Schedule. The Contractor submitted its Schedule to the Authority with its Task Order proposal. It is the Contractor’s responsibility to satisfactorily complete the entire Project within the time specified. The Contractor shall prosecute the Work so that the actual Work completed shall be not less than required by the approved Project Schedule. If the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved Project Schedule is less than the amount specified to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination for Convenience” herein. The Contractor shall commence performance of its obligations under this Contract no later than one week after the Notice to Proceed is delivered by the Authority. Contractor may, with the approval of the Authority, adjust the Project Schedule as the Work proceeds. Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, prior to the Final Completion Date, without additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance of the Work and the Contractor shall on a day-to-day basis coordinate its Work to the satisfaction of the Authority in accordance with the Work Day Schedule and the continuing operations of the Authority. The Contractor shall plan and coordinate its Work under this Contract to avoid conflicts with other users, lessees, licensees and patrons of the Facility. Contractor must coordinate its Work with the Authority, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time to time during the duration of this Contract. In such event the Authority shall notify the Contractor and the Contractor shall revise its Work activities without additional compensation. Contractor shall not be liable for damage or delay caused directly or indirectly by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemic, or any cause, beyond Contractor’s control, which Contractor, by the exercise of due diligence and care, would not reasonably have been expected to foresee or avoid.
Appears in 5 contracts
Sources: Rapid Response Construction Services Contract, Master Contract for Rapid Response Construction Services, Master Contract for Rapid Response Construction Services
Schedule. The (a) Time is of the essence of this Agreement. Subcontractor shall provide Contractor submitted its Schedule to the Authority with its Task Order proposal. It is the Contractor’s responsibility to satisfactorily complete the entire Project within the time specified. The Contractor shall prosecute the Work so that the actual Work completed shall be not less than required by the approved Project Schedule. If the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved Project Schedule is less than the amount specified to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination scheduling information and a proposed schedule for Convenience” herein. The Contractor shall commence performance of its obligations under this Contract no later than one week after work in a form and by a date acceptable to Contractor. Subcontractor shall conform to Contractor’s reasonable progress schedule and all reasonable revisions or changes made thereto, which Subcontractor recognizes shall be made for the Notice to Proceed is delivered by the Authority. Contractor may, with the approval benefit of the AuthorityProgress of Project, adjust and not necessarily the Subcontractor or its Work, however, Contractor shall make all reasonable efforts to incorporate Subcontractor’s reasonable requests into any Project Schedule as schedules. As such, Subcontractor shall prosecute its work in a prompt and diligent manner in accordance with Contractor’s progress schedule without delaying or hindering Contractor’s work or the Work proceedswork of other contractors or subcontractors. Contractor and its subcontractors Subcontractor shall furnish sufficient shift coordinate the work and overtime as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established covered by this Project ScheduleAgreement with that of all other contractors, as approved by subcontractors, and of Contractor, in a manner that will facilitate the Authorityefficient completion of the entire work.
(i) Subcontractor agrees to notify Contractor, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, in writing within two (2) working days (or 24- hours prior to the Final Completion Datetime within which Contractor must provide notice to the Owner pursuant to the terms of the Prime Contract, whichever is earlier) of any delays or anticipated delays in the performance of the work and to state the cause of said delays. If Subcontractor fails to provide the written notice in the time set forth in this provision, Subcontractor agrees that its failure shall constitute a waiver of all rights to recover any additional time or costs associated with all delays or anticipated delays for which timely notice was not given. If Contractor is properly notified, then, should the cause be a condition upon which the Owner permits extension of time in the Prime Contract Documents, Contractor will apply for such extension.
(ii) In the event Subcontractor fails to maintain its part of Contractor’s schedule, it shall, without additional compensation, accelerate the work as Contractor may direct until the Subcontract Work is in accordance with such schedule. It Contractor shall have complete control of the premises on which the work is understood to be performed and agreed shall have the right to decide the time and order in which various portions of the work shall be installed and the relative priority of the work of Subcontractor and other subcontractors, and, in general, all other matters pertaining to the timely and orderly conduct of the work of Subcontractor.
(b) No claims for additional compensation or damages for delays, including, but not limited to, force majeure delays, delays caused by third-party utilities, governmental bodies and regulatory authorities, delays caused by the Owner, its agents, employees, or its separate contractors, or any other delay beyond the Control of Contractor shall be recoverable from Contractor, and the above-mentioned extension of time for completion shall be the sole remedy of Subcontractor; provided, however, that certain milestone dates included in the Contractor's schedule will event Contractor obtains additional compensation from Owner, on account of such delays to Subcontract Work, Subcontractor shall be relied upon entitled to such portion of the additional compensation so received by Contractor from as is equitable under all of the Authority and circumstances. In the event that Contractor has included prosecutes a claim against Owner for additional compensation for any delay, Subcontractor shall cooperate fully with Contractor in the Guaranteed Maximum Price all prosecution thereof and shall pay costs and expenses incurred in connection therewith, including actual attorneys’ and consultants’ fees and costs, to the extent that said claim is made by Contractor at the request of or for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and benefit of Subcontractor.
(c) If Subcontractor should default in use in certain areas and at times as determined by the Authority and Metra throughout the performance of the Work and the Contractor shall on a day-to-day basis coordinate its Work to the satisfaction of the Authority in accordance with the Work Day Schedule and the continuing operations of the Authority. The Contractor shall plan and coordinate its Work under this Contract to avoid conflicts with other users, lessees, licensees and patrons of the Facility. Contractor must coordinate its Work with the Authority, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements work or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time commit any act which causes delay to time during the duration of this Contract. In such event the Authority Contractor’s work, Subcontractor shall notify the Contractor and the Contractor shall revise its Work activities without additional compensation. Contractor shall not be liable for damage or delay caused directly or indirectly all losses, costs, expenses, liabilities and damages, including actual damages, consequential damages and any liquidated damages, sustained by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemicContractor, or for which Contractor may be liable to Owner or any causeother party because of Subcontractor’s default or delay. Neither party shall be liable to the other for consequential or liquidated damages incurred directly by either party arising out of or related to a breach of this Subcontract, beyond Contractor’s controlexcept that Subcontractor shall remain liable for indemnification and the duty to defend against any actual, consequential or liquidated damages that arise out of the Work of Subcontractor or a breach of this Agreement that are assessed or claimed against Contractor by third parties, which includes, but is not limited to, the Owner, as well as for any such damages that are caused by an insurable event and covered by insurance.
(d) Subcontractor agrees to submit (1) on a weekly basis, and at the time of submission of progress payment requests, a report, in a form satisfactory to Contractor, itemizing on a weekly basis actual quantities of work performed and (2) on a daily basis a Subcontractor Daily Report” for each day on the jobsite that indicates the daily manpower and equipment employed by Subcontractor on the exercise project, as well as a description of due diligence and care, would not reasonably have been expected to foresee or avoidthe activities performed that day.
