay to achieve the Milestones and Completion Date, including overtime and/or additional labor, if necessary. In no event shall any updated Construction Schedule or plan for recovery hereunder constitute notice, demand or acceptance of an adjustment in the Contract Time, Contract Sum, any Milestone Date or the Completion Date unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order as provided in the Contract.
16.1.9 The Owner may, but is not required to, review any Construction Schedule for, among other things, whether the schedule describes in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date. The Owner may reject the Construction Schedule if the Construction Schedule fails to describe in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date, or, if the Construction Schedule indicates any delays to the required Milestones or Completion Date, whether the Construction Manager has provided a plan for recovery which describes in a manner satisfactory to the Owner, a reasonable and realistic recovery that achieves the required Milestones and Completion Date. If the Construction Schedule is not accepted by the Owner, the Construction Manager shall promptly revise the Construction Schedule in accordance with the reasonable recommendations of the Owner and re-submit a revised updated Construction Schedule to the Owner.
16.1.10 Construction Manager shall continuously monitor the progress of the Work for conformance with the requirements of in relation to the Construction Schedule and shall promptly the cash flow and update the Construction Schedules and the cash flow forecast with the monthly construction status report under Section 18.2(a), maintain the continuity of the Construction Schedule’s CPM network for all updates and revisions and immediately notify THP of any variance or potential variance in the scheduled completion dates;
(vi) advise the Owner Consultant of any proposed change revisions required to the Construction Schedule as a result of extension of the Contract Time in accordance with Schedule 11 – Change Procedure;
(vii) identify potential variances between scheduling and scheduled completion dates, review the schedule of Work not started or incomplete and implement necessary adjustments in the Construction Schedule or in order to meet the Scheduled Substantial Completion Date and the Scheduled Final Completion Date set out in such Construction Schedule, including the movement of manpower and equipment in response to availability of work areas;
(viii) comply with the Construction Schedule so as not to interfere with the activities of THP in the Existing Facility;
(ix) monitor the Subcontractors’ personnel staffing and equipment and the availability of materials and supplies in order to meet the Construction Schedules and take appropriate courses of action when the requirements of a Subcontract with any delays or potential delays Project Co Party are not met;
(x) obtain from Project Co Parties a schedule showing the order number, vendor’s name, shop drawing status, manufacturing lead time and delivery date of all critical material and equipment required for the Work;
(xi) pre-order equipment, materials and supplies where necessitated by cost and/or time factors and expedite delivery of critical items; and
(xii) in consultation with THP’s Project Manager and the Consultant, include in the Construction Schedule the integration of the equipment specifications, rough-in requirements, supply and installation, including of THP’s equipment to ensure that the ordering, delivery, receiving and supply of equipment does not impact on the Construction Schedule.
16.1.11 The Construction Manager shall engage such personnel and staff as are required (b) At any time prior to fulfill its requirements under this Section. At Final Completion, Project Co shall, no later than 5 Business Days following the very leastwritten request of THP, deliver to THP a copy of the Construction Manager shall staff the Project with one (1) scheduling manager who shall have, as his or her responsibility for the Project, the fulfillment most current version of the Construction Manager’s requirements hereunder. The manager shall be assigned to the Project for such hours per week as are required to achieve Schedule and/or any past version of the Construction Manager’s responsibilities hereunder and consistent with the conditions of the ProjectSchedule requested by THP in its native software format.
16.1.12 Construction Manager agrees to perform the Work in the manner, sequence and timing necessary to fully comply with the Construction Schedule, or any updates thereof. Construction Manager will perform the Work diligently, expeditiously and with adequate resources to complete all of the Work by the date determined in the Construction Schedule.
16.1.13 TIME IS OF THE ESSENCE WITH RESPECT TO EACH TERM OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE SUBSTANTIAL COMPLETION DATE, THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE AGREEMENT PURSUANT TO THE CONSTRUCTION SCHEDULE, INCLUDING WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK. THE CONSTRUCTION MANAGER ACKNOWLEDGES THAT THE ACHIEVEMENT OF SUBSTANTIAL COMPLETION OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK, AGREES THAT THE WORK CAN BE PERFORMED BY THE COMPLETION DATE AND OTHERWISE AGREES TO USE ITS BEST EFFORTS TO PERFORM THE WORK TO ACHIEVE THE SUBSTANTIAL COMPLETION BY THE COMPLETION DATE.
Appears in 1 contract
Sources: Project Agreement
Construction Schedule. The Construction Schedule for each phase of the project shall Project will include all pertinent dates and periods for timely completion of the Work.
16.1.1 Unless otherwise directed and approved by the OwnerCounty, the Construction Manager shall prepare the Construction Schedule as a critical path schedule with separate divisions for each major portion of the Work or operations. The Construction Schedule shall must include and properly coordinate dates for performance of all divisions of the Work, including completion of off-site requirements and tasks, so that the Work can be completed in a timely and orderly fashion consistent with the required dates of Substantial Completion and Final Completion.
16.1.2 The Any Construction Schedule for a phase shall must include (i) the required Commencement Date, the required dates of Substantial Completion and Final Completion; (ii) any guideline and milestone dates required by the OwnerCounty; (iii) any applicable subcontractor and supplier subschedulessub schedules; (iv) a submittal schedule which allows sufficient time for review of documents and submittals; (v) the complete sequence of construction by activity, with dates for beginning and completion of each element of construction; and (vi) required decision dates.
16.1.3 By reviewing the Construction Schedule, the Owner County and Professional do not assume any of the Construction Manager’s responsibility (i) that the Construction Schedule be coordinated or complete; or (ii) for timely and orderly completion by the required dates of Substantial Completion, Final Completion and any milestone dates required by the OwnerCounty.
16.1.4 The Construction Manager shall review, on a weekly basis, the actual status of the Work against the Construction Schedule. The Construction Manager shall discuss the status of the Work weekly with the designated Professional, so that proper overall management may be provided.
16.1.5 The Construction Manager shall periodically and in all instances when the Construction Manager anticipates that performance of the Work will be delayed or in fact has been delayed, but not less frequently than monthly, prepare a revised Construction Schedule and show actual progress of the Work through the revision date, projected completion of each remaining activity, activities modified since previous submittal, major changes in scope, and other identifiable changes. The updated Construction Schedule shall must be accompanied by a narrative report which (i) states and explains any modifications of the critical path schedule, including any changes in logic; (ii) defines problem areas and lists areas of anticipated delays; (iii) explains the anticipated impact the problems and delays will have on the schedule and scheduled activities; (iv) reports corrective action taken or proposed; and (v) states how problems anticipated by projections shown on the schedule will be resolved to avoid delay in delivering the Work by the required dates of Substantial Completion and Final Completion, and other milestone dates required by the OwnerCounty, if any.
16.1.6 The Contractor’s initial Construction Schedule, developed pursuant to Article 2 of the Preconstruction Services shall must be attached as Exhibit “2” to Appendix “MK”. In the event that If the attached Construction Schedule does not strictly comply with this Paragraph, the Owner County does not waive, and specifically reserves, its right to require the Construction Manager‘s Manager’s strict compliance with this Paragraph.
16.1.7 The receipt of the required updated Construction Schedule is a condition precedent to payment upon any Application for Payment. In addition, the Construction Manager agrees to will provide an updated Construction Schedule which strictly complies with this Paragraph on or before ten (10) days after the OwnerCounty’s written request thereforerequest. Any submissions of the Construction Schedule hereunder shall under this Agreement must be in hard copy and electronic data file format, either in its native data format, or converted to a format requested by the OwnerCounty.
16.1.8 In the event any updated Construction Schedule indicates any delays to the required Milestones or Completion Date, the Construction Manager shall propose an affirmative plan to recover from any delay to achieve the Milestones and Completion Date, including overtime and/or and additional labor, if necessary. In no event shall will any updated Construction Schedule or plan for recovery hereunder under this Agreement constitute notice, demand demand, or acceptance of an adjustment in the Contract Time, Contract Sum, any Milestone Date or the Completion Date unless any such adjustment is agreed to by the Owner County and authorized pursuant to Change Order as provided in the Contract.
16.1.9 The Owner County may, but is not required to, review any Construction Schedule for, among other things, whether the schedule describes in a manner satisfactory to the OwnerCounty, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date. The Owner County may reject the Construction Schedule if the Construction Schedule fails to describe in a manner satisfactory to the OwnerCounty, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date, or, if the Construction Schedule indicates any delays to the required Milestones or Completion Date, whether the Construction Manager has provided a plan for recovery which describes in a manner satisfactory to the OwnerCounty, a reasonable and realistic recovery that achieves the required Milestones and Completion Date. If the Construction Schedule is not accepted by the OwnerCounty, the Construction Manager shall promptly revise the Construction Schedule in accordance with the reasonable recommendations of the Owner County and re-submit a revised updated Construction Schedule to the OwnerCounty.
16.1.10 The Construction Manager shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the Owner County of any proposed change in the Construction Schedule or of any delays or potential delays in the Construction Schedule.
16.1.11 The Construction Manager shall engage such personnel and staff as are required to fulfill its requirements under this Section. At the very least, the Construction Manager shall staff the Project with one (1) scheduling manager who shall will have, as his or her responsibility for the Project, the fulfillment of the Construction Manager’s requirements hereunderunder this Agreement. The manager shall will be assigned to the Project for such hours per week as are required to achieve the Construction Manager’s responsibilities hereunder under this Agreement and consistent with the conditions of the Project.
16.1.12 Construction Manager agrees to will perform the Work in the manner, sequence sequence, and timing necessary to fully comply with the Construction Schedule, or Schedule and any updates thereofupdates. Construction Manager will perform the Work diligently, expeditiously and with adequate resources to complete all of the Work by the date determined in the Construction Schedule.
16.1.13 TIME IS OF THE ESSENCE WITH RESPECT TO EACH TERM OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITATIONFURTHER, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE SUBSTANTIAL COMPLETION DATE, THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE AGREEMENT PURSUANT TO THE CONSTRUCTION SCHEDULE, INCLUDING WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK. THE CONSTRUCTION MANAGER ACKNOWLEDGES THAT THE ACHIEVEMENT OF SUBSTANTIAL COMPLETION OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK, AGREES THAT THE WORK CAN BE PERFORMED BY THE COMPLETION DATE AND OTHERWISE AGREES TO WILL USE ITS BEST EFFORTS TO PERFORM THE WORK TO ACHIEVE THE SUBSTANTIAL COMPLETION BY THE COMPLETION DATE.