Appears in 4 contracts
Sources: Subcontract Agreement, Subcontract Agreement, Subcontract Agreement
Schedule. The Contractor submitted its A Progress Schedule may be attached for your information. Please note that start and end dates could change due to circumstances beyond our control, but duration of activity periods shall remain the same. Updated schedules will be distributed to the Authority Subcontractor as required. Project: Subcontractor: This Certification is provided to Contractor by Subcontractor pursuant to the Subcontract Agreement between Contractor and Subcontractor for the above-referenced Project. The undersigned certifies that Subcontractor has verified the employment eligibility of its employees who will perform or are performing work on the Project pursuant to the Immigration Reform and Control Act of 1986 (“IRCA”) and, when applicable, the amended Executive Order 12989, and to the extent Subcontractor discovers any violations that are of a nature that, in the undersigned’s reasonable judgment, are eligible for cure, such violations have been corrected to ensure full compliance with its Task Order proposalall applicable Federal, State and local Immigration laws regarding such individuals. It is If Subcontractor intends to subcontract with other companies to provide labor at the Project, Subcontractor certifies that it will advise and require any such companies to execute this Compliance Certification as a condition to contracting with such firms and further covenants that it will not permit any such firms to perform labor on the Project site until they provided a fully executed Compliance Certification to Subcontractor. The undersigned agrees to comply with Contractor’s responsibility direction on the jobsite respecting all appropriate controls and procedures reasonably implemented to satisfactorily complete achieve their goal that all individuals performing work on the entire Project within shall be legally authorized to work in the time specifiedUnited States in accordance with applicable Federal, State and local Immigration laws. The undersigned, on behalf of Subcontractor, makes such certifications as set forth above. LEGAL ENTITY NAME BY: {{Sig_es_:signer1:Signature}} Project: Subcontractor: This Certification is provided to Contractor shall prosecute by Subcontractor pursuant to the Work so that the actual Work completed shall be not less than required by the approved Project Schedule. If the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved Project Schedule is less than the amount specified to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination for Convenience” herein. The Contractor shall commence performance of its obligations under this Contract no later than one week after the Notice to Proceed is delivered by the Authority. Contractor may, with the approval of the Authority, adjust the Project Schedule as the Work proceeds. Subcontract Agreement between Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceedSubcontractor for the above-referenced Project. Subcontractor, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor on behalf of itself and its Subcontractors shall anticipate and furnish sufficient coordinationlower tiers, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, prior to the Final Completion Date, without additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands acknowledges and agrees that only the Facility will remain occupied following workers are eligible to work on the Project: (i) those workers who have passed substance abuse testing and are eligible for employment without having to take another substance test (drug and alcohol analysis), pursuant to a substance abuse program which Subcontractor has implemented that is in use in certain areas and at times as determined by compliance with the Authority and Metra throughout the performance standards of the Work Drug Free Workplace Act of 1988 and other applicable laws and regulations (“Program”), (ii) if Subcontractor has not implemented a Program, only those workers who have passed substance abuse testing pursuant to the requirements in the Safety Requirements within ninety (90) days preceding reporting to the Project, or (iii) those workers who have passed substance abuse testing and are eligible for employment without having to take another substance test (drug and alcohol analysis) pursuant to a Program implemented by a union to which Subcontractor and/or its lower tier subcontractors are signatory and such Program is in active status. Subcontractor and its lower tiers shall not assign workers to the Project that do not meet these requirements. If Subcontractor intends to subcontract with other companies to provide labor at the Project, Subcontractor certifies that it will advise and require any such companies to execute this Substance Abuse Testing Certification as a condition to contracting with such firms and further covenants that it will not permit any such firms to perform labor on the Project site until they provided a fully executed Substance Abuse Testing Certification to Subcontractor. The undersigned agrees to comply with Contractor’s direction on the jobsite respecting all appropriate controls and procedures reasonably implemented to achieve their goal that all individuals performing work on the Project shall be eligible to work on the Project pursuant to Contractor’s Safety Requirements. The undersigned, on behalf of Subcontractor, makes such certifications as set forth above. LEGAL ENTITY NAME BY: {{Sig_es_:signer1:Signature}} Project: Subcontractor: For the purposes of this exhibit, all references to “Contractor” shall mean and apply to Concrete Strategies LLC. This Certification is provided to Contractor shall pursuant to the Agreement between Contractor and Subcontractor for the Project. Business relationships are based upon mutual respect and cooperation. The success of a business relationship relies heavily on a day-to-day basis coordinate its Work clear understanding of policies applicable to the satisfaction that relationship. Subcontractor acknowledges receipt and understanding of the Authority in accordance with policies set forth below as applicable to its scope of work, services and/or provision of goods at or for the Work Day Schedule and the continuing operations of the Authority. The Contractor shall plan and coordinate its Work under this Contract to avoid conflicts with other users, lessees, licensees and patrons of the Facility. Contractor must coordinate its Work with the Authority, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time to time during the duration of this Contract. In such event the Authority shall notify the Contractor and the Contractor shall revise its Work activities without additional compensation. Contractor shall not be liable for damage or delay caused directly or indirectly by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemic, or any cause, beyond Contractor’s control, which Contractor, by the exercise of due diligence and care, would not reasonably have been expected to foresee or avoid.Project:
Appears in 4 contracts
Sources: Subcontract Agreement, Subcontract Agreement, Subcontract Agreement
Schedule. The Contractor submitted its A Progress Schedule may be attached for your information. Please note that start and end dates could change due to circumstances beyond our control, but duration of activity periods shall remain the same. Updated schedules will be distributed to the Authority Subcontractor as required. Project: Subcontractor: This Certification is provided to Contractor by Subcontractor pursuant to the Subcontract Agreement between Contractor and Subcontractor for the above-referenced Project. The undersigned certifies that Subcontractor has verified the employment eligibility of its employees who will perform or are performing work on the Project pursuant to the Immigration Reform and Control Act of 1986 (“IRCA”) and, when applicable, the amended Executive Order 12989, and to the extent Subcontractor discovers any violations that are of a nature that, in the undersigned’s reasonable judgment, are eligible for cure, such violations have been corrected to ensure full compliance with its Task Order proposalall applicable Federal, State and local Immigration laws regarding such individuals. It is If Subcontractor intends to subcontract with other companies to provide labor at the Project, Subcontractor certifies that it will advise and require any such companies to execute this Compliance Certification as a condition to contracting with such firms and further covenants that it will not permit any such firms to perform labor on the Project site until they provided a fully executed Compliance Certification to Subcontractor. The undersigned agrees to comply with Contractor’s responsibility direction on the jobsite respecting all appropriate controls and procedures reasonably implemented to satisfactorily complete achieve their goal that all individuals performing work on the entire Project within shall be legally authorized to work in the time specifiedUnited States in accordance with applicable Federal, State and local Immigration laws. The undersigned, on behalf of Subcontractor, makes such certifications as set forth above. SUBCONTRACTOR LEGAL ENTITY NAME BY: {{Sig_es_:signer1:Signature}} Project: Subcontractor: This Certification is provided to Contractor by Subcontractor pursuant to the Subcontract Agreement between Contractor and Subcontractor for the above-referenced Project. Subcontractor, on behalf of itself and its lower tiers, acknowledges and agrees that only the following workers are eligible to work on the Project: (i) those workers who have passed substance abuse testing and are eligible for employment without having to take another substance test (drug and alcohol analysis), pursuant to a substance abuse program which Subcontractor has implemented that is in compliance with the standards of the Drug Free Workplace Act of 1988 and other applicable laws and regulations (“Program”), (ii) if Subcontractor has not implemented a Program, only those workers who have passed substance abuse testing pursuant to the requirements in the Safety Requirements within ninety (90) days preceding reporting to the Project, or (iii) those workers who have passed substance abuse testing and are eligible for employment without having to take another substance test (drug and alcohol analysis) pursuant to a Program implemented by a union to which Subcontractor and/or its lower tier subcontractors are signatory and such Program is in active status. Subcontractor and its lower tiers shall prosecute not assign workers to the Work so Project that do not meet these requirements. If Subcontractor intends to subcontract with other companies to provide labor at the actual Work completed Project, Subcontractor certifies that it will advise and require any such companies to execute this Substance Abuse Testing Certification as a condition to contracting with such firms and further covenants that it will not permit any such firms to perform labor on the Project site until they provided a fully executed Substance Abuse Testing Certification to Subcontractor. The undersigned agrees to comply with Contractor’s direction on the jobsite respecting all appropriate controls and procedures reasonably implemented to achieve their goal that all individuals performing work on the Project shall be not less than required by eligible to work on the approved Project Schedule. If the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved Project Schedule is less than the amount specified pursuant to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination for Convenience” hereinContractor’s Safety Requirements. The undersigned, on behalf of Subcontractor, makes such certifications as set forth above. SUBCONTRACTOR LEGAL ENTITY NAME BY: {{Sig_es_:signer1:Signature}} Project: Subcontractor: This Certification is provided to Contractor shall commence performance by Subcontractor pursuant to the Subcontract Agreement between Contractor and Subcontractor for the above-referenced Project. Business relationships are based upon mutual respect and cooperation. The success of its obligations under this Contract no later than one week after the Notice a business relationship relies heavily on a clear understanding of policies applicable to Proceed is delivered by the Authoritythat relationship. Contractor may, with the approval Subcontractor acknowledges receipt and understanding of the Authoritypolicies set forth below as applicable to its scope of work, adjust services and/or provision of goods at or for the Project Schedule as Project: A. NO GIFT POLICY. Contractor's Ethical Business and Gifting Policy for Non-Government Private Entities and Persons ("EBG Policy") prohibits its employees from soliciting or accepting gifts or gratuities from subcontractors and suppliers that are in excess of acceptable common business courtesies. Acceptable common business courtesies of nominal value are exempt, including occasional meals with business associates, occasionally attending sports and other cultural events with business associates, and occasionally accepting reasonable and customary promotional items of nominal value. Gifts and gratuities in excess of the Work proceedsforegoing are strictly forbidden. B. CONTRACTOR ANTI-CORRUPTION, ANTI-MONEY LAUNDERING, GIFTING, AND GOVERNMENT ETHICS ("AAGG") POLICY Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary affiliates are committed to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Workdoing business in compliance with all applicable laws, including remedial work, if necessary, prior to observing the Final Completion Date, without additional compensation. It is understood and agreed that certain milestone dates included standards of conduct set forth in the Contractor's schedule will be relied upon by the Authority United States Foreign Corrupt Practices Act (“FCPA”) and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces applicable anti‐corruption and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance anti‐money laundering laws of the Work and the countries in which Contractor may conduct business. No employee or subcontractor of Contractor or any of its affiliates shall on offer to pay a day-to-day basis coordinate its Work to the satisfaction of the Authority in accordance with the Work Day Schedule and the continuing operations of the Authority. The Contractor shall plan and coordinate its Work under this Contract to avoid conflicts with other users, lessees, licensees and patrons of the Facility. Contractor must coordinate its Work with the Authority, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time to time during the duration of this Contract. In such event the Authority shall notify the Contractor and the Contractor shall revise its Work activities without additional compensation. Contractor shall not be liable for damage or delay caused directly or indirectly by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemicbribe, or provide another thing of value for obtain an improper benefit, to any causethird party, beyond Contractor’s control, which Contractor, by the exercise of due diligence and care, would not reasonably have been expected to foresee public or avoidprivate with whom Contractor or its affiliates are doing business.
Appears in 3 contracts
Sources: Subcontract Agreement, Subcontract Agreement, Subcontract Agreement
Schedule. The Contractor submitted its Schedule to the Authority with its Task Order proposalAuthority, pursuant to Exhibit 1. It is the Contractor’s responsibility to satisfactorily complete the entire Project within the time specified. The Contractor shall prosecute the Work so that the actual Work completed shall be not less than required by the approved Project Schedule. If the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved Project Schedule is less than the amount specified to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination for Convenience” herein. The Contractor shall commence performance of its obligations under this Contract no later than one week after the Notice to Proceed is delivered by the Authority. Contractor may, with the approval of the Authority, adjust the Project Schedule as the Work proceeds. Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, prior to the Final Completion Date, without additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility Facility, and Metra’s Operations, will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance of the Work and the Contractor shall on a day-to-day basis coordinate its Work to the satisfaction of the Authority and Metra in accordance with the Work Day Schedule and the continuing operations of the AuthorityAuthority and Metra. The Contractor shall plan and coordinate its Work under this Contract to avoid conflicts with other users, lessees, licensees and patrons of the Facility. Contractor must coordinate its Work with the Authority, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements or otherwise affected by the construction requirements. The Authority Authority, and Metra, may revise the Work Day Schedule from time to time during the duration of this Contract. In such event the Authority shall notify the Contractor and the Contractor shall revise its Work activities without additional compensation. Contractor shall not be liable for damage or delay caused directly or indirectly by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemic, or any cause, beyond Contractor’s control, which Contractor, by the exercise of due diligence and care, would not reasonably have been expected to foresee or avoid.
Appears in 3 contracts
Sources: Contract for Construction Services, Contract for Construction Services, Contract for Construction Services
Schedule. The Contractor submitted its Schedule to the Authority with its Task Order proposalAuthority, pursuant to Exhibit 1. It is the Contractor’s responsibility to satisfactorily complete the entire Project within the time specified. The Contractor shall prosecute the Work so that the actual Work completed shall be not less than required by the approved Project Schedule. If the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved Project Schedule is less than the amount specified to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination for Convenience” herein. The Contractor shall commence performance of its obligations under this Contract no later than one week after the Notice to Proceed is delivered by the Authority. Contractor may, with the approval of the Authority, adjust the Project Schedule as the Work proceeds. Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, prior to the Final Completion Date, without additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and the Contractor has included in the Guaranteed Maximum Lump Sum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance of the Work and the Contractor shall on a day-to-day basis coordinate its Work to the satisfaction of the Authority in accordance with the Work Day Schedule and the continuing operations of the Authority. The Contractor shall plan and coordinate its Work under this Contract to avoid conflicts with other users, lessees, licensees and patrons of the Facility. Contractor must coordinate its Work with the Authority, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time to time during the duration of this Contract. In such event the Authority shall notify the Contractor and the Contractor shall revise its Work activities without additional compensation. Contractor shall not be liable for damage or delay caused directly or indirectly by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemic, or any cause, beyond Contractor’s control, which Contractor, by the exercise of due diligence and care, would not reasonably have been expected to foresee or avoid.
Appears in 3 contracts
Sources: Contract for Construction Services, Contract for Construction Services, Contract for Construction Services
Schedule. The Contractor submitted its Schedule to Time is of the Authority with its Task Order proposalessence of this Subcontract. It is Subcontractor shall commence the Contractor’s responsibility to satisfactorily Subcontract Work on the Commencement Date and shall diligently and continuously prosecute and complete the entire Project within Subcontract Work on or before the time specifiedCompletion Date. The Contractor Subcontractor shall prosecute coordinate the Subcontract Work so that the actual Work completed shall be not less than required by the approved Project Schedule. If the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved Project Schedule is less than the amount specified to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination for Convenience” herein. The Contractor shall commence performance of its obligations under this Contract no later than one week after the Notice to Proceed is delivered by the Authority. Contractor may, with the approval of other work being performed on the AuthorityProject, adjust the Project Schedule as the Work proceeds. Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, prior to the Final Completion Date, without additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance of the Work and the Contractor shall on a day-to-day basis coordinate its Work to the satisfaction of the Authority perform in accordance with the Work Day Schedule Project schedule as it may be amended, and any other scheduling requirements listed in this Agreement or reasonably required by Project conditions or by Contractor in its sole discretion. Subcontractor shall not delay the continuing operations commencement, progress or completion of the Authoritywhole or any part of the Subcontract Work or other work on the Project. The Subcontractor shall furnish to Contractor a schedule showing the time periods within which Subcontractor proposes to furnish items, areas or other appropriate portions of the Subcontract Work and shall adjust the schedule to meet Contractor’s requirements. Subcontractor shall give Contractor written notice promptly after the occurrence of any cause, event or condition which could delay or hinder performance of the Subcontract Work in accordance with the schedule. If Subcontractor is delayed or hindered, unavoidably and through no fault of its own, in its performance of items on the critical path of the Subcontract Work because of a breach by Contractor, or for any reason that entitles Contractor to an extension of the Contract Time, the Completion Date may be extended. No extension of the Completion Date shall exceed the delay actually caused by Contractor’s breach, or the extension to the Contract Time actually received by Contractor. An extension of the Completion Date shall be Subcontractor’s sole remedy, and in no event shall Subcontractor be entitled to any damages or additional compensation for any delays or hindrances in its performance of the Subcontract Work. Contractor may require Subcontractor to accelerate its performance to overcome delays for which Subcontractor is not responsible or to complete the whole or any part of the Subcontract Work earlier than scheduled. Subcontractor shall provide additional or overtime labor as requested by Contractor, and Contractor shall plan and coordinate its Work under this Contract to avoid conflicts with other users, lessees, licensees and patrons reimburse Subcontractor the additional direct costs Subcontractor actually incurs as a result of the Facilitysuch acceleration. Contractor must coordinate its Work with the Authority, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time to time during the duration of this Contract. In such event the Authority shall notify the Contractor and the Contractor shall revise its Work activities without additional compensation. Contractor Subcontractor shall not be liable for damage entitled to additional overhead or delay caused directly or indirectly by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemic, or profit above and beyond the additional direct costs of the requested acceleration in any cause, beyond Contractor’s control, which Contractor, circumstances. If the project is not substantially completed on the stated completion date as set forth by the exercise Construction Documents and the agreed upon master schedule, the Subcontractor shall pay to the Contractor the sum of due diligence and care($250.00) for each calendar day of inexcusable delay until the work is substantially completed, would not reasonably have been expected to foresee or avoidas liquidated damages.
Appears in 2 contracts
Sources: Universal Subcontract Agreement, Universal Subcontract Agreement
Schedule. i. Prior to starting any Work under this Contract, Contractor shall provide RCDSCC with a proposed schedule of work, including estimated time frame for the performance of the Work, phasing of the Work, key milestones, date of completion, and other information reasonably requested by RCDSCC. The Contractor submitted its Schedule to schedule of Work shall reflect that approximately 25% of the Authority with its Task Order proposal. It is Work shall be completed during each month of the Contractor’s responsibility to satisfactorily complete the entire Project within the time specifiedproject duration. The Contractor shall prosecute the Work so that the actual Work completed shall be not less than required by the approved Project Schedule. If the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved Project Schedule is less than the amount specified to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination for Convenience” herein. The Contractor shall commence performance of its obligations under this Contract no later than one week after the Notice to Proceed is delivered by the Authority. Contractor may, with the approval of the Authority, adjust the Project Schedule as the Work proceeds. Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, prior to the Final Completion Date, without additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance of the Work and the Contractor shall on a day-to-day basis coordinate its Work to the satisfaction of the Authority work in accordance with the Work Day Schedule schedule and within the continuing operations of the Authoritytime limits set forth in this Contract.
ii. The Contractor shall plan at all times keep on the site equipment, materials and coordinate its employ qualified workers sufficient to prosecute Work under this Contract at a rate and in a sequence and manner necessary to avoid conflicts with other users, lessees, licensees complete Work within the timeframe set forth above. This obligation shall remain in full force and patrons effect notwithstanding disputes or claims of the Facilityany type.
iii. Contractor must coordinate its Work with the Authority, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time to If at any time during the duration progress of Work should Contractor directly or indirectly (through Subcontractors) refuse, neglect, or be unable to supply sufficient equipment or employ qualified workers to prosecute the Work as required, then RCDSCC may require Contractor to accelerate the Work and/or furnish additional qualified workers or materials as RCDSCC may consider necessary, at no cost to RCDSCC. If Contractor does not comply with the notice within three Business Days of date of service thereof, RCDSCC shall have the right (but not a duty) to provide equipment and qualified workers to finish the Work or any affected portion of Work, as RCDSCC may elect. RCDSCC may, at its discretion, exclude Contractor from the Site, or portions of the Site or separate work elements during the time period that RCDSCC exercises this Contractright. In RCDSCC will deduct from moneys due or which may thereafter become due under the Contract Documents, the sums necessary to meet expenses thereby incurred and paid to persons supplying materials and doing Work. RCDSCC will deduct from funds or appropriations set aside for purposes of Contract Documents the amount of such event the Authority shall notify the payments and charge them to Contractor and the Contractor shall revise its Work activities without additional compensationas if paid to Contractor. Contractor shall remain liable for resulting delay, including liquidated damages and indemnification of RCDSCC from claims of others.