Appears in 1 contract
Sources: Construction Management Agreement
Construction Schedule. 12.1 The Construction Schedule
(a) Project Co shall:
(i) review the proposed schedules and deadlines of Owner for each Phase and where Owner has not specified particular dates for occupancy of Phases, Project Co shall set those dates so as to achieve occupancy of such Phases on an as early as achievable basis and include them in its proposed Construction Schedule under Section 12.1(a)(ii);
(ii) prepare and submit to Owner and the Consultant as soon as practical and in any event within 45 days of Financial Close, a detailed computerized Construction Schedule (in both hard paper copy and computer readable soft copy) using a critical path method (“CPM”) network and a Construction Schedule dependent cash flow forecast, each in a form approved by Owner. The planning and schedule software shall be “Primavera” with the most current release available to be used. The Construction Schedule and any other schedule related reporting requirements of Project Co shall conform to the phasing and sequencing requirements for each phase the Work as set out in the Contract Documents, including the work to be completed by Owner‟s own forces or by other contractors, the applicable Phased Occupancy Dates, the Scheduled Interim Completion Date, the Scheduled Substantial Completion Date, the Scheduled Final Completion Date, the Specifications included in Division 1 of the project Contract Documents, including, the sequencing requirements, and shall include all pertinent dates and periods the requirements, if any, of Section 3.2(d)(iv), the schedule for timely completion Commissioning of the Work.
16.1.1 Unless otherwise directed Work and approved by for achieving the Ownerapplicable Phased Occupancy Dates, the Scheduled Interim Completion Date, the Scheduled Substantial Completion Date and the Scheduled Final Completion Date. Owner and the Consultant will respond to Project Co, in writing, within 10 Business Days of receipt of the Construction Manager shall prepare Schedule, with either its detailed comments or acceptance of the Construction Schedule as a critical path schedule complete;
(iii) in the event that Owner and the Consultant do not accept Project Co‟s initial Construction Schedule submission as complete, Project Co shall re- submit the Construction Schedule as many times as necessary, revised in accordance with separate divisions for Owner‟s and the Consultant‟s detailed comments and each major portion re-submission shall be provided within 5 Business Days of receipt of the Work or operationsConsultant‟s and Owner‟s detailed comments, who in turn shall also respond within 5 Business Days. The When the Construction Schedule has been accepted as complete by Owner and the Consultant, it shall include and properly coordinate dates for performance of all divisions be the baseline Construction Schedule against which Project Co shall monitor progress of the Work, including completion of off-site requirements and tasks, so that the Work can be completed in a timely and orderly fashion consistent with the required dates of Substantial Completion and Final Completion.;
16.1.2 The Construction Schedule for a phase shall include (i) the required Commencement Date, the required dates of Substantial Completion and Final Completion; (ii) any guideline and milestone dates required by the Owner; (iii) any applicable subcontractor and supplier subschedules; (iv) a submittal schedule which allows sufficient time for review advise the Consultant promptly of documents any error or omission in the Construction Schedule and submittals; correct such error or omission;
(v) the complete sequence of construction by activity, with dates for beginning and completion of each element of construction; and (vi) required decision dates.
16.1.3 By reviewing the Construction Schedule, the Owner and Professional do not assume any of the Construction Manager’s responsibility (i) that the Construction Schedule be coordinated or complete; or (ii) for timely and orderly completion by the required dates of Substantial Completion, Final Completion and any milestone dates required by the Owner.
16.1.4 The Construction Manager shall review, on a weekly basis, the actual status of the Work against the Construction Schedule. The Construction Manager shall discuss the status of the Work weekly with the designated Professional, so that proper overall management may be provided.
16.1.5 The Construction Manager shall periodically and in all instances when the Construction Manager anticipates that performance of the Work will be delayed or in fact has been delayed, but not less frequently than monthly, prepare a revised Construction Schedule and show actual progress of the Work through the revision date, projected completion of each remaining activity, activities modified since previous submittal, major changes in scope, and other identifiable changes. The updated Construction Schedule shall be accompanied by a narrative report which (i) states and explains any modifications of the critical path schedule, including any changes in logic; (ii) defines problem areas and lists areas of anticipated delays; (iii) explains the anticipated impact the problems and delays will have on the schedule and scheduled activities; (iv) reports corrective action taken or proposed; and (v) states how problems anticipated by projections shown on the schedule will be resolved to avoid delay in delivering the Work by the required dates of Substantial Completion and Final Completion, and other milestone dates required by the Owner, if any.
16.1.6 The Contractor’s initial Construction Schedule, developed pursuant to Article 2 of the Preconstruction Services shall be attached as Exhibit “2” to Appendix “M”. In the event that the attached Construction Schedule does not strictly comply with this Paragraph, the Owner does not waive, and specifically reserves, its right to require the Construction Manager‘s strict compliance with this Paragraph.
16.1.7 The receipt of the required updated Construction Schedule is a condition precedent to payment upon any Application for Payment. In addition, the Construction Manager agrees to provide an updated Construction Schedule which strictly complies with this Paragraph on or before ten (10) days after the Owner’s written request therefore. Any submissions of the Construction Schedule hereunder shall be in hard copy and electronic data file format, either in its native data format, or converted to a format requested by the Owner.
16.1.8 In the event any updated Construction Schedule indicates any delays to the required Milestones or Completion Date, the Construction Manager shall propose an affirmative plan to recover from any delay to achieve the Milestones and Completion Date, including overtime and/or additional labor, if necessary. In no event shall any updated Construction Schedule or plan for recovery hereunder constitute notice, demand or acceptance of an adjustment in the Contract Time, Contract Sum, any Milestone Date or the Completion Date unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order as provided in the Contract.
16.1.9 The Owner may, but is not required to, review any Construction Schedule for, among other things, whether the schedule describes in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date. The Owner may reject the Construction Schedule if the Construction Schedule fails to describe in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date, or, if the Construction Schedule indicates any delays to the required Milestones or Completion Date, whether the Construction Manager has provided a plan for recovery which describes in a manner satisfactory to the Owner, a reasonable and realistic recovery that achieves the required Milestones and Completion Date. If the Construction Schedule is not accepted by the Owner, the Construction Manager shall promptly revise the Construction Schedule in accordance with the reasonable recommendations of the Owner and re-submit a revised updated Construction Schedule to the Owner.
16.1.10 Construction Manager shall continuously monitor the progress of the Work for conformance with the requirements of in relation to the Construction Schedule and shall promptly advise the cash flow and update the Construction Schedule and the cash flow forecast with the monthly construction status report under Section 18.2(a), maintain the continuity of the Construction Schedule‟s CPM network for all updates and revisions and immediately notify Owner of any proposed change variance or potential variance in the scheduled completion dates;
(vi) advise the Consultant of any revisions required to the Construction Schedule as a result of extension of the Contract Time in accordance with Schedule 11 – Change Procedure;
(vii) identify potential variances between scheduling and scheduled completion dates, review the schedule of Work not started or incomplete and implement necessary adjustments in the Construction Schedule or of any delays or potential delays in order to meet the Scheduled Interim Completion Date, the Scheduled Substantial Completion Date and the Scheduled Final Completion Date set out in the Construction Schedule., including the movement of manpower and equipment in response to availability of work areas;
16.1.11 The Construction Manager shall engage such personnel and staff as are required to fulfill its requirements under this Section. At the very least, the Construction Manager shall staff the Project with one (1viii) scheduling manager who shall have, as his or her responsibility for the Project, the fulfillment of the Construction Manager’s requirements hereunder. The manager shall be assigned to the Project for such hours per week as are required to achieve the Construction Manager’s responsibilities hereunder and consistent with the conditions of the Project.
16.1.12 Construction Manager agrees to perform the Work in the manner, sequence and timing necessary to fully comply with the Construction ScheduleSchedule so as not to interfere with the activities of Owner in the Existing Facility;
(ix) monitor the Subcontractors‟ personnel staffing and equipment and the availability of materials and supplies in order to meet the Construction Schedule and take appropriate courses of action when the requirements of a Subcontract with any Project Co Party are not met;
(x) obtain from Project Co Parties a schedule showing the order number, or any updates thereof. vendor‟s name, shop drawing status, manufacturing lead time and delivery date of all critical material and equipment required for the Work;
(xi) pre-order equipment, materials and supplies where necessitated by cost and/or time factors and expedite delivery of critical items; and
(xii) in consultation with the Owner‟s Project Manager and the Consultant, include in the Construction Manager will perform Schedule the Work diligently, expeditiously and with adequate resources to complete all integration of the Work by equipment specifications, rough-in requirements, supply and installation, including of Owner‟s equipment to ensure that the date determined in ordering, delivery, receiving and supply of equipment does not impact on the Construction Schedule.
16.1.13 TIME IS OF THE ESSENCE WITH RESPECT TO EACH TERM OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE SUBSTANTIAL COMPLETION DATE, THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE AGREEMENT PURSUANT TO THE CONSTRUCTION SCHEDULE, INCLUDING WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK. THE CONSTRUCTION MANAGER ACKNOWLEDGES THAT THE ACHIEVEMENT OF SUBSTANTIAL COMPLETION OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK, AGREES THAT THE WORK CAN BE PERFORMED BY THE COMPLETION DATE AND OTHERWISE AGREES TO USE ITS BEST EFFORTS TO PERFORM THE WORK TO ACHIEVE THE SUBSTANTIAL COMPLETION BY THE COMPLETION DATE.
Appears in 1 contract
Sources: Project Agreement
Construction Schedule. The Construction Schedule for each phase of the project shall include all pertinent dates and periods for timely completion of the Work.
16.1.1 Unless otherwise directed and approved by the Owner, the Construction Manager General Contractor shall prepare the Construction Schedule as a critical path schedule with separate divisions for each major portion of the Work or operations. The Construction Schedule shall include and properly coordinate dates for performance of all divisions of the Work, including completion of off-site Site requirements and tasks, so that the Work can be completed in a timely and orderly fashion consistent with the required dates of Substantial Completion and Final Completion.
16.1.2 The Construction Schedule for a phase shall include (i) the date of the Notice to Proceed, (ii) the required Commencement Date, the required dates of Substantial Completion and Final Completion; (iiiii) any guideline and milestone dates required by the Owner; (iiiiv) any applicable subcontractor and supplier subschedules; (ivv) a submittal schedule which allows sufficient time for review of documents and submittals; (vvi) the complete sequence of construction by activity, with dates for beginning and completion of each element of construction; and (vivii) required decision dates.
16.1.3 By reviewing the Construction Schedule, the Owner and a Professional do not assume any of the Construction Manager’s General Contractor‟s responsibility (i) that the Construction Schedule be coordinated or complete; or (ii) for timely and orderly completion by the required dates of Substantial Completion, Final Completion and any milestone dates required by the Owner.
16.1.4 The Construction Manager General Contractor shall review, on a weekly basis, the actual status of the Work against the Construction Schedule. The Construction Manager General Contractor shall discuss the status of the Work weekly with the designated Professional, so that proper overall management may be provided.
16.1.5 The Construction Manager General Contractor shall periodically and in all instances when the Construction Manager General Contractor anticipates that performance of the Work will be delayed or in fact has been delayed, but not less frequently than monthly, prepare a revised Construction Schedule and show actual progress of the Work through the revision date, projected completion of each remaining activity, activities modified since previous submittal, major changes in scope, and other identifiable changes. The updated Construction Schedule shall be accompanied by a narrative report which (i) states and explains any modifications of the critical path schedule, including any changes in logic; (ii) defines problem areas and lists areas of anticipated delays; (iii) explains the anticipated impact the problems and delays will have on the schedule and scheduled activities; (iv) reports corrective action taken or proposed; and (v) states how problems anticipated by projections shown on the schedule will be resolved to avoid delay in delivering the Work by the required dates of Substantial Completion and Final Completion, and other milestone dates required by the Owner, if any.
16.1.6 The Contractor’s initial Construction Schedule, developed pursuant to Article 2 of the Preconstruction Services shall be attached as Exhibit “2” to Appendix “M”. In the event that the attached Construction Schedule does not strictly comply with this Paragraph, the Owner does not waive, and specifically reserves, its right to require the Construction Manager‘s strict compliance with this Paragraph.
16.1.7 The receipt of the required updated Construction Schedule is a condition precedent to payment upon any Application for Payment. In addition, the Construction Manager agrees to provide an updated Construction Schedule which strictly complies with this Paragraph on or before ten (10) days after the Owner’s written request therefore. Any submissions of the Construction Schedule hereunder shall be in hard copy and electronic data file format, either in its native data format, or converted to a format requested by the Owner.
16.1.8 In the event any updated Construction Schedule indicates any delays to the required Milestones or Completion Date, the Construction Manager shall propose an affirmative plan to recover from any delay to achieve the Milestones and Completion Date, including overtime and/or additional labor, if necessary. In no event shall any updated Construction Schedule or plan for recovery hereunder constitute notice, demand or acceptance of an adjustment in the Contract Time, Contract Sum, any Milestone Date or the Completion Date unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order as provided in the Contract.
16.1.9 The Owner may, but is not required to, review any Construction Schedule for, among other things, whether the schedule describes in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date. The Owner may reject the Construction Schedule if the Construction Schedule fails to describe in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date, or, if the Construction Schedule indicates any delays to the required Milestones or Completion Date, whether the Construction Manager has provided a plan for recovery which describes in a manner satisfactory to the Owner, a reasonable and realistic recovery that achieves the required Milestones and Completion Date. If the Construction Schedule is not accepted by the Owner, the Construction Manager shall promptly revise the Construction Schedule in accordance with the reasonable recommendations of the Owner and re-submit a revised updated Construction Schedule to the Owner.
16.1.10 Construction Manager shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the Owner of any proposed change in the Construction Schedule or of any delays or potential delays in the Construction Schedule.
16.1.11 The Construction Manager shall engage such personnel and staff as are required to fulfill its requirements under this Section. At the very least, the Construction Manager shall staff the Project with one (1) scheduling manager who shall have, as his or her responsibility for the Project, the fulfillment of the Construction Manager’s requirements hereunder. The manager shall be assigned to the Project for such hours per week as are required to achieve the Construction Manager’s responsibilities hereunder and consistent with the conditions of the Project.
16.1.12 Construction Manager agrees to perform the Work in the manner, sequence and timing necessary to fully comply with the Construction Schedule, or any updates thereof. Construction Manager will perform the Work diligently, expeditiously and with adequate resources to complete all of the Work by the date determined in the Construction Schedule.
16.1.13 TIME IS OF THE ESSENCE WITH RESPECT TO EACH TERM OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE SUBSTANTIAL COMPLETION DATE, THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE AGREEMENT PURSUANT TO THE CONSTRUCTION SCHEDULE, INCLUDING WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK. THE CONSTRUCTION MANAGER ACKNOWLEDGES THAT THE ACHIEVEMENT OF SUBSTANTIAL COMPLETION OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK, AGREES THAT THE WORK CAN BE PERFORMED BY THE COMPLETION DATE AND OTHERWISE AGREES TO USE ITS BEST EFFORTS TO PERFORM THE WORK TO ACHIEVE THE SUBSTANTIAL COMPLETION BY THE COMPLETION DATE.
Appears in 1 contract
Sources: Contract for Construction
Construction Schedule. The Construction Schedule for each phase of the project shall include all pertinent dates and periods for timely completion of the Work.
16.1.1 Unless otherwise directed and approved by the Owner, the Construction Manager DB shall prepare the Construction Schedule as a critical path schedule with separate divisions for each major portion of the Work or operations. The Construction Schedule shall include and properly coordinate dates for performance of all divisions of the Work, including completion of off-site off- Site requirements and tasks, so that the Work can be completed in a timely and orderly fashion consistent with the required dates of Substantial Completion and Final Completion.
16.1.2 The Construction Schedule for a phase shall include (i) the required Commencement Date, the required dates of Substantial Completion and Final Completion; (ii) any guideline and milestone dates required by the Owner; (iii) any applicable subcontractor and supplier subschedules; (iv) a submittal schedule which allows sufficient time for review of documents and submittals; (v) the complete sequence of construction by activity, with dates for beginning and completion of each element of construction; and (vi) required decision dates.of
16.1.3 By reviewing the Construction Schedule, the Owner and Professional do does not assume any of the Construction ManagerDB’s responsibility (i) that the Construction Schedule be coordinated or complete; or (ii) for timely and orderly completion by the required dates of Substantial Completion, Final Completion and any milestone dates required by the Owner.
16.1.4 The Construction Manager DB shall review, on a weekly basis, the actual status of the Work against the Construction Schedule. The Construction Manager DB shall discuss the status of the Work weekly with the designated Professional, Owner so that proper overall management may be provided.
16.1.5 The Construction Manager DB shall periodically and in all instances when the Construction Manager DB anticipates that performance of the Work will be delayed or in fact has been delayed, but not less frequently than monthly, prepare a revised Construction Schedule and show actual progress of the Work through the revision date, projected completion of each remaining activity, activities modified since previous submittal, major changes in scope, and other identifiable changes. The updated Construction Schedule shall be accompanied by a narrative report which (i) states and explains any modifications of the critical path schedule, including any changes in logic; (ii) defines problem areas and lists areas of anticipated delays; (iii) explains the anticipated impact the problems and delays will have on the schedule and scheduled activities; (iv) reports corrective action taken or proposed; and (v) states how problems anticipated by projections shown on the schedule will be resolved to avoid delay in delivering the Work by the required dates of Substantial Completion and Final Completion, and other milestone dates required by the Owner, if any.
16.1.6 The Contractor’s initial Construction Schedule, developed pursuant to Article 2 of the Preconstruction Services shall be attached as Exhibit “2” to Appendix “M”. In the event that the attached Construction Schedule does not strictly comply with this Paragraph, the Owner does not waive, and specifically reserves, its right to require the Construction Manager‘s strict compliance with this Paragraph.
16.1.7 The receipt of the required updated Construction Schedule is a condition precedent to payment upon any Application for Payment. In addition, the Construction Manager agrees to provide an updated Construction Schedule which strictly complies with this Paragraph on or before ten (10) days after the Owner’s written request therefore. Any submissions of the Construction Schedule hereunder shall be in hard copy and electronic data file format, either in its native data format, or converted to a format requested by the Owner.
16.1.8 In the event any updated Construction Schedule indicates any delays to the required Milestones or Completion Date, the Construction Manager shall propose an affirmative plan to recover from any delay to achieve the Milestones and Completion Date, including overtime and/or additional labor, if necessary. In no event shall any updated Construction Schedule or plan for recovery hereunder constitute notice, demand or acceptance of an adjustment in the Contract Time, Contract Sum, any Milestone Date or the Completion Date unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order as provided in the Contract.
16.1.9 The Owner may, but is not required to, review any Construction Schedule for, among other things, whether the schedule describes in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date. The Owner may reject the Construction Schedule if the Construction Schedule fails to describe in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date, or, if the Construction Schedule indicates any delays to the required Milestones or Completion Date, whether the Construction Manager has provided a plan for recovery which describes in a manner satisfactory to the Owner, a reasonable and realistic recovery that achieves the required Milestones and Completion Date. If the Construction Schedule is not accepted by the Owner, the Construction Manager shall promptly revise the Construction Schedule in accordance with the reasonable recommendations of the Owner and re-submit a revised updated Construction Schedule to the Owner.
16.1.10 Construction Manager shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the Owner of any proposed change in the Construction Schedule or of any delays or potential delays in the Construction Schedule.
16.1.11 The Construction Manager shall engage such personnel and staff as are required to fulfill its requirements under this Section. At the very least, the Construction Manager shall staff the Project with one (1) scheduling manager who shall have, as his or her responsibility for the Project, the fulfillment of the Construction Manager’s requirements hereunder. The manager shall be assigned to the Project for such hours per week as are required to achieve the Construction Manager’s responsibilities hereunder and consistent with the conditions of the Project.
16.1.12 Construction Manager agrees to perform the Work in the manner, sequence and timing necessary to fully comply with the Construction Schedule, or any updates thereof. Construction Manager will perform the Work diligently, expeditiously and with adequate resources to complete all of the Work by the date determined in the Construction Schedule.
16.1.13 TIME IS OF THE ESSENCE WITH RESPECT TO EACH TERM OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE SUBSTANTIAL COMPLETION DATE, THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE AGREEMENT PURSUANT TO THE CONSTRUCTION SCHEDULE, INCLUDING WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK. THE CONSTRUCTION MANAGER ACKNOWLEDGES THAT THE ACHIEVEMENT OF SUBSTANTIAL COMPLETION OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK, AGREES THAT THE WORK CAN BE PERFORMED BY THE COMPLETION DATE AND OTHERWISE AGREES TO USE ITS BEST EFFORTS TO PERFORM THE WORK TO ACHIEVE THE SUBSTANTIAL COMPLETION BY THE COMPLETION DATE.
Appears in 1 contract
Sources: Contract Between Owner and Design / Builder for Design and Construction Services
Construction Schedule. The Construction Schedule for each phase of the project shall include all pertinent dates and periods for timely completion of the Work.
16.1.1 Unless otherwise directed and approved by the Owner, the Construction Manager DB shall prepare the Construction Schedule as a critical path schedule with separate divisions for each major portion of the Work or operations. The Construction Schedule shall include and properly coordinate dates for performance of all divisions of the Work, including completion of off-site off- Site requirements and tasks, so that the Work can be completed in a timely and orderly fashion consistent with the required dates of Substantial Completion and Final Completion.
16.1.2 The Construction Schedule for a phase shall include (i) the required Commencement Date, the required dates of Substantial Completion and Final Completion; (ii) any guideline and milestone dates required by the Owner; (iii) any applicable subcontractor and supplier subschedules; (iv) a submittal schedule which allows sufficient time for review of documents and submittals; (v) the complete sequence of construction by activity, with dates for beginning and completion of each element of construction; and (vi) required decision dates.
16.1.3 By reviewing the Construction Schedule, the Owner and Professional do does not assume any of the Construction ManagerDB’s responsibility (i) that the Construction Schedule be coordinated or complete; or (ii) for timely and orderly completion by the required dates of Substantial Completion, Final Completion and any milestone dates required by the Owner.
16.1.4 The Construction Manager DB shall review, on a weekly basis, the actual status of the Work against the Construction Schedule. The Construction Manager DB shall discuss the status of the Work weekly with the designated Professional, Owner so that proper overall management may be provided.