iv. Exercise by RCDSCC of the rights conferred upon RCDSCC in this subparagraph is entirely discretionary on the part of RCDSCC. RCDSCC shall have no duty or obligation to exercise the rights referred to in this subparagraph and its failure to exercise such rights shall not be liable for damage deemed an approval of existing Work progress or delay caused directly a waiver or indirectly by embargoes, strikes, lockouts, work interruption limitation of RCDSCC’s right to exercise such rights in other concurrent or other labor dispute, fire, theft, floods, epidemic or pandemic, or any cause, beyond Contractor’s control, which Contractor, by the exercise of due diligence and care, would not reasonably have been expected to foresee or avoid.future similar circumstances. (The rights conferred upon RCDSCC under this
Appears in 2 contracts
Sources: Construction Contract, Construction Contract
Schedule. The Contractor submitted its A Progress Schedule may be attached for your information. Please note that start and end dates could change due to circumstances beyond our control, but duration of activity periods shall remain the same. Updated schedules will be distributed to the Authority with its Task Order proposalSubcontractor as required. It This Certification is provided to Contractor by Subcontractor pursuant to the Contractor’s responsibility to satisfactorily complete Subcontract Agreement between Contractor and Subcontractor for the entire Project within the time specifiedabove-referenced Project. The Contractor shall prosecute undersigned certifies that Subcontractor has verified the Work so employment eligibility of its employees who will perform or are performing work on the Project pursuant to the Immigration Reform and Control Act of 1986 ("IRCA") and, when applicable, the amended Executive Order 12989, and to the extent Subcontractor discovers any violations that are of a nature that, in the actual Work completed undersigned's reasonable judgment, are eligible for cure, such violations have been corrected to ensure full compliance with all applicable Federal, State and local Immigration laws regarding such individuals. If Subcontractor intends to subcontract with other companies to provide labor at the Project, Subcontractor certifies that it will advise and require any such companies to execute this Compliance Certification as a condition to contracting with such firms and further covenants that it will not permit any such firms to perform labor on the Project site until they provided a fully executed Compliance Certification to Subcontractor. The undersigned agrees to comply with Contractor's direction on the jobsite respecting all appropriate controls and procedures reasonably implemented to achieve their goal that all individuals performing work on the Project shall be not less than required by the approved Project Schedule. If the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned legally authorized to work in the approved Project Schedule is less than the amount specified to be completed within such timeUnited States in accordance with applicable Federal, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination for Convenience” hereinState and local Immigration laws. The undersigned, on behalf of Subcontractor, makes such certifications as set forth above. SUBCONTRACTOR’S LEGAL ENTITY NAME By: {{Sig_es_:signer1:Signature}} Project: Project Number, Project Name Subcontractor: This Certification is provided to Contractor shall commence performance of its obligations under this Contract no later than one week after by Subcontractor pursuant to the Notice to Proceed is delivered by the Authority. Contractor may, with the approval of the Authority, adjust the Project Schedule as the Work proceeds. Subcontract Agreement between Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceedSubcontractor for the above-referenced Project. Subcontractor, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor on behalf of itself and its Subcontractors shall anticipate and furnish sufficient coordinationlower tiers, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, prior to the Final Completion Date, without additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands acknowledges and agrees that only the Facility will remain occupied following workers are eligible to work on the Project: (i) those workers who have passed substance abuse testing and are eligible for employment without having to take another substance test (drug and alcohol analysis), pursuant to a substance abuse program which Subcontractor has implemented that is in use in certain areas and at times as determined by compliance with the Authority and Metra throughout the performance standards of the Work Drug Free Workplace Act of 1988 and other applicable laws and regulations ("Program"), (ii) if Subcontractor has not implemented a Program, only those workers who have passed substance abuse testing pursuant to the requirements in the Safety Requirements within ninety (90) days preceding reporting to the Project, or (iii) those workers who have passed substance abuse testing and are eligible for employment without having to take another substance test (drug and alcohol analysis) pursuant to a Program implemented by a union to which Subcontractor and/or its lower tier subcontractors are signatory and such Program is in active status. Subcontractor and its lower tiers shall not assign workers to the Project that do not meet these requirements. If Subcontractor intends to subcontract with other companies to provide labor at the Project, Subcontractor certifies that it will advise and require any such companies to execute this Substance Abuse Testing Certification as a condition to contracting with such firms and further covenants that it will not permit any such firms to perform labor on the Project site until they provided a fully executed Substance Abuse Testing Certification to Subcontractor. The undersigned agrees to comply with Contractor's direction on the jobsite respecting all appropriate controls and procedures reasonably implemented to achieve their goal that all individuals performing work on the Project shall be eligible to work on the Project pursuant to Contractor's Safety Requirements. The undersigned, on behalf of Subcontractor, makes such certifications as set forth above. SUBCONTRACTOR’S LEGAL ENTITY NAME By: {{Sig_es_:signer1:Signature}} Project: Subcontractor: This Certification is provided to Contractor shall by Subcontractor pursuant to the Subcontract Agreement between Contractor and Subcontractor for the above-referenced Project. Business relationships are based upon mutual respect and cooperation. The success of a business relationship relies heavily on a day-to-day basis coordinate its Work clear understanding of policies applicable to the satisfaction that relationship. Subcontractor acknowledges receipt and understanding of the Authority in accordance with policies set forth below as applicable to its scope of work at the Work Day Schedule and the continuing operations of the Authority. The Contractor shall plan and coordinate its Work under this Contract to avoid conflicts with other users, lessees, licensees and patrons of the Facility. Contractor must coordinate its Work with the Authority, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time to time during the duration of this Contract. In such event the Authority shall notify the Contractor and the Contractor shall revise its Work activities without additional compensation. Contractor shall not be liable for damage or delay caused directly or indirectly by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemic, or any cause, beyond Contractor’s control, which Contractor, by the exercise of due diligence and care, would not reasonably have been expected to foresee or avoid.Project:
Appears in 2 contracts
Sources: Subcontract Agreement, Subcontract Agreement
Schedule. Delete 4.6.1 and replace with The Contractor submitted its Schedule shall prepare and submit to the Authority Contract Administrator, within 10 Days after issuance of the Notice of Award, a construction schedule (the “Baseline Construction Schedule”) consistent with its Task Order proposalthe Substantial Performance and Total Performance dates set out herein. It This schedule is in addition to the Preliminary Construction Schedule provided in the Contractor’s responsibility Tender, showing additional details and all dates on which each material component of the Contractor’s proposed program of operations will be performed so as to satisfactorily complete attain Substantial Performance and Total Performance on Append to 4.6.2 Delete 4.6.6 and replace with the entire Project required dates. The Contract Administrator will review schedules and return reviewed copy within 10 Days after receipt. Contractor shall resubmit finalized schedules within 5 Days after return of reviewed copy. Instruct recipients to report any problems anticipated with the time specifiedschedule to Contractor within 10 Days. The Construction Schedule(s) must be in conformance with the Construction Schedule requirements set out in the Specifications. The Contractor shall prosecute immediately advise the Contract Administrator of any deviations from, or proposed changes to, the Construction Schedule. If, in the opinion of the Contract Administrator, the Construction Schedule as submitted is inadequate to ensure the completion of the Work so that within the actual time limited therefore, or is otherwise not in accordance with the Tender, or if the Work completed is not being adequately or properly prosecuted in any respect, the Contract Administrator, without derogating from the Owner’s rights under the Contract, shall have the right to require the Contractor to submit a new Construction Schedule providing for proper and timely completion of the Work, and the Contractor shall be not less than required entitled to no claim for extension of time on account of such requirement, and such new Construction Schedule, when accepted by the approved Project ScheduleContract Administrator, shall be a Contract Document. If the rate of progress is such that the total amount of Work accomplished Contractor shall submit an Adjusted Baseline Schedule with each application for payment or as directed otherwise by the Contractor within any Contract Administrator. The time mentioned for the performance of the Work shall commence on the date specified in the approved Project Schedule is less than Notice to Proceed, or if not so specified, on the amount specified to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination for Convenience” herein. The Contractor shall commence performance of its obligations under this Contract no later than one week after date the Notice to Proceed is delivered issued. Subject to a contrary provision in the Contract Documents, the Owner shall issue the Notice to Proceed within 14 Days of receipt of a complete set of accurate and compliant documentation from the Contractor as stipulated in the Notice of Award. Failure by the Authority. Contractor mayOwner to issue the Notice to Proceed within the 14 Days, with the approval of the Authority, adjust the Project Schedule as the Work proceeds. Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, prior to the Final Completion Date, without additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and entitle the Contractor has included in the Guaranteed Maximum Price all costs to a claim for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance of the Work and the Contractor shall on a day-to-day basis coordinate its Work to the satisfaction of the Authority in accordance with the Work Day Schedule and the continuing operations of the Authority. The Contractor shall plan and coordinate its Work delay under this Contract to avoid conflicts with other users, lessees, licensees and patrons of the Facility. Contractor must coordinate its Work with the Authority, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time to time during the duration of this Contract. In such event the Authority shall notify the Contractor and the Contractor shall revise its Work activities without additional compensation. Contractor shall not be liable for damage or delay caused directly or indirectly by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemic, or any cause, beyond Contractor’s control, which Contractor, by the exercise of due diligence and care, would not reasonably have been expected to foresee or avoidGC 13.1.1.