16.1.5 The Construction Manager DB shall periodically and in all instances when the Construction Manager DB anticipates that performance of the Work will be delayed or in fact has been delayed, but not less frequently than monthly, prepare a revised Construction Schedule and show actual progress of the Work through the revision date, projected completion of each remaining activity, activities modified since previous submittal, major changes in scope, and other identifiable changes. The updated Construction Schedule shall be accompanied by a narrative report which (i) states and explains any modifications of the critical path schedule, including any changes in logic; (ii) defines problem areas and lists areas of anticipated delays; (iii) explains the anticipated impact the problems and delays will have on the schedule and scheduled activities; (iv) reports corrective action taken or proposed; and (v) states how problems anticipated by projections shown on the schedule will be resolved to avoid delay in delivering the Work by the required dates of Substantial Completion and Final Completion, and other milestone dates required by the Owner, if any.
16.1.6 The Contractor’s initial Construction Schedule, developed pursuant to Article 2 of the Preconstruction Services shall be attached as Exhibit “2” to Appendix “M”. In the event that the attached Construction Schedule does not strictly comply with this Paragraph, the Owner does not waive, and specifically reserves, its right to require the Construction Manager‘s strict compliance with this Paragraph.
16.1.7 The receipt of the required updated Construction Schedule is a condition precedent to payment upon any Application for Payment. In addition, the Construction Manager agrees to provide an updated Construction Schedule which strictly complies with this Paragraph on or before ten (10) days after the Owner’s written request therefore. Any submissions of the Construction Schedule hereunder shall be in hard copy and electronic data file format, either in its native data format, or converted to a format requested by the Owner.
16.1.8 In the event any updated Construction Schedule indicates any delays to the required Milestones or Completion Date, the Construction Manager shall propose an affirmative plan to recover from any delay to achieve the Milestones and Completion Date, including overtime and/or additional labor, if necessary. In no event shall any updated Construction Schedule or plan for recovery hereunder constitute notice, demand or acceptance of an adjustment in the Contract Time, Contract Sum, any Milestone Date or the Completion Date unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order as provided in the Contract.
16.1.9 The Owner may, but is not required to, review any Construction Schedule for, among other things, whether the schedule describes in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date. The Owner may reject the Construction Schedule if the Construction Schedule fails to describe in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date, or, if the Construction Schedule indicates any delays to the required Milestones or Completion Date, whether the Construction Manager has provided a plan for recovery which describes in a manner satisfactory to the Owner, a reasonable and realistic recovery that achieves the required Milestones and Completion Date. If the Construction Schedule is not accepted by the Owner, the Construction Manager shall promptly revise the Construction Schedule in accordance with the reasonable recommendations of the Owner and re-submit a revised updated Construction Schedule to the Owner.
16.1.10 Construction Manager shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the Owner of any proposed change in the Construction Schedule or of any delays or potential delays in the Construction Schedule.
16.1.11 The Construction Manager shall engage such personnel and staff as are required to fulfill its requirements under this Section. At the very least, the Construction Manager shall staff the Project with one (1) scheduling manager who shall have, as his or her responsibility for the Project, the fulfillment of the Construction Manager’s requirements hereunder. The manager shall be assigned to the Project for such hours per week as are required to achieve the Construction Manager’s responsibilities hereunder and consistent with the conditions of the Project.
16.1.12 Construction Manager agrees to perform the Work in the manner, sequence and timing necessary to fully comply with the Construction Schedule, or any updates thereof. Construction Manager will perform the Work diligently, expeditiously and with adequate resources to complete all of the Work by the date determined in the Construction Schedule.
16.1.13 TIME IS OF THE ESSENCE WITH RESPECT TO EACH TERM OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE SUBSTANTIAL COMPLETION DATE, THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE AGREEMENT PURSUANT TO THE CONSTRUCTION SCHEDULE, INCLUDING WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK. THE CONSTRUCTION MANAGER ACKNOWLEDGES THAT THE ACHIEVEMENT OF SUBSTANTIAL COMPLETION OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK, AGREES THAT THE WORK CAN BE PERFORMED BY THE COMPLETION DATE AND OTHERWISE AGREES TO USE ITS BEST EFFORTS TO PERFORM THE WORK TO ACHIEVE THE SUBSTANTIAL COMPLETION BY THE COMPLETION DATE.
Appears in 1 contract
Sources: Contract Between Owner and Design / Builder for Design and Construction Services
Construction Schedule. The Construction Schedule for each phase of the project shall will include all pertinent dates and periods for timely completion of the Work.
16.1.1 Unless otherwise directed and approved by the OwnerCounty, the Construction Manager shall prepare the Construction Schedule as a critical path schedule with separate divisions for each major portion of the Work or operations. The Construction Schedule shall must include and properly coordinate dates for performance of all divisions of the Work, including completion of off-site requirements and tasks, so that the Work can be completed in a timely and orderly fashion consistent with the required dates of Substantial Completion and Final Completion.
16.1.2 The Construction Schedule for a phase shall must include (i) the required Commencement Date, the required dates of Substantial Completion and Final Completion; (ii) any guideline and milestone dates required by the OwnerCounty; (iii) any applicable subcontractor and supplier subschedules; (iv) a submittal schedule which allows sufficient time for review of documents and submittals; (v) the complete sequence of construction by activity, with dates for beginning and completion of each element of construction; and (vi) required decision dates.
16.1.3 By reviewing the Construction Schedule, the Owner County and Professional do not assume any of the Construction Manager’s responsibility (i) that the Construction Schedule be coordinated or complete; or (ii) for timely and orderly completion by the required dates of Substantial Completion, Final Completion and any milestone dates required by the OwnerCounty.
16.1.4 The Construction Manager shall review, on a weekly basis, the actual status of the Work against the Construction Schedule. The Construction Manager shall discuss the status of the Work weekly with the designated Professional, so that proper overall management may be provided.
16.1.5 The Construction Manager shall periodically and in all instances when the Construction Manager anticipates that performance of the Work will be delayed or in fact has been delayed, but not less frequently than monthly, prepare a revised Construction Schedule and show actual progress of the Work through the revision date, projected completion of each remaining activity, activities modified since previous submittal, major changes in scope, and other identifiable changes. The updated Construction Schedule shall must be accompanied by a narrative report which (i) states and explains any modifications of the critical path schedule, including any changes in logic; (ii) defines problem areas and lists areas of anticipated delays; (iii) explains the anticipated impact the problems and delays will have on the schedule and scheduled activities; (iv) reports corrective action taken or proposed; and (v) states how problems anticipated by projections shown on the schedule will be resolved to avoid delay in delivering the Work by the required dates of Substantial Completion and Final Completion, and other milestone dates required by the OwnerCounty, if any.
16.1.6 The Contractor’s initial Construction Schedule, developed pursuant to Article 2 of the Preconstruction Services shall must be attached as Exhibit “2” to Appendix “M”. In the event that the attached Construction Schedule does not strictly comply with this Paragraph, the Owner County does not waive, and specifically reserves, its right to require the Construction Manager‘s Manager’s strict compliance with this Paragraph.
16.1.7 The receipt of the required updated Construction Schedule is a condition precedent to payment upon any Application for Payment. In addition, the Construction Manager agrees to will provide an updated Construction Schedule which strictly complies with this Paragraph on or before ten (10) days after the OwnerCounty’s written request thereforerequest. Any submissions of the Construction Schedule hereunder shall under this Agreement must be in hard copy and electronic data file format, either in its native data format, or converted to a format requested by the OwnerCounty.
16.1.8 In the event any updated Construction Schedule indicates any delays to the required Milestones or Completion Date, the Construction Manager shall propose an affirmative plan to recover from any delay to achieve the Milestones and Completion Date, including overtime and/or and additional labor, if necessary. In no event shall will any updated Construction Schedule or plan for recovery hereunder under this Agreement constitute notice, demand or acceptance of an adjustment in the Contract Time, Contract Sum, any Milestone Date or the Completion Date unless any such adjustment is agreed to by the Owner County and authorized pursuant to Change Order as provided in the Contract.
16.1.9 The Owner County may, but is not required to, review any Construction Schedule for, among other things, whether the schedule describes in a manner satisfactory to the OwnerCounty, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date. The Owner County may reject the Construction Schedule if the Construction Schedule fails to describe in a manner satisfactory to the OwnerCounty, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date, or, if the Construction Schedule indicates any delays to the required Milestones or Completion Date, whether the Construction Manager has provided a plan for recovery which describes in a manner satisfactory to the OwnerCounty, a reasonable and realistic recovery that achieves the required Milestones and Completion Date. If the Construction Schedule is not accepted by the OwnerCounty, the Construction Manager shall promptly revise the Construction Schedule in accordance with the reasonable recommendations of the Owner County and re-submit a revised updated Construction Schedule to the OwnerCounty.
16.1.10 The Construction Manager shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the Owner County of any proposed change in the Construction Schedule or of any delays or potential delays in the Construction Schedule.
16.1.11 The Construction Manager shall engage such personnel and staff as are required to fulfill its requirements under this Section. At the very least, the Construction Manager shall staff the Project with one (1) scheduling manager who shall will have, as his or her responsibility for the Project, the fulfillment of the Construction Manager’s requirements hereunderunder this Agreement. The manager shall will be assigned to the Project for such hours per week as are required to achieve the Construction Manager’s responsibilities hereunder under this Agreement and consistent with the conditions of the Project.
16.1.12 Construction Manager agrees to will perform the Work in the manner, sequence and timing necessary to fully comply with the Construction Schedule, or Schedule and any updates thereofupdates. Construction Manager will perform the Work diligently, expeditiously and with adequate resources to complete all of the Work by the date determined in the Construction Schedule.
16.1.13 TIME IS OF THE ESSENCE WITH RESPECT TO EACH TERM OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE SUBSTANTIAL COMPLETION DATE, THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE AGREEMENT PURSUANT TO THE CONSTRUCTION SCHEDULE, INCLUDING WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK. THE CONSTRUCTION MANAGER ACKNOWLEDGES THAT THE ACHIEVEMENT OF SUBSTANTIAL COMPLETION OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK, AGREES THAT THE WORK CAN BE PERFORMED BY THE COMPLETION DATE AND OTHERWISE AGREES TO WILL USE ITS BEST EFFORTS TO PERFORM THE WORK TO ACHIEVE THE SUBSTANTIAL COMPLETION BY THE COMPLETION DATE.
Appears in 1 contract
Sources: Construction Management Agreement
Construction Schedule. The Construction Schedule for each phase Within thirty (30) days after the date of the project shall include all pertinent dates and periods for timely completion Owner's execution of the Work.
16.1.1 Unless otherwise directed and approved by the Ownera Project GMP, the Construction Manager shall prepare and submit to the Construction Schedule as Project Team a critical path schedule with separate divisions for each major portion of the Work or operations. The Construction Schedule shall include and properly coordinate dates for performance of all divisions of the Workconstruction schedule, including completion of off-site requirements and tasks, so that the Work can be completed in a timely and orderly fashion consistent with the Master Schedule, graphically depicting the activities contemplated to occur as a necessary incident to performance of the work required to complete this project, and showing the sequence in which the Construction Manager proposes for each such activity to occur and duration (dates of Substantial Completion commencement and Final Completion.
16.1.2 The Construction Schedule for a phase shall include (icompletion, respectively) of each such activity. Following development and submittal of the required Commencement Dateconstruction schedules described above, the required dates of Substantial Completion and Final Completion; (ii) any guideline and milestone dates required by Construction Manager shall, at the Owner; (iii) any applicable subcontractor and supplier subschedules; (iv) a submittal schedule which allows sufficient time for review of documents and submittals; (v) the complete sequence of construction by activity, with dates for beginning and completion end of each element calendar month occurring thereafter during the period of construction; and (vi) time required decision to finally complete this project, or at such earlier intervals as circumstances may require, update and/or revise this Project construction schedule to show the actual progress of the work performed, variance from scheduled completion dates.
16.1.3 By reviewing the Construction Schedule, the Owner and Professional do not assume any occurrence of all events which have affected the progress of performance of the Construction Manager’s responsibility (i) that work already performed or will affect the Construction Schedule be coordinated or complete; or (ii) for timely and orderly completion by the required dates of Substantial Completion, Final Completion and any milestone dates required by the Owner.
16.1.4 The Construction Manager shall review, on a weekly basis, the actual status progress of the Work against performance of the Construction Schedulework yet to be performed in contrast with the planned progress of performance of such work, as depicted on the original construction schedule, and all updates and/or revisions thereto as reflected in the updated and/or revised construction schedule last submitted prior to submittal of each such monthly update and revision. The Construction Manager shall discuss also provide a short-term, look-ahead schedule and a summary schedule for this Project. Each such update and/or revision to a construction schedule for a Project and the status overall Project shall be submitted to the Project Administrator and shall be available electronically to all members of the Work weekly with the designated Professional, so that proper overall management may be provided.
16.1.5 Project Team. The Construction Manager shall periodically and make recommendations to the Project Administrator in all instances when order to meet the milestone dates of the master schedule. The Construction Manager anticipates that performance shall prepare and incorporate into the schedule data base, at the required intervals, the following schedules for this project: Pre-Bid Schedules. The Construction Manager shall prepare a construction schedule for work encompassed in each bid scope. The schedule shall be sufficiently detailed as to be suitable for inclusion in the bid scope as a framework for contract completion by the successful bidder, shall show the interrelationships between the work of the Work will be delayed or in fact has been delayedsuccessful bidder and that of other subcontractors for the applicable project, but not less frequently than monthly, prepare a revised and shall establish milestones keyed to the applicable master project schedule. Subcontractor Construction Schedule and show actual progress of Schedules. Upon the Work through the revision date, projected completion award of each remaining activity, activities modified since previous submittal, major changes in scope, and other identifiable changes. The updated Construction Schedule shall be accompanied by a narrative report which (i) states and explains any modifications of the critical path schedule, including any changes in logic; (ii) defines problem areas and lists areas of anticipated delays; (iii) explains the anticipated impact the problems and delays will have on the schedule and scheduled activities; (iv) reports corrective action taken or proposed; and (v) states how problems anticipated by projections shown on the schedule will be resolved to avoid delay in delivering the Work by the required dates of Substantial Completion and Final Completion, and other milestone dates required by the Owner, if any.
16.1.6 The Contractor’s initial Construction Schedule, developed pursuant to Article 2 of the Preconstruction Services shall be attached as Exhibit “2” to Appendix “M”. In the event that the attached Construction Schedule does not strictly comply with this Paragraph, the Owner does not waive, and specifically reserves, its right to require the Construction Manager‘s strict compliance with this Paragraph.
16.1.7 The receipt of the required updated Construction Schedule is a condition precedent to payment upon any Application for Payment. In addition, the Construction Manager agrees to provide an updated Construction Schedule which strictly complies with this Paragraph on or before ten (10) days after the Owner’s written request therefore. Any submissions of the Construction Schedule hereunder shall be in hard copy and electronic data file format, either in its native data format, or converted to a format requested by the Owner.
16.1.8 In the event any updated Construction Schedule indicates any delays to the required Milestones or Completion Datesubcontract, the Construction Manager shall propose an affirmative plan to recover from any delay to achieve jointly with the Milestones and Completion Datesubcontractor, including overtime and/or additional labor, if necessary. In no event shall any updated Construction Schedule or plan for recovery hereunder constitute notice, demand or acceptance of an adjustment develop a schedule that is more detailed than the pre-bid schedule included in the Contract Timespecifications, Contract Sum, any Milestone Date or taking into account the Completion Date unless any such adjustment is agreed work schedule of the other subcontractors. The construction schedule shall include as many activities as necessary to by the Owner and authorized pursuant to Change Order as provided in the Contract.
16.1.9 The Owner may, but is not required to, review any Construction Schedule for, among other things, whether make the schedule describes in an effective tool for construction planning and for monitoring the performance of the subcontractor. The subcontractor construction schedule shall also show pertinent activities for material purchase orders, manpower supply, shop plan schedules and material delivery schedules. All subcontractor schedules shall be integrated into, made a manner satisfactory part of and conform to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date. The Owner may reject the Construction Schedule if the Construction Schedule fails to describe in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date, or, if the Construction Schedule indicates any delays to the required Milestones or Completion Date, whether the Construction Manager has provided a plan for recovery which describes in a manner satisfactory to the Owner, a reasonable and realistic recovery that achieves the required Milestones and Completion Date. If the Construction Schedule is not accepted by the Owner, the Construction Manager shall promptly revise the Construction Schedule in accordance with the reasonable recommendations of the Owner and re-submit a revised updated Construction Schedule to the Ownermaster project schedule.
16.1.10 Construction Manager shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the Owner of any proposed change in the Construction Schedule or of any delays or potential delays in the Construction Schedule.
16.1.11 The Construction Manager shall engage such personnel and staff as are required to fulfill its requirements under this Section. At the very least, the Construction Manager shall staff the Project with one (1) scheduling manager who shall have, as his or her responsibility for the Project, the fulfillment of the Construction Manager’s requirements hereunder. The manager shall be assigned to the Project for such hours per week as are required to achieve the Construction Manager’s responsibilities hereunder and consistent with the conditions of the Project.
16.1.12 Construction Manager agrees to perform the Work in the manner, sequence and timing necessary to fully comply with the Construction Schedule, or any updates thereof. Construction Manager will perform the Work diligently, expeditiously and with adequate resources to complete all of the Work by the date determined in the Construction Schedule.
16.1.13 TIME IS OF THE ESSENCE WITH RESPECT TO EACH TERM OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE SUBSTANTIAL COMPLETION DATE, THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE AGREEMENT PURSUANT TO THE CONSTRUCTION SCHEDULE, INCLUDING WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK. THE CONSTRUCTION MANAGER ACKNOWLEDGES THAT THE ACHIEVEMENT OF SUBSTANTIAL COMPLETION OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK, AGREES THAT THE WORK CAN BE PERFORMED BY THE COMPLETION DATE AND OTHERWISE AGREES TO USE ITS BEST EFFORTS TO PERFORM THE WORK TO ACHIEVE THE SUBSTANTIAL COMPLETION BY THE COMPLETION DATE.
Appears in 1 contract
Sources: Construction Manager Agreement
Construction Schedule. 12.1 The Construction Schedule Schedule
(a) Project Co shall:
(i) review the proposed schedules and deadlines of HMQ for the Projects and where HMQ has not specified particular dates for occupancy, Project Co shall set those dates so as to achieve occupancy of each phase of the project shall Facility on an as early as achievable basis and include all pertinent dates and periods for timely completion of the Work.
16.1.1 Unless otherwise directed and approved by the Owner, the Construction Manager shall prepare the them in its proposed Construction Schedule under Section 12.1(a)(ii);
(ii) prepare and submit to HMQ and the Consultant as soon as practical and in any event within 45 days of Financial Close, a detailed computerized Construction Schedule (in both hard paper copy and computer readable soft copy) using a critical path method (“CPM”) network and a Construction Schedule dependent cash flow forecast, each in a form approved by HMQ. The planning and schedule software shall be “Primavera” with separate divisions for each major portion of the Work or operationsmost current release available to be used. The Construction Schedule and any other schedule related reporting requirements of Project Co shall include conform to the phasing and properly coordinate dates sequencing requirements for performance of all divisions of the WorkWork as set out in the Contract Documents, including completion of off-site requirements and tasks, so that the Work can work to be completed in a timely and orderly fashion consistent with by HMQ’s own forces or by other contractors, the required dates of Scheduled Substantial Completion and Final Completion.
16.1.2 The Construction Schedule for a phase shall include (i) the required Commencement Date, the required dates Scheduled Final Completion Date, the Specifications included in Division 1 of the Contract Documents, including, the sequencing requirements, and shall include the requirements, if any, of Section 3.2(d)(iv), the schedule for Commissioning of the Work and for achieving the Scheduled Substantial Completion Date and the Scheduled Final Completion; (ii) any guideline Completion Date. HMQ and milestone dates required by the Owner; Consultant will respond to Project Co, in writing, within 10 Business Days of receipt of each Construction Schedule, with either its detailed comments or acceptance of such Construction Schedule as complete;
(iii) any applicable subcontractor in the event that HMQ and supplier subschedules; (iv) a submittal schedule which allows sufficient time for review of documents and submittals; (v) the complete sequence of construction by activity, with dates for beginning and completion of each element of construction; and (vi) required decision dates.
16.1.3 By reviewing the Construction Schedule, the Owner and Professional Consultant do not assume any accept Project Co’s initial Construction Schedule submission as complete, Project Co shall re- submit such Construction Schedule as many times as necessary, revised in accordance with HMQ’s and the Consultant’s detailed comments and each re-submission shall be provided within 5 Business Days of receipt of the Construction ManagerConsultant’s responsibility (i) that and HMQ’s detailed comments, who in turn shall also respond within 5 Business Days. When the Construction Schedule be coordinated or complete; or (ii) for timely and orderly completion by the required dates of Substantial Completion, Final Completion and any milestone dates required by the Owner.
16.1.4 The Construction Manager shall review, on a weekly basis, the actual status of the Work against the Construction Schedule. The Construction Manager shall discuss the status of the Work weekly with the designated Professional, so that proper overall management may be provided.
16.1.5 The Construction Manager shall periodically and in all instances when the Construction Manager anticipates that performance of the Work will be delayed or in fact has been delayedaccepted as complete by HMQ and the Consultant, but not less frequently than monthly, prepare a revised it shall be the baseline Construction Schedule and show actual against which Project Co shall monitor progress of the Work through for the revision date, projected completion of each remaining activity, activities modified since previous submittal, major changes in scope, and other identifiable changes. The updated Construction Schedule shall be accompanied by a narrative report which (i) states and explains any modifications of the critical path schedule, including any changes in logic; (ii) defines problem areas and lists areas of anticipated delays; (iii) explains the anticipated impact the problems and delays will have on the schedule and scheduled activities; applicable Project;
(iv) reports corrective action taken advise the Consultant promptly of any error or proposed; omission in the Construction Schedule and correct such error or omission;
(v) states how problems anticipated by projections shown on the schedule will be resolved to avoid delay in delivering the Work by the required dates of Substantial Completion and Final Completion, and other milestone dates required by the Owner, if any.