Appears in 1 contract
Sources: Form of Agreement
Schedule. The (a) Time is of the essence of this Agreement. Subcontractor shall provide Contractor submitted its Schedule to the Authority with its Task Order proposal. It is the Contractor’s responsibility to satisfactorily complete the entire Project within the time specified. The Contractor shall prosecute the Work so that the actual Work completed shall be not less than required by the approved Project Schedule. If the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved Project Schedule is less than the amount specified to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination scheduling information and a proposed schedule for Convenience” herein. The Contractor shall commence performance of its obligations under this Contract no later than one week after work in a form and by a date acceptable to Contractor. Subcontractor shall conform to Contractor’s reasonable progress schedule and all reasonable revisions or changes made thereto, which Subcontractor recognizes shall be made for the Notice to Proceed is delivered by the Authority. Contractor may, with the approval benefit of the AuthorityProgress of Project, adjust and not necessarily the Subcontractor or its Work, however, Contractor shall make all reasonable efforts to incorporate Subcontractor’s reasonable requests into any Project Schedule as schedules. As such, Subcontractor shall prosecute its work in a prompt and diligent manner in accordance with Contractor’s progress schedule without delaying or hindering Contractor’s work or the Work proceedswork of other contractors or subcontractors. Contractor and its subcontractors Subcontractor shall furnish sufficient shift coordinate the work and overtime as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established covered by this Project ScheduleAgreement with that of all other contractors, as approved by subcontractors, and of Contractor, in a manner that will facilitate the Authorityefficient completion of the entire work.
(i) Subcontractor agrees to notify Contractor, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, in writing within two (2) working days (or 24-hours prior to the Final Completion Datetime within which Contractor must provide notice to the Owner pursuant to the terms of the Prime Contract, whichever is earlier) of any delays or anticipated delays in the performance of the work and to state the cause of said delays. If Subcontractor fails to provide the written notice in the time set forth in this provision, Subcontractor agrees that its failure shall constitute a waiver of all rights to recover any additional time or costs associated with all delays or anticipated delays for which timely notice was not given. If Contractor is properly notified, then, should the cause be a condition upon which the Owner permits extension of time in the Prime Contract Documents, Contractor will apply for such extension.
(ii) In the event Subcontractor fails to maintain its part of Contractor’s schedule, it shall, without additional compensation, accelerate the work as Contractor may direct until the Subcontract Work is in accordance with such schedule. It Contractor shall have complete control of the premises on which the work is understood to be performed and agreed shall have the right to decide the time and order in which various portions of the work shall be installed and the relative priority of the work of Subcontractor and other subcontractors, and, in general, all other matters pertaining to the timely and orderly conduct of the work of Subcontractor.
(b) No claims for additional compensation or damages for delays, including, but not limited to, force majeure delays, delays caused by third-party utilities, governmental bodies and regulatory authorities, delays caused by the Owner, its agents, employees, or its separate contractors, or any other delay beyond the Control of Contractor shall be recoverable from Contractor, and the above-mentioned extension of time for completion shall be the sole remedy of Subcontractor; provided, however, that certain milestone dates included in the Contractor's schedule will event Contractor obtains additional compensation from Owner, on account of such delays to Subcontract Work, Subcontractor shall be relied upon entitled to such portion of the additional compensation so received by Contractor from as is equitable under all of the Authority and circumstances. In the event that Contractor has included prosecutes a claim against Owner for additional compensation for any delay, Subcontractor shall cooperate fully with Contractor in the Guaranteed Maximum Price all prosecution thereof and shall pay costs and expenses incurred in connection therewith, including actual attorneys’ and consultants’ fees and costs, to the extent that said claim is made by Contractor at the request of or for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and benefit of Subcontractor.
(c) If Subcontractor should default in use in certain areas and at times as determined by the Authority and Metra throughout the performance of the Work and the Contractor shall on a day-to-day basis coordinate its Work to the satisfaction of the Authority in accordance with the Work Day Schedule and the continuing operations of the Authority. The Contractor shall plan and coordinate its Work under this Contract to avoid conflicts with other users, lessees, licensees and patrons of the Facility. Contractor must coordinate its Work with the Authority, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements work or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time commit any act which causes delay to time during the duration of this Contract. In such event the Authority Contractor’s work, Subcontractor shall notify the Contractor and the Contractor shall revise its Work activities without additional compensation. Contractor shall not be liable for damage or delay caused directly or indirectly all losses, costs, expenses, liabilities and damages, including actual damages, consequential damages and any liquidated damages, sustained by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemicContractor, or for which Contractor may be liable to Owner or any causeother party because of Subcontractor’s default or delay. Neither party shall be liable to the other for consequential or liquidated damages incurred directly by either party arising out of or related to a breach of this Subcontract, beyond Contractor’s controlexcept that Subcontractor shall remain liable for indemnification and the duty to defend against any actual, consequential or liquidated damages that arise out of the Work of Subcontractor or a breach of this Agreement that are assessed or claimed against Contractor by third parties, which includes, but is not limited to, the Owner, as well as for any such damages that are caused by an insurable event and covered by insurance.
(d) Subcontractor agrees to submit (1) on a weekly basis, and at the time of submission of progress payment requests, a report, in a form satisfactory to Contractor, itemizing on a weekly basis actual quantities of work performed and (2) on a daily basis a Subcontractor Daily Report” for each day on the jobsite that indicates the daily manpower and equipment employed by Subcontractor on the exercise project, as well as a description of due diligence and care, would not reasonably have been expected to foresee or avoidthe activities performed that day.
Appears in 1 contract
Sources: Subcontract Agreement
Schedule. The Time is of the essence of this Agreement and all WOs. Subcontractor shall provide Contractor submitted its Schedule to the Authority with its Task Order proposal. It is the Contractor’s responsibility to satisfactorily complete the entire Project within the time specified. The Contractor shall prosecute the Work so that the actual Work completed shall be not less than required by the approved Project Schedule. If the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved Project Schedule is less than the amount specified to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination scheduling information and a proposed schedule for Convenience” herein. The Contractor shall commence performance of its obligations under this Contract no later than one week after Work in a form and by a date acceptable to Contractor. Subcontractor shall conform to Contractor’s reasonable progress schedule and all reasonable revisions or changes made thereto, which Subcontractor recognizes shall be made for the Notice to Proceed is delivered by the Authority. Contractor may, with the approval benefit of the Authoritytimely progress of the Project. Subcontractor shall prosecute its Work without delaying or hindering Contractor’s work or the work of others. Subcontractor shall coordinate its Work with that of all other contractors, adjust the Project Schedule as the Work proceedssubcontractors, and of Contractor. Subcontractor agrees to notify Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, in writing within two (2) working days (or 24-hours prior to the Final Completion Datetime within which Contractor must provide notice to the Owner pursuant to the terms of the Prime Contract Documents, whichever is earlier) of any delays or anticipated delays to the Work and to state the cause of said delays. If Subcontractor fails to provide such written notice, Subcontractor waives any and all rights to additional time or costs associated with all delays or anticipated delays for which timely notice was not given. In the event Subcontractor fails to maintain its part of Contractor’s schedule, it shall, without additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance of accelerate the Work and as Contractor may direct until the Contractor shall on a day-to-day basis coordinate its Work to the satisfaction of the Authority is in accordance with such schedule. Contractor shall have complete control of the premises on which the Work Day Schedule is to be performed and shall have the continuing operations right to decide the time and order in which various portions of the AuthorityProject shall be performed. The No claims for additional compensation or damages for delays, including, but not limited to, force majeure delays, delays caused by third-party utilities, governmental bodies and regulatory authorities, delays caused by the Owner, its agents, employees, or its separate contractors, or any other delay beyond the Control of Contractor shall plan be recoverable from Contractor. An extension of time for completion shall be the sole remedy of Subcontractor and coordinate its Work under this Contract Subcontractor waives and releases any and all claims for additional compensation; provided, however, that if Contractor obtains additional compensation from Owner, on account of such delays to avoid conflicts with other usersthe Work, lessees, licensees and patrons Subcontractor shall be entitled to such portion of the Facilitycompensation received by Contractor as is equitable under all of the circumstances. If Contractor must coordinate its Work with the Authorityprosecutes a claim against Owner for additional compensation for any delay, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor Subcontractor shall cooperate with the Authority and other contractors Contractor in the coordination prosecution thereof and shall pay its proportionate share of construction requirements costs and with Metra, other public agencies, utilities, transportation entities and all other parties either involved expenses incurred on behalf of Subcontractor in other infrastructure and other improvements connection therewith. If Subcontractor should default or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time cause delay to time during the duration of this Contract. In such event the Authority Contractor’s work, Subcontractor shall notify the Contractor and the Contractor shall revise its Work activities without additional compensation. Contractor shall not be liable for damage or delay caused directly or indirectly all losses, costs, expenses, liabilities and damages, including actual, consequential and liquidated damages, sustained by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemicContractor, or for which Contractor may be liable to Owner or any causeother party because of Subcontractor’s default or delay. Subcontractor agrees to submit (1) on a weekly basis, beyond Contractor’s controland at the time of submission of progress payment requests, which a report, in a form satisfactory to Contractor, itemizing on a weekly basis actual quantities of work performed and (2) on a daily basis a “Subcontractor Daily Report” for each day on the jobsite that indicates the daily manpower and equipment employed by Subcontractor on the exercise Project, as well as a description of due diligence and care, would not reasonably have been expected to foresee or avoidthe activities performed that day.