16.1.6 The Contractor’s initial Construction Schedule, developed pursuant to Article 2 of the Preconstruction Services shall be attached as Exhibit “2” to Appendix “M”. In the event that the attached Construction Schedule does not strictly comply with this Paragraph, the Owner does not waive, and specifically reserves, its right to require the Construction Manager‘s strict compliance with this Paragraph.
16.1.7 The receipt of the required updated Construction Schedule is a condition precedent to payment upon any Application for Payment. In addition, the Construction Manager agrees to provide an updated Construction Schedule which strictly complies with this Paragraph on or before ten (10) days after the Owner’s written request therefore. Any submissions of the Construction Schedule hereunder shall be in hard copy and electronic data file format, either in its native data format, or converted to a format requested by the Owner.
16.1.8 In the event any updated Construction Schedule indicates any delays to the required Milestones or Completion Date, the Construction Manager shall propose an affirmative plan to recover from any delay to achieve the Milestones and Completion Date, including overtime and/or additional labor, if necessary. In no event shall any updated Construction Schedule or plan for recovery hereunder constitute notice, demand or acceptance of an adjustment in the Contract Time, Contract Sum, any Milestone Date or the Completion Date unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order as provided in the Contract.
16.1.9 The Owner may, but is not required to, review any Construction Schedule for, among other things, whether the schedule describes in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date. The Owner may reject the Construction Schedule if the Construction Schedule fails to describe in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date, or, if the Construction Schedule indicates any delays to the required Milestones or Completion Date, whether the Construction Manager has provided a plan for recovery which describes in a manner satisfactory to the Owner, a reasonable and realistic recovery that achieves the required Milestones and Completion Date. If the Construction Schedule is not accepted by the Owner, the Construction Manager shall promptly revise the Construction Schedule in accordance with the reasonable recommendations of the Owner and re-submit a revised updated Construction Schedule to the Owner.
16.1.10 Construction Manager shall continuously monitor the progress of the Work for conformance with the requirements of in relation to the Construction Schedule and shall promptly the cash flow and update the Construction Schedules and the cash flow forecast with the monthly construction status report under Section 18.2(a), maintain the continuity of the Construction Schedule’s CPM network for all updates and revisions and immediately notify HMQ of any variance or potential variance in the scheduled completion dates;
(vi) advise the Owner Consultant of any proposed change revisions required to the Construction Schedule as a result of extension of the Contract Time in accordance with Schedule 11 – Change Procedure;
(vii) identify potential variances between scheduling and scheduled completion dates, review the schedule of Work not started or incomplete and implement necessary adjustments in the Construction Schedule or of any delays or potential delays in order to meet the Scheduled Substantial Completion Date and the Scheduled Final Completion Date set out in such Construction Schedule., including the movement of manpower and equipment in response to availability of work areas;
16.1.11 The Construction Manager shall engage such personnel and staff as are required to fulfill its requirements under this Section. At the very least, the Construction Manager shall staff the Project with one (1viii) scheduling manager who shall have, as his or her responsibility for the Project, the fulfillment of the Construction Manager’s requirements hereunder. The manager shall be assigned to the Project for such hours per week as are required to achieve the Construction Manager’s responsibilities hereunder and consistent with the conditions of the Project.
16.1.12 Construction Manager agrees to perform the Work in the manner, sequence and timing necessary to fully comply with the Construction Schedule, or any updates thereof. Construction Manager will perform Schedule so as not to interfere with the Work diligently, expeditiously and with adequate resources to complete all operation of the Work Existing Facility;
(ix) monitor the Subcontractors’ personnel staffing and equipment and the availability of materials and supplies in order to meet the Construction Schedules and take appropriate courses of action when the requirements of a Subcontract with any Project Co Party are not met;
(x) obtain from Project Co Parties a schedule showing the order number, vendor’s name, shop drawing status, manufacturing lead time and delivery date of all critical material and equipment required for the Work;
(xi) pre-order equipment, materials and supplies where necessitated by cost and/or time factors and expedite delivery of critical items;
(xii) in consultation with HMQ’s Project Manager and the date determined Consultant, include in each Construction Schedule the integration of the equipment specifications, rough-in requirements, supply and installation, including of HMQ’s equipment to ensure that the ordering, delivery, receiving and supply of equipment does not impact the Construction Schedules; and
(xiii) schedule, in consultation with HMQ, submittals to and reviews by necessary Sports Governing Authorities to permit timely certification(s) by such Sports Governing Authorities of the parts of the Facility to be used for the Pan American Games and Parapan American Games, which certification(s) (as more particularly described in the Construction ScheduleSpecifications) are required to host the following events:
(A) field hockey;
(B) badminton; and
(C) water polo.
16.1.13 TIME IS OF THE ESSENCE WITH RESPECT TO EACH TERM OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE SUBSTANTIAL COMPLETION DATE, THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE AGREEMENT PURSUANT TO THE CONSTRUCTION SCHEDULE, INCLUDING WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK. THE CONSTRUCTION MANAGER ACKNOWLEDGES THAT THE ACHIEVEMENT OF SUBSTANTIAL COMPLETION OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK, AGREES THAT THE WORK CAN BE PERFORMED BY THE COMPLETION DATE AND OTHERWISE AGREES TO USE ITS BEST EFFORTS TO PERFORM THE WORK TO ACHIEVE THE SUBSTANTIAL COMPLETION BY THE COMPLETION DATE.
Appears in 1 contract
Sources: Project Agreement
Construction Schedule. 12.1 The Construction Schedule Schedule
(a) Project Co shall:
(i) review the proposed schedules and deadlines of STEGH for each phase the Project and where STEGH has not specified particular dates for occupancy, Project Co shall set those dates so as to achieve occupancy of the project Facility on an as early as achievable basis and include them in its proposed draft Construction Schedule under Section 12.1(a)(ii);
(ii) prepare and submit to STEGH and the Consultant as soon as practical and in any event within 45 days of Financial Close, a detailed computerized draft Construction Schedule (in both hard paper copy and computer readable soft copy) using a critical path method (“CPM”) network and a draft Construction Schedule dependent cash flow forecast, each in a form approved by STEGH. For clarity, the draft Construction Schedule shall include show all pertinent dates the schedule underlying assumptions, including tasks interdependency and periods schedule floats. The planning and schedule software shall be “Primavera” with the most current release available to be used. The draft Construction Schedule and any other schedule related reporting requirements of Project Co shall conform to the phasing and sequencing requirements for timely the Work as set out in the Contract Documents, including the work to be completed by STEGH’s own forces or by other contractors, the Scheduled Substantial Completion Date, the Scheduled Final Completion Date, the completion of the Work.
16.1.1 Unless otherwise directed and approved by the OwnerRemaining Works, the Specifications included in Division 1 of the Contract Documents, including, the sequencing requirements, the schedule for Commissioning of the Work and for achieving the Scheduled Substantial Completion Date and the Scheduled Final Completion Date. STEGH and the Consultant will respond to Project Co, in writing, within 10 Business Days of receipt of each draft Construction Manager shall prepare the Schedule, with either its detailed comments or acceptance of such Construction Schedule as a critical path schedule with separate divisions for each major portion of the Work or operations. The Construction Schedule shall include and properly coordinate dates for performance of all divisions of the Work, including completion of off-site requirements and tasks, so that the Work can be completed in a timely and orderly fashion consistent with the required dates of Substantial Completion and Final Completion.complete;
16.1.2 The Construction Schedule for a phase shall include (i) the required Commencement Date, the required dates of Substantial Completion and Final Completion; (ii) any guideline and milestone dates required by the Owner; (iii) any applicable subcontractor in the event that STEGH and supplier subschedules; (iv) a submittal schedule which allows sufficient time for review of documents and submittals; (v) the complete sequence of construction by activity, with dates for beginning and completion of each element of construction; and (vi) required decision dates.
16.1.3 By reviewing the Construction Schedule, the Owner and Professional Consultant do not assume any accept Project Co’s draft Construction Schedule submission as complete, Project Co shall re- submit such draft Construction Schedule as many times as necessary, revised in accordance with STEGH’s and the Consultant’s detailed comments and each re-submission shall be provided within 5 Business Days of receipt of the Construction ManagerConsultant’s responsibility (i) that and STEGH’s detailed comments, who in turn shall also respond within 5 Business Days. When the draft Construction Schedule be coordinated or complete; or (ii) for timely and orderly completion by the required dates of Substantial Completion, Final Completion and any milestone dates required by the Owner.
16.1.4 The Construction Manager shall review, on a weekly basis, the actual status of the Work against the Construction Schedule. The Construction Manager shall discuss the status of the Work weekly with the designated Professional, so that proper overall management may be provided.
16.1.5 The Construction Manager shall periodically and in all instances when the Construction Manager anticipates that performance of the Work will be delayed or in fact has been delayedaccepted as complete by STEGH and the Consultant, but not less frequently than monthly, prepare a revised it shall be the baseline Construction Schedule and show actual against which Project Co shall monitor progress of the Work through for the revision date, projected completion of each remaining activity, activities modified since previous submittal, major changes in scope, and other identifiable changes. The updated Construction Schedule shall be accompanied by a narrative report which (i) states and explains any modifications of the critical path schedule, including any changes in logic; (ii) defines problem areas and lists areas of anticipated delays; (iii) explains the anticipated impact the problems and delays will have on the schedule and scheduled activities; Project;
(iv) reports corrective action taken advise the Consultant promptly of any error or proposed; omission in the Construction Schedule and correct such error or omission;
(v) states how problems anticipated by projections shown on the schedule will be resolved to avoid delay in delivering the Work by the required dates of Substantial Completion and Final Completion, and other milestone dates required by the Owner, if any.
16.1.6 The Contractor’s initial Construction Schedule, developed pursuant to Article 2 of the Preconstruction Services shall be attached as Exhibit “2” to Appendix “M”. In the event that the attached Construction Schedule does not strictly comply with this Paragraph, the Owner does not waive, and specifically reserves, its right to require the Construction Manager‘s strict compliance with this Paragraph.
16.1.7 The receipt of the required updated Construction Schedule is a condition precedent to payment upon any Application for Payment. In addition, the Construction Manager agrees to provide an updated Construction Schedule which strictly complies with this Paragraph on or before ten (10) days after the Owner’s written request therefore. Any submissions of the Construction Schedule hereunder shall be in hard copy and electronic data file format, either in its native data format, or converted to a format requested by the Owner.
16.1.8 In the event any updated Construction Schedule indicates any delays to the required Milestones or Completion Date, the Construction Manager shall propose an affirmative plan to recover from any delay to achieve the Milestones and Completion Date, including overtime and/or additional labor, if necessary. In no event shall any updated Construction Schedule or plan for recovery hereunder constitute notice, demand or acceptance of an adjustment in the Contract Time, Contract Sum, any Milestone Date or the Completion Date unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order as provided in the Contract.
16.1.9 The Owner may, but is not required to, review any Construction Schedule for, among other things, whether the schedule describes in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date. The Owner may reject the Construction Schedule if the Construction Schedule fails to describe in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date, or, if the Construction Schedule indicates any delays to the required Milestones or Completion Date, whether the Construction Manager has provided a plan for recovery which describes in a manner satisfactory to the Owner, a reasonable and realistic recovery that achieves the required Milestones and Completion Date. If the Construction Schedule is not accepted by the Owner, the Construction Manager shall promptly revise the Construction Schedule in accordance with the reasonable recommendations of the Owner and re-submit a revised updated Construction Schedule to the Owner.
16.1.10 Construction Manager shall continuously monitor the progress of the Work for conformance with the requirements of in relation to the Construction Schedule and shall promptly the cash flow and update the Construction Schedules and the cash flow forecast with the monthly construction status report under Section 18.2(a), maintain the continuity of the Construction Schedule’s CPM network for all updates and revisions and immediately notify STEGH of any variance or potential variance in the scheduled completion dates;
(vi) advise the Owner Consultant of any proposed change revisions required to the Construction Schedule as a result of extension of the Contract Time in accordance with Schedule 11 – Change Procedure;
(vii) identify potential variances between scheduling and scheduled completion dates, review the schedule of Work not started or incomplete and implement necessary adjustments in the Construction Schedule or in order to meet the Scheduled Substantial Completion Date and the Scheduled Final Completion Date set out in such Construction Schedule, including the movement of manpower and equipment in response to availability of work areas;
(viii) comply with the Construction Schedule so as not to interfere with the activities of STEGH in the Existing Facility;
(ix) monitor the Subcontractors’ personnel staffing and equipment and the availability of materials and supplies in order to meet the Construction Schedules and take appropriate courses of action when the requirements of a Subcontract with any delays or potential delays Project Co Party are not met;
(x) obtain from Project Co Parties a schedule showing the order number, vendor’s name, shop drawing status, manufacturing lead time and delivery date of all critical material and equipment required for the Work;
(xi) pre-order equipment, materials and supplies where necessitated by cost and/or time factors and expedite delivery of critical items; and
(xii) in consultation with STEGH’s Project Manager and the Consultant, include in the Construction Schedule the integration of the equipment specifications, rough-in requirements, supply and installation, including of STEGH’s equipment to ensure that the ordering, delivery, receiving and supply of equipment does not impact on the Construction Schedule.
16.1.11 The (b) From Financial Close until the draft Construction Manager Schedule becomes the Construction Schedule pursuant to Section 12.1(a)(iii), the Interim Construction Schedule shall engage be deemed to be the Construction Schedule and, until such personnel and staff time, all provisions of this Project Agreement applicable to the Construction Schedule shall be applicable to the Interim Construction Schedule mutatis mutandis as are required to fulfill its requirements though the Interim Construction Schedule were the Construction Schedule under this SectionProject Agreement. At Upon the very least, draft Construction Schedule becoming the Construction Manager shall staff the Project with one (1) scheduling manager who shall have, as his or her responsibility for the Project, the fulfillment of Schedule the Construction Manager’s requirements hereunder. The manager Schedule shall be assigned to automatically replace the Project for such hours per week as are required to achieve the Construction Manager’s responsibilities hereunder and consistent with the conditions of the Project.
16.1.12 Construction Manager agrees to perform the Work in the manner, sequence and timing necessary to fully comply with the Construction Schedule, or any updates thereof. Construction Manager will perform the Work diligently, expeditiously and with adequate resources to complete all of the Work by the date determined in the Interim Construction Schedule.
16.1.13 TIME IS OF THE ESSENCE WITH RESPECT TO EACH TERM OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THIS AGREEMENT(c) The Interim Construction Schedule shall be prepared in accordance with Good Industry Practice for a large complex project and shall be in sufficient detail so as to enable the STEGH and the Consultant, to monitor the progress of the Work and the likely future progress of the Work.
(d) From the date of this Project Agreement until the date the draft Construction Schedule becomes the Construction Schedule pursuant to Section 12.1(a)(iii):
(i) for clarity, Project Co shall update the Interim Construction Schedule in accordance with Section 12.1(a)(v). WITHOUT LIMITATIONNotwithstanding the foregoing and Section 18.2(a), ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE SUBSTANTIAL COMPLETION DATEunless otherwise agreed to by the STEGH, THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE AGREEMENT PURSUANT TO THE CONSTRUCTION SCHEDULEProject Co shall not schedule as part of the Work any new activity that is not included in the Interim Construction Schedule on the date of this Project Agreement that requires any material input, INCLUDING WITHOUT LIMITATIONreview, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORKparticipation or decision from STEGH or any STEGH Party without providing STEGH at least 10 Business Days prior written notice and without obtaining the prior agreement of STEGH; and
(ii) any activity and associated duration to be included in the Construction Schedule agreed to by STEGH and Project Co during the development of the draft Construction Schedule pursuant to Section 12.1(a)(ii) that will or may occur prior to the finalization of the draft Construction Schedule shall be promptly included by Project Co in an updated Interim Construction Schedule which updated Interim Construction Schedule for clarity, shall be provided to STEGH in accordance with Section 12.1(a)(i) or Section 18.2(a).
(e) At any time prior to Final Completion, Project Co shall, no later than two Business Days following the written request of STEGH, deliver to STEGH a hard copy and a soft (non PDF) copy of the most current version of the Construction Schedule and/or any past version of the Construction Schedule requested by STEGH in its native file format, showing all the schedule’s underlying assumptions, including tasks interdependency and schedule floats. THE CONSTRUCTION MANAGER ACKNOWLEDGES THAT THE ACHIEVEMENT OF SUBSTANTIAL COMPLETION OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORKAt the request of STEGH, AGREES THAT THE WORK CAN BE PERFORMED BY THE COMPLETION DATE AND OTHERWISE AGREES TO USE ITS BEST EFFORTS TO PERFORM THE WORK TO ACHIEVE THE SUBSTANTIAL COMPLETION BY THE COMPLETION DATEProject Co shall in person review the Construction Schedule in such format with STEGH and the Consultant for purposes including, explaining to STEGH and the Consultant the activity logic and planning assumptions contained in the Construction Schedule any proposed changes to the critical path of the Work, and the impact of the Work on any major milestone event.
Appears in 1 contract
Sources: Project Agreement
Construction Schedule. The Construction Schedule for each phase of the project shall include all pertinent dates and periods for timely completion of the Work.
16.1.1 Unless otherwise directed and approved by the OwnerOWNER, the Construction Manager CONSTRUCTION MANAGER shall prepare the Construction Schedule as a critical path schedule with separate divisions for each major portion of the Work or operations. The Construction Schedule shall include and properly coordinate dates for performance of all divisions of the Work, including completion of off-site requirements and tasks, so that the Work can be completed in a timely and orderly fashion manner consistent with the required dates of Substantial Completion and Final Completion.
16.1.2 The Any Construction Schedule for a phase shall include (i) the required Commencement Date, the required dates of Substantial Completion and Final Completion; (ii) any guideline and milestone dates required by the OwnerOWNER; (iii) any applicable subcontractor and supplier subschedules; (iv) a submittal schedule which allows sufficient time for review of documents and submittals; (v) the complete sequence of construction by activity, with dates for beginning and completion of each element of construction; and (vi) required decision dates.
16.1.3 By reviewing the Construction Schedule, the Owner OWNER and Professional do not assume any of the Construction ManagerCONSTRUCTION MANAGER’s responsibility (i) that the Construction Schedule be coordinated or complete; or (ii) for timely and orderly completion by the required dates of Substantial Completion, Final Completion and any milestone dates required by the OwnerOWNER.
16.1.4 The Construction Manager CONSTRUCTION MANAGER shall review, on a weekly basis, the actual status of the Work against the Construction Schedule. The Construction Manager CONSTRUCTION MANAGER shall discuss the status of the Work weekly with the designated Professional, so that proper overall management may be provided.
16.1.5 The Construction Manager CONSTRUCTION MANAGER shall periodically and in all instances when the Construction Manager CONSTRUCTION MANAGER anticipates that performance of the Work will be delayed or in fact has been delayed, but not less frequently than monthly, prepare a revised Construction Schedule and show actual progress of the Work through the revision date, projected completion of each remaining activity, activities modified since previous submittal, major changes in scope, and other identifiable changes. The updated Construction Schedule shall be accompanied by a narrative report which (i) states and explains any modifications of the critical path schedule, including any changes in logic; (ii) defines problem areas and lists areas of anticipated delays; (iii) explains the anticipated impact the problems and delays will have on the schedule and scheduled activities; (iv) reports corrective action taken or proposed; and (v) states how problems anticipated by projections shown on the schedule will be resolved to avoid delay in delivering the Work by the required dates of Substantial Completion and Final Completion, and other milestone dates required by the OwnerOWNER, if any.
16.1.6 The Contractor’s initial Construction Schedule, developed pursuant to Article 2 of during the Preconstruction Services shall Phase, must be attached as Exhibit “2” to Appendix “MI”. In the event that the attached Construction Schedule does not strictly comply with this Paragraph, the Owner OWNER does not waive, and specifically reserves, its right to require the Construction Manager‘s CONSTRUCTION MANAGER’s strict compliance with this Paragraph.
16.1.7 The receipt of the required updated Construction Schedule is a condition precedent to payment upon any Application application for Paymentpayment. In addition, the Construction Manager CONSTRUCTION MANAGER agrees to provide an updated Construction Schedule which strictly complies with this Paragraph on or before ten (10) days after the OwnerOWNER’s written request thereforerequest. Any submissions of the Construction Schedule hereunder shall must be in hard copy and electronic data file format, either in its native data format, or converted to a format requested by the OwnerOWNER.
16.1.8 In the event any updated Construction Schedule indicates any delays to the required Milestones or Completion Date, the Construction Manager CONSTRUCTION MANAGER shall propose an affirmative plan to recover from any delay to achieve the Milestones and Completion Date, including overtime and/or and additional labor, if necessary. In no event shall any updated Construction Schedule or plan for recovery hereunder constitute notice, demand demand, or acceptance of an adjustment in the Contract Time, Contract Sum, any Milestone Date Date, or the Completion Date unless any such adjustment is agreed to by the Owner OWNER and authorized pursuant to a Change Order as provided in the ContractAgreement.
16.1.9 The Owner OWNER may, but is not required to, review any Construction Schedule for, among other things, whether the schedule describes in a manner satisfactory to the OwnerOWNER, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date. The Owner OWNER may reject the Construction Schedule if the Construction Schedule fails to describe in a manner satisfactory to the OwnerOWNER, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date, or, if the Construction Schedule indicates any delays to the required Milestones or Completion Date, whether the Construction Manager CONSTRUCTION MANAGER has provided a plan for recovery which describes in a manner satisfactory to the OwnerOWNER, a reasonable and realistic recovery that achieves the required Milestones and Completion Date. If the Construction Schedule is not accepted by the OwnerOWNER, the Construction Manager CONSTRUCTION MANAGER shall promptly revise the Construction Schedule in accordance with the reasonable recommendations of the Owner OWNER and re-submit a revised updated Construction Schedule to the OwnerOWNER.