Appears in 1 contract
Sources: Master Subcontract Agreement
Schedule. The Contractor submitted its Schedule Design Builder shall prepare and provide the various schedules set forth in Exhibit I to the Authority Agreement. Said schedules shall include but not be limited to an overall progress schedule for all portions of the Project which have been assigned to the Design Builder (“Master Project Schedule”). The Master Project Schedule and all other schedules required hereunder shall be updated by Design Builder as often as is specified in Exhibit B to the Agreement. The Master Project Schedule and all updates to it shall be subject to Owner’s review and comment. Design Builder’s submittal of a satisfactory Master Project Schedule and updates thereto and Owner’s acceptance of same shall be a condition precedent to Owner’s obligation to pay Design Builder. PROGRESS PAYMENTS. Design Builder’s monthly Applications for Payment shall be in such form and contain such detail and backup as Owner reasonably may require. Prior to submitting its first monthly Application for Payment, Design Builder shall submit to Owner, for its review and approval, a Schedule of Values based upon the lump sum compensation to be paid Design Builder for Design Build Phase Services hereunder. After its approval by Owner, that Schedule of Values shall be used as the basis for Design Builder’s monthly Applications for Payment with its Task Order proposalrespect to the Design Build Phase Services. It is The first Application for Payment shall be submitted no earlier than thirty (30) days after the Contractor’s responsibility Design Build Phase Commencement Date. The approved Schedule of Values shall be updated to satisfactorily complete reflect current Change Orders and Construction Change Directives and submitted each month to Owner along with a completed and notarized copy of the entire Project within Application for Payment form attached to the Agreement as Exhibit G. At the time specified. The Contractor it submits its GMP proposal to Owner, Design Builder also shall prosecute submit to Owner, for its review, a revised Schedule of Values based upon the Work so that GMP proposal; all in C.S.I. format, listing the actual Work completed shall be not less than required by the approved Project Schedule. If the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved Project Schedule is less than the amount specified to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination for Convenience” herein. The Contractor shall commence performance of its obligations under this Contract no later than one week after the Notice to Proceed is delivered by the Authority. Contractor may, with the approval of the Authority, adjust the Project Schedule as the Work proceeds. Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, prior to the Final Completion Date, without additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance major elements of the Work and the Contractor shall on a day-to-day basis coordinate its Work dollar value for each element. That revised Schedule of Values, as further revised to reflect the final negotiated GMP amount and as approved by Owner, will be attached to the satisfaction GMP Amendment and shall be used as the basis for Design Builder’s monthly Applications for Payment thereafter. The revised Schedule of Values shall be updated for the current month Change Orders and Construction Change Directives and submitted each month to Owner by Design Builder along with a completed and notarized copy of the Authority Application for Payment form attached to the Agreement as Exhibit G. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner’s interest therein, all of which shall be subject to Owner’s satisfaction. Owner has the discretion whether or not to pay for such unincorporated materials. Design Builder shall submit four (4) notarized original copies of its monthly Application for Payment to Owner on or before the 25th day of each month for Work performed during the previous month. Invoices received after the 25th day of each month shall be considered for payment as part of the next month’s application. Owner shall pay Design Builder that portion of Design Builder’s Application for Payment which Owner approves as being due and owing Design Builder within thirty (30) calendar days of Owner’s receipt of the Application for Payment (complete with all required attachments and supporting documentation). Owner shall retain ten percent (10%) of that portion of the gross amount of each monthly payment request approved by Owner for payment, until fifty percent completion of the Work. Upon fifty percent completion of the Work, the amount of retainage thereafter withheld by Owner from subsequent payments shall be reduced to 5% of that portion of the gross amount of each monthly payment request approved by Owner for payment. Also, after fifty percent (50%) completion of the Work has been achieved, and to the extent required by Section 218.735(8)(d), Fla. Stat., Design Builder may request in its next monthly Application for Payment release of up to one-half of the retainage theretofore withheld by Owner prior to said fifty percent (50%) of the Work being completed. Owner reserves the right, at its sole discretion, to further reduce or release any portion of such retainage prior to final payment. Provided, however, nothing in this Section 4.5 shall preclude or limit the Owner’s right to withhold payment as otherwise permitted by the terms of the Contract Documents or as permitted by law. Monthly payments to Design Builder shall in no way imply approval or acceptance of Design Builder’s work. Each Application for Payment shall be accompanied by a Release and Affidavit, in the form attached to the Agreement as Exhibit F, showing that all materials, services, labor, equipment and other bills associated with that portion of the Work payment is being requested on have been paid in full through the previous month’s Application for Payment. Further, Design Builder shall attach to each Application for Payment the monthly written MWBE status report referenced in Paragraph 41.1 hereafter and the monthly written Apprenticeship Participation Verification report referenced in Paragraph 41.2. Owner shall not be required to make payment until and unless these affidavits and reports are furnished by Design Builder. Further, if Design Builder is withholding any portion of a payment to any subcontractor for any labor, services, or materials for which Owner has paid Design Builder, Design Builder agrees to refund such money to Owner. PAYMENTS WITHHELD All Applications for Payment are subject to Owner’s review and approval. Owner shall have the right to refuse to approve for payment any amounts, or portions thereof, requested by Design Builder in an Application for Payment, or rescind any amount previously approved for payment, and Owner may withhold any payments otherwise due Design Builder under this Contract or any other agreement between Owner and Design Builder, to the extent it is reasonably necessary, to protect Owner from any expense, cost or loss attributable to: (a) defective or deficient Work not properly remedied in accordance with the terms of the Contract Documents; (b) the filing or reasonable evidence indicating the probably filing of third party claims against Owner attributable to the fault or neglect of Design Builder; (c) Design Builder’s failure to make timely and proper payments to all subconsultants, subcontractors and suppliers; (d) reasonable evidence that the remaining Work Day Schedule cannot be completed for the unpaid Contract Amount balance; (e) reasonable evidence indicating that the remaining Work cannot be completed within the remaining Contract Time; (f) Design Builder’s failure to satisfactorily prosecute the Work in accordance with the requirements of the Contract Documents; or (g) any other material breach of the requirements of the Contract Documents by Design Builder. Owner shall have the right, but not the obligation, to take any corrective action Owner deems appropriate to cure any of the above noted items, at Design Builder’s expense, if such items are not cured by Design Builder to Owner’s reasonable satisfaction within three (3) days after Design Builder’s receipt of written notice from Owner. FINAL PAYMENT Owner shall make final payment to Design Builder within sixty (60) calendar days after the Work is finally accepted by Owner in accordance with Paragraph 23.2 herein, provided that Design Builder first, and as an explicit condition precedent to the accrual of Design Builder’s right to final payment, shall have furnished Owner with a properly executed and notarized final release (conditioned only upon receipt of final payment) in the form of the Release and Affidavit attached to the Agreement as Exhibit F, as well as, a duly executed copy of the surety’s consent to final payment and such other documentation that may be required by the Contract Documents or by Owner. Design Builder’s acceptance of final payment shall constitute a full waiver of any and all claims by Design Builder against Owner arising out of this Contract or otherwise relating to the Project, except those specifically identified in writing by Design Builder as unsettled in the final Application for Payment, with Design Builder giving full details of such unsettled claims as Owner may require. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner’s right to enforce any obligations of Design Builder hereunder or to the recovery of damages for defective Work not discovered by Owner at the time of final inspection. SUBMITTALS AND SUBSTITUTIONS Design Builder shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted, such as shop drawings, data, test results, schedules and samples. Design Builder shall prepare and submit to Owner, for Owner’s approval, procedures for Design Builder’s handling and processing of submittals. Further, Design Builder shall submit all such materials at its own expense and in such form and manner as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the continuing operations of the Authorityinstallation thereof. The Contractor Design Builder shall plan also carefully review and coordinate its Work under this Contract to avoid conflicts with other users, lessees, licensees certify for accuracy and patrons of the Facility. Contractor must coordinate its Work with the Authority, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor shall cooperate with the Authority completeness all shop drawings and other contractors in submittals and then forward the coordination same to Owner for review and action. Owner will transmit them back to Design Builder who will then issue the submittals to the affected subcontractor for fabrication or revision. Design Builder shall maintain a suspense control system to promote the expeditious handling of construction requirements and with Metra, other public agencies, utilities, transportation entities shop drawings and all other parties either involved submittals. At Owner’s request, copies of any submittals and/or Design Builder’s responses will be provided to Owner. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other infrastructure suppliers may be accepted by Owner if sufficient information is submitted by Design Builder to allow Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other improvements than Design Builder. All such requests, to the extent possible, should be submitted by Design Builder to Owner prior to the setting of the GMP. If Design Builder wishes to furnish or otherwise use a substitute item of material or equipment, Design Builder shall make application to Owner for acceptance thereof, certifying that the proposed substitute shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Design Builder’s achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair, replacement and service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by Owner in evaluating the proposed substitute. Owner may require Design Builder to furnish at Design Builder’s expense additional data about a proposed substitute. If a specific means, method, technique, sequence or procedure of construction requirementsis indicated in or required by the Contract Documents, Design Builder may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to Owner, if Design Builder submits sufficient information to allow Owner to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The Authority procedures for submission to and review by Owner shall be the same as those provided herein for substitute materials and equipment. Owner shall be allowed a reasonable time within which to evaluate each proposed substitute. Owner shall be the sole judge of the acceptability of any substitute. No substitute shall be ordered, installed or utilized without Owner’s prior written acceptance which shall be evidenced by either a Change Order or an approved submittal. Owner may revise require Design Builder to furnish at Design Builder’s expense a special performance guarantee or other surety with respect to any substitute. If Owner rejects the proposed substitute, at Owner’s discretion, Owner may require Design Builder to reimburse Owner for the costs of evaluating the proposed substitute. DESIGN BUILDER RESPONSIBILITIES Design Builder shall provide the following review and commentary services, in addition to any other Work Day Schedule from time to time during required by the duration terms of this Contract. In such event : Whenever Owner approved allowance expenditures are more or less than the Authority applicable allowance, the GMP shall notify the Contractor and the Contractor shall revise its Work activities without additional compensation. Contractor shall not be liable for damage or delay caused directly or indirectly adjusted accordingly by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemic, or any cause, beyond Contractor’s control, which Contractor, by the exercise of due diligence and care, would not reasonably have been expected to foresee or avoidChange Order.
Appears in 1 contract
Sources: Project Design Build Contract
Schedule. The Contractor submitted its Schedule to Time is of the Authority with its Task Order proposalessence of this Subcontract. It is Subcontractor shall commence the Contractor’s responsibility to satisfactorily Subcontract Work on the Commencement Date and shall diligently and continuously prosecute and complete the entire Project within Subcontract Work on or before the time specifiedCompletion Date. The Contractor Subcontractor shall prosecute coordinate the Subcontract Work so that the actual Work completed shall be not less than required by the approved Project Schedule. If the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved Project Schedule is less than the amount specified to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination for Convenience” herein. The Contractor shall commence performance of its obligations under this Contract no later than one week after the Notice to Proceed is delivered by the Authority. Contractor may, with the approval of other work being performed on the AuthorityProject, adjust the Project Schedule as the Work proceeds. Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, prior to the Final Completion Date, without additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance of the Work and the Contractor shall on a day-to-day basis coordinate its Work to the satisfaction of the Authority perform in accordance with the Work Day Schedule Project schedule as it may be amended, and any other scheduling requirements listed in this Agreement or reasonably required by Project conditions or by Contractor in its sole discretion. Subcontractor shall not delay the continuing operations commencement, progress or completion of the Authority. The Contractor shall plan and coordinate its Work under this Contract to avoid conflicts with other users, lessees, licensees and patrons whole or any part of the FacilitySubcontract Work or other work on the Project. Subcontractor shall furnish to Contractor must coordinate its a schedule showing the time periods within which Subcontractor proposes to furnish items, areas or other appropriate portions of the Subcontract Work with and shall adjust the Authority, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements or otherwise affected by the construction schedule to meet Contractor’s requirements. The Authority may revise Subcontractor shall give Contractor written notice promptly after the Work Day Schedule from time to time during the duration occurrence of this Contract. In such event the Authority shall notify the Contractor and the Contractor shall revise its Work activities without additional compensation. Contractor shall not be liable for damage or delay caused directly or indirectly by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemic, or any cause, beyond event or condition which could delay or hinder performance of the Subcontract Work in accordance with the schedule. If Subcontractor is delayed or hindered, unavoidably and through no fault of its own, in its performance of items on the critical path of the Subcontract Work because of a breach by Contractor, or for any reason that entitles Contractor to an extension of the Contract Time, the Completion Date may be extended. No extension of the Completion Date shall exceed the delay actually caused by Contractor’s controlbreach, or the extension to the Contract Time actually received by Contractor. An extension of the Completion Date shall be Subcontractor’s sole remedy, and in no event shall Subcontractor be entitled to any damages or additional compensation for any delays or hindrances in its performance of the Subcontract Work. Contractor may require Subcontractor to accelerate its performance to overcome delays for which Subcontractor is not responsible or to complete the whole or any part of the Subcontract Work earlier than scheduled. Subcontractor shall provide additional or overtime labor as requested by Contractor, by and Contractor shall reimburse Subcontractor the exercise additional direct costs Subcontractor actually incurs as a result of due diligence and care, would not reasonably have been expected to foresee or avoidsuch acceleration.
Appears in 1 contract
Sources: Universal Subcontract
Schedule. The Contractor submitted its Schedule to Time is of the Authority essence of this Agreement and all WOs. Subcontractor shall provide JG with its Task Order proposal. It is the Contractor’s responsibility to satisfactorily complete the entire Project within the time specified. The Contractor shall prosecute the Work so that the actual Work completed shall be not less than required by the approved Project Schedule. If the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved Project Schedule is less than the amount specified to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination scheduling information and a proposed schedule for Convenience” herein. The Contractor shall commence performance of its obligations under this Contract no later than one week after Work in a form and by a date acceptable to JG. Subcontractor shall conform to JG’s reasonable progress schedule and all reasonable revisions or changes made thereto, which Subcontractor recognizes shall be made for the Notice to Proceed is delivered by the Authority. Contractor may, with the approval benefit of the Authoritytimely progress of the Project. Subcontractor shall prosecute its Work without delaying or hindering JG’s work or the work of others. Subcontractor shall coordinate its Work with that of all other contractors, adjust the Project Schedule as the Work proceeds. Contractor subcontractors, and its subcontractors shall furnish sufficient shift work and overtime as necessary of JG.
(a) Subcontractor agrees to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, notify JG in writing within two (2) working days (or 24-hours prior to the Final Completion Datetime within which JG must provide notice to the Owner pursuant to the terms of the Prime Contract Documents, whichever is earlier) of any delays or anticipated delays to the Work and to state the cause of said delays. If Subcontractor fails to provide such written notice, Subcontractor waives any and all rights to additional time or costs associated with all delays or anticipated delays for which timely notice was not given.
(b) In the event Subcontractor fails to maintain its part of JG’s schedule, it shall, without additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance of accelerate the Work and as JG may direct until the Contractor shall on a day-to-day basis coordinate its Work to the satisfaction of the Authority is in accordance with such schedule. JG shall have complete control of the premises on which the Work Day Schedule is to be performed and shall have the continuing operations right to decide the time and order in which various portions of the AuthorityProject shall be performed.
(c) No claims for additional compensation or damages for delays, including, but not limited to, force majeure delays, delays caused by third-party utilities, governmental bodies and regulatory authorities, delays caused by the Owner, its agents, employees, or its separate contractors, or any other delay beyond the Control of JG shall be recoverable from JG. The Contractor An extension of time for completion shall plan be the sole remedy of Subcontractor and coordinate its Work under this Contract Subcontractor waives and releases any and all claims for additional compensation; provided, however, that if JG obtains additional compensation from Owner, on account of such delays to avoid conflicts with other usersthe Work, lessees, licensees and patrons Subcontractor shall be entitled to such portion of the Facilitycompensation received by JG as is equitable under all of the circumstances. Contractor must coordinate its Work with the AuthorityIf JG prosecutes a claim against Owner for additional compensation for any delay, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor Subcontractor shall cooperate with the Authority and other contractors JG in the coordination prosecution thereof and shall pay its proportionate share of construction requirements costs and with Metra, other public agencies, utilities, transportation entities and all other parties either involved expenses incurred on behalf of Subcontractor in other infrastructure and other improvements connection therewith.
(d) If Subcontractor should default or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time cause delay to time during the duration of this Contract. In such event the Authority JG’s work, Subcontractor shall notify the Contractor and the Contractor shall revise its Work activities without additional compensation. Contractor shall not be liable for damage or delay caused directly or indirectly all losses, costs, expenses, liabilities and damages, including actual, consequential and liquidated damages, sustained by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemicJG, or for which JG may be liable to Owner or any causeother party because of Subcontractor’s default or delay.
(e) Subcontractor agrees to submit (1) on a weekly basis, beyond Contractor’s controland at the time of submission of progress payment requests, which Contractora report, in a form satisfactory to JG, itemizing on a weekly basis actual quantities of work performed and (2) on a daily basis a “Subcontractor Daily Report” for each day on the jobsite that indicates the daily manpower and equipment employed by Subcontractor on the exercise Project, as well as a description of due diligence and care, would not reasonably have been expected to foresee or avoidthe activities performed that day.