16.1.10 Construction Manager The CONSTRUCTION MANAGER shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the Owner OWNER of any proposed change in the Construction Schedule or of any delays or potential delays in the Construction Schedule.
16.1.11 The Construction Manager CONSTRUCTION MANAGER shall engage such personnel and staff as are required to fulfill its requirements under this Section. At the very least, the Construction Manager CONSTRUCTION MANAGER shall staff the Project with one (1) scheduling manager who shall have, as his or her responsibility for the Project, the fulfillment of the Construction ManagerCONSTRUCTION MANAGER’s requirements hereunder. The manager shall be assigned to the Project for such hours per week as are required to achieve the Construction ManagerCONSTRUCTION MANAGER’s responsibilities hereunder and consistent with the conditions of the Project.
16.1.12 Construction Manager agrees to perform the Work in the manner, sequence and timing necessary to fully comply with the Construction Schedule, or any updates thereof. Construction Manager will perform the Work diligently, expeditiously and with adequate resources to complete all of the Work by the date determined in the Construction Schedule.
16.1.13 TIME IS OF THE ESSENCE WITH RESPECT TO EACH TERM OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE SUBSTANTIAL COMPLETION DATE, THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE AGREEMENT PURSUANT TO THE CONSTRUCTION SCHEDULE, INCLUDING WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK. THE CONSTRUCTION MANAGER ACKNOWLEDGES THAT THE ACHIEVEMENT OF SUBSTANTIAL COMPLETION OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK, AGREES THAT THE WORK CAN BE PERFORMED BY THE COMPLETION DATE AND OTHERWISE AGREES TO USE ITS BEST EFFORTS TO PERFORM THE WORK TO ACHIEVE THE SUBSTANTIAL COMPLETION BY THE COMPLETION DATE.
Appears in 1 contract
Construction Schedule. The Construction Schedule for each phase (i) Contractor shall submit as part of the project Design Confirmation Phase a cost loaded schedule which shall include all pertinent dates show the sequence of events and periods for timely completion of activities in which Contractor proposes to carry on the Work.
16.1.1 Unless otherwise directed , with dates for starting and approved by completing the Owner, the Construction Manager shall prepare the Construction Schedule as a critical path schedule with separate divisions for each major portion various events and activities of the Work or operations(the “Construction Schedule”). The Construction Schedule shall include be logic based and properly coordinate dates for performance show the Critical Path. Review and acceptance by the City of all divisions Contractor’s Construction Schedule shall in no way relieve Contractor of the Work, including completion of off-site requirements and tasks, so that its responsibility to complete the Work can be completed in a timely and orderly fashion consistent within the Time for Completion. Contractor shall submit an updated progress schedule monthly with the required dates of Substantial Completion and Final Completion.
16.1.2 each monthly request for partial payment. The Construction Schedule for a phase shall include (i) include, in addition to the required Commencement Dateelements set forth in this Section 6.3(a), the following elements:
(A) A listing of all long lead time items and a schedule for Contractor’s acquisition and delivery of such long lead items;
(B) A schedule for the processing of shop drawings and submittals, providing for appropriate periods of review, which periods shall not be more than twenty-one (21) calendar days, or longer where appropriate or required dates by the Specifications for the Project;
(C) Itemization of Substantial Completion work provided by the City, or others, for Contractor’s incorporation into the Work; and
(D) Preparation of a Punchlist, and Final Completion; completion of the Work identified by the Punchlist, delivery of Record Drawings and Operation and Maintenance Manuals to the Project Manager, and commissioning, and completion of all closeout requirements.
(ii) any guideline and milestone dates required by the Owner; (iii) any applicable subcontractor and supplier subschedules; (iv) a submittal schedule which allows sufficient time for review of documents and submittals; (v) the complete sequence of construction by activity, with dates for beginning and completion of each element of construction; and (vi) required decision dates.
16.1.3 By reviewing the Construction Schedule, the Owner and Professional do not assume any of the Construction Manager’s responsibility (i) that the Construction Schedule be coordinated or complete; or (ii) for timely and orderly completion by the required dates of Substantial Completion, Final Completion and any milestone dates required by the Owner.
16.1.4 The Construction Manager shall review, on a weekly basis, the actual status of the Work against the Construction Schedule. The Construction Manager shall discuss the status of the Work weekly with the designated Professional, so that proper overall management may be provided.
16.1.5 The Construction Manager shall periodically and in all instances when the Construction Manager anticipates that performance of the Work will be delayed or in fact has been delayed, but not less frequently than monthly, prepare a revised Construction Schedule and show actual progress of the Work through the revision date, projected completion of each remaining activity, activities modified since previous submittal, major changes in scope, and other identifiable changes. The updated Construction Schedule shall be accompanied by a narrative report which (i) states in calendar days and explains any modifications of the critical path schedule, including any changes in logic; (ii) defines problem areas shall include weekends and lists areas of anticipated delays; (iii) explains the anticipated impact the problems all federal and delays will have on the schedule and scheduled activities; (iv) reports corrective action taken or proposed; and (v) states how problems anticipated by projections shown on the schedule will local holidays. The Construction Schedule shall be resolved to avoid delay in delivering the Work used by the required dates of Substantial Completion and Final Completion, and other milestone dates required by the Owner, if any.
16.1.6 The Contractor’s initial Construction Schedule, developed pursuant Project Manager to Article 2 of the Preconstruction Services shall be attached as Exhibit “2” to Appendix “M”. In the event that the attached Construction Schedule does not strictly comply with this Paragraph, the Owner does not waive, and specifically reserves, its right to require the Construction Manager‘s strict compliance with this Paragraph.
16.1.7 The receipt of the required updated Construction Schedule is a condition precedent to payment upon any Application for Payment. In addition, the Construction Manager agrees to provide an updated Construction Schedule which strictly complies with this Paragraph on or before ten (10) days after the Owner’s written request therefore. Any submissions of the Construction Schedule hereunder shall be in hard copy and electronic data file format, either in its native data format, or converted to a format requested by the Owner.
16.1.8 In the event any updated Construction Schedule indicates any delays to the required Milestones or Completion Date, the Construction Manager shall propose an affirmative plan to recover from any delay to achieve the Milestones and Completion Date, including overtime and/or additional labor, if necessary. In no event shall any updated Construction Schedule or plan for recovery hereunder constitute notice, demand or acceptance of an adjustment in the Contract Time, Contract Sum, any Milestone Date or the Completion Date unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order as provided in the Contract.
16.1.9 The Owner may, but is not required to, review any Construction Schedule for, among other things, whether the schedule describes in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date. The Owner may reject the Construction Schedule if the Construction Schedule fails to describe in a manner satisfactory to the Owner, a reasonable and realistic progress of the Work that achieves the required Milestones and Completion Date, or, if the Construction Schedule indicates any delays to the required Milestones or Completion Date, whether the Construction Manager has provided a plan for recovery which describes in a manner satisfactory to the Owner, a reasonable and realistic recovery that achieves the required Milestones and Completion Date. If the Construction Schedule is not accepted by the Owner, the Construction Manager shall promptly revise the Construction Schedule in accordance with the reasonable recommendations of the Owner and re-submit a revised updated Construction Schedule to the Owner.
16.1.10 Construction Manager shall monitor the progress of the Work Project. Contractor shall update the Construction Schedule monthly for conformance with review and acceptance by the requirements Project Manager, and without extending the construction period beyond the Time for Completion. Contractor shall give specific notice of any change in the logic of the Construction Schedule and shall promptly advise or any part thereof, or the Owner removal of any proposed change restraints, or the deduction of any duration. The review and acceptance by the Project Manager shall in no way relieve Contractor of its responsibility to complete the Work within the Time for Completion. Time is of the essence. As necessary, adjustments to the sequence of Work must be made due to availability of permits, easements, and other administrative items. These adjustments to the sequence of Work shall not entitle Contractor to additional compensation or time.
(iii) The Construction Schedule shall give due consideration of Code Official availability for regulatory inspections, including those of the City. The City’s regulatory inspection services are generally available on week days before 3:00 P.M., with no such inspection services available after 3:00 P.M., on weekends, or on City holidays. Inspections are generally conducted with two (2) business days of any delays or potential delays request made. Contractor is to coordinate its Work and request regulatory inspections during the course of construction, including, but not limited to any necessary special inspections, in such a manner as to minimize the cost to the City without impacting the overall schedule of the Project within reason. All costs associated with re- inspection shall be borne by Contractor without reimbursement by the City.
(iv) The Construction Schedule shall include anticipated time lost to adverse weather. The number of lost days anticipated shall be clearly shown on the Construction Schedule. Contractor will use the number of weather days derived in accordance with the Time Extension for Weather paragraph of these General Conditions. The Construction Schedule updates shall include changes in events and activities that will show how Contractor intends to recover from delays.
16.1.11 The (v) Contractor shall provide the Project Manager with the electronic files for the initial Construction Manager shall engage such personnel and staff as are required to fulfill its requirements under this Section. At the very leastSchedule, the final Construction Manager shall staff the Project with one (1) scheduling manager who shall haveSchedule, as his or her responsibility for the Projectand all monthly Construction Schedule updates, the fulfillment of the Construction Manager’s requirements hereunder. The manager shall be assigned in a format acceptable to the Project for such hours per week as are required to achieve the Construction Manager’s responsibilities hereunder and consistent with the conditions . The electronic file shall include a PDF copy of the Projectschedule and an accessible/working electronic file.
16.1.12 Construction Manager agrees to perform the Work in the manner, sequence and timing necessary to fully comply with the Construction Schedule, or any updates thereof. Construction Manager will perform the Work diligently, expeditiously and with adequate resources to complete all of the Work by the date determined in the Construction Schedule.
16.1.13 TIME IS OF THE ESSENCE WITH RESPECT TO EACH TERM OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE SUBSTANTIAL COMPLETION DATE, THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE AGREEMENT PURSUANT TO THE CONSTRUCTION SCHEDULE, INCLUDING WITHOUT LIMITATION, ACHIEVEMENT OF EACH MILESTONE IN THE CONSTRUCTION SCHEDULE AND SUBSTANTIAL COMPLETION OF THE CONSTRUCTION PHASE OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK. THE CONSTRUCTION MANAGER ACKNOWLEDGES THAT THE ACHIEVEMENT OF SUBSTANTIAL COMPLETION OF THE WORK BY THE COMPLETION DATE IS A CRITICAL AND MATERIAL REQUIREMENT OF THE CONSTRUCTION MANAGER’S PERFORMANCE OF THE WORK, AGREES THAT THE WORK CAN BE PERFORMED BY THE COMPLETION DATE AND OTHERWISE AGREES TO USE ITS BEST EFFORTS TO PERFORM THE WORK TO ACHIEVE THE SUBSTANTIAL COMPLETION BY THE COMPLETION DATE.
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Sources: General Conditions