Appears in 1 contract
Sources: Master Subcontract Agreement
Schedule. The Contractor submitted its Schedule Seller shall act with diligence in conducting investigation and remediation measures, in pursuing issuance of the Completion Documents, and in complying with any applicable requirements of the respective state voluntary cleanup program, including without limitation the following, to the Authority extent required by the respective state voluntary cleanup program: causing the Completion Documents to be recorded in the property records and filed with governmental agencies, and notifying third parties such as off-site landowners. Seller shall make reasonable efforts to cause the Completion Documents to be issued by no later than the LLC Expiration Date (as defined in that certain Limited Liability Company Agreement of even date herewith by and between CenterPoint Properties Trust and JF US Industrial Property Trust). If Seller fails to cause the Completion Documents to be issued by no later than the LLC Expiration Date for any individual Property (“NFR Substitution Event”), Purchaser may, at its Task Order proposaloption, by written notice to Seller within thirty (30) days after the occurrence of an NFR Substitution Event, request that Seller offer a Substitute Property in accordance with Section 9.9.2 above (“NFR Substitution Notice”); provided, however, in the event that Purchaser elects to have Seller provide a Substitute Property, Seller, if it chooses to do so, in its sole and absolute discretion, shall have a period of thirty (30) days from the date Seller is given the NFR Substitution Notice to obtain the Completion Documents, and further, provided, however, if the Completion Documents are not capable of being obtained within said thirty (30) day period through no fault of Seller and Seller has commenced to obtain the Completion Documents within such thirty (30) day period, then Seller shall have such reasonable period of time from and after the date of the NFR Completion Notice to obtain the Completion Documents; provided, further, that such additional period shall not extend beyond the date of the Closing with respect to the Substitute Property. It is In the Contractor’s responsibility event Seller cures the condition giving rise to satisfactorily complete the entire Project NFR Substitution Event prior to the time that a Closing with respect to the Substitute Property occurs, the Scheduled Closing Date for the Removed Property shall be extended to the fifteenth (15th) day after the condition giving rise to the NFR Substitution Event has been cured. In the event Seller does not obtain the Completion Documents within the time specifiedperiods referenced above, Seller shall repurchase the Property in question at such time as Purchaser acquires a Substitute Property. The Contractor Seller shall prosecute repurchase the Work so that Removed Property for the actual Work completed same price paid by Purchaser to purchase such Property from Seller and Seller shall repurchase such Property on the same terms and conditions of this Agreement applicable to Purchaser’s acquisition of a Substitute Property. Seller shall be not less than required by obligated to repurchase the approved Project ScheduleProperty in question only if Purchaser agrees to purchase the Substitute Property, and Purchaser and Seller shall agree to close on both transactions on the same day at the same time. If Seller and Purchaser agree to follow the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved Project Schedule is less than the amount specified to be completed within such timesame terms, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination conditions and procedures for Convenience” herein. The Contractor shall commence performance of its obligations under this Contract no later than one week after the Notice to Proceed is delivered by the Authority. Contractor may, with the approval of the Authority, adjust the Project Schedule as the Work proceeds. Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, prior to the Final Completion Date, without additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance of the Work and the Contractor shall on a day-to-day basis coordinate its Work to the satisfaction of the Authority in accordance with the Work Day Schedule and the continuing operations of the Authority. The Contractor shall plan and coordinate its Work under this Contract to avoid conflicts with other users, lessees, licensees and patrons of the Facility. Contractor must coordinate its Work with the Authority, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time to time during the duration purposes of this Contract. In such event the Authority shall notify the Contractor exchange as are generally consistent with Sections 9.9.5, 9.9.6, 9.9.7 and the Contractor shall revise its Work activities without additional compensation. Contractor shall not be liable for damage or delay caused directly or indirectly by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemic, or any cause, beyond Contractor’s control, which Contractor, by the exercise 9.9.8 of due diligence and care, would not reasonably have been expected to foresee or avoidthis Agreement.
Appears in 1 contract
Schedule. The Time is of the essence of this Agreement and all WOs. Subcontractor shall provide Contractor submitted its Schedule to the Authority with its Task Order proposal. It is the Contractor’s responsibility to satisfactorily complete the entire Project within the time specified. The Contractor shall prosecute the Work so that the actual Work completed shall be not less than required by the approved Project Schedule. If the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved Project Schedule is less than the amount specified to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination scheduling information and a proposed schedule for Convenience” herein. The Contractor shall commence performance of its obligations under this Contract no later than one week after Work in a form and by a date acceptable to Contractor. Subcontractor shall conform to Contractor’s reasonable progress schedule and all reasonable revisions or changes made thereto, which Subcontractor recognizes shall be made for the Notice to Proceed is delivered by the Authority. Contractor may, with the approval benefit of the Authoritytimely progress of the Project. Subcontractor shall prosecute its Work without delaying or hindering Contractor’s work or the work of others. Subcontractor shall coordinate its Work with that of all other contractors, adjust the Project Schedule as the Work proceeds. subcontractors, and of Contractor.
(a) Subcontractor agrees to notify Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, in writing within two (2) working days (or 24-hours prior to the Final Completion Datetime within which Contractor must provide notice to the Owner pursuant to the terms of the Prime Contract Documents, whichever is earlier) of any delays or anticipated delays to the Work and to state the cause of said delays. If Subcontractor fails to provide such written notice, Subcontractor waives any and all rights to additional time or costs associated with all delays or anticipated delays for which timely notice was not given.
(b) In the event Subcontractor fails to maintain its part of Contractor’s schedule, it shall, without additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance of accelerate the Work and as Contractor may direct until the Contractor shall on a day-to-day basis coordinate its Work to the satisfaction of the Authority is in accordance with such schedule. Contractor shall have complete control of the premises on which the Work Day Schedule is to be performed and shall have the continuing operations right to decide the time and order in which various portions of the Authority. The Project shall be performed.
(c) No claims for additional compensation or damages for delays, including, but not limited to, force majeure delays, delays caused by third-party utilities, governmental bodies and regulatory authorities, delays caused by the Owner, its agents, employees, or its separate contractors, or any other delay beyond the Control of Contractor shall plan be recoverable from Contractor. An extension of time for completion shall be the sole remedy of Subcontractor and coordinate its Work under this Contract Subcontractor waives and releases any and all claims for additional compensation; provided, however, that if Contractor obtains additional compensation from Owner, on account of such delays to avoid conflicts with other usersthe Work, lessees, licensees and patrons Subcontractor shall be entitled to such portion of the Facilitycompensation received by Contractor as is equitable under all of the circumstances. If Contractor must coordinate its Work with the Authorityprosecutes a claim against Owner for additional compensation for any delay, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor Subcontractor shall cooperate with the Authority and other contractors Contractor in the coordination prosecution thereof and shall pay its proportionate share of construction requirements costs and with Metra, other public agencies, utilities, transportation entities and all other parties either involved expenses incurred on behalf of Subcontractor in other infrastructure and other improvements connection therewith.
(d) If Subcontractor should default or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time cause delay to time during the duration of this Contract. In such event the Authority Contractor’s work, Subcontractor shall notify the Contractor and the Contractor shall revise its Work activities without additional compensation. Contractor shall not be liable for damage or delay caused directly or indirectly all losses, costs, expenses, liabilities and damages, including actual, consequential and liquidated damages, sustained by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemicContractor, or for which Contractor may be liable to Owner or any causeother party because of Subcontractor’s default or delay.
(e) Subcontractor agrees to submit (1) on a weekly basis, beyond Contractor’s controland at the time of submission of progress payment requests, which a report, in a form satisfactory to Contractor, itemizing on a weekly basis actual quantities of work performed and (2) on a daily basis a “Subcontractor Daily Report” for each day on the jobsite that indicates the daily manpower and equipment employed by Subcontractor on the exercise Project, as well as a description of due diligence and care, would not reasonably have been expected to foresee or avoidthe activities performed that day.
Appears in 1 contract
Sources: Master Subcontract Agreement
Schedule. The Contractor submitted its Schedule to the Authority with its Task Order proposalAuthority, pursuant to Exhibit 1. It is the Contractor’s responsibility to satisfactorily complete the entire Project within the time specified. The Contractor shall prosecute the Work so that the actual Work completed shall be not less than required by the approved Project Schedule. If the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved Project Schedule is less than the amount specified to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination for Convenience” herein. The Contractor shall commence performance of its obligations under this Contract no later than one week after the Notice to Proceed is delivered by the Authority. The Contractor and the Authority will determine the construction schedule at the pre-construction meeting. Contractor may, with the approval of the Authority, adjust the Project Schedule as the Work proceeds. Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, prior to the Final Completion Date, without additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance of the Work and the Contractor shall on a day-to-day basis coordinate its Work to the satisfaction of the Authority in accordance with the Work Day Schedule and the continuing operations of the Authority. The Contractor shall plan and coordinate its Work under this Contract to avoid conflicts with other users, lessees, licensees and patrons of the Facility. Contractor must coordinate its Work with the Authority, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metrarequirements, as well as other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time to time during the duration of this Contract. In such event the Authority shall notify the Contractor and the Contractor shall revise its Work activities without additional compensation. Contractor shall not be liable for damage or delay caused directly or indirectly by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemic, or any cause, beyond Contractor’s control, which Contractor, by the exercise of due diligence and care, would not reasonably have been expected to foresee or avoid.
Appears in 1 contract
Sources: Contract for Construction Services
Schedule. The Contractor submitted its Time limits stated in this Agreement are of the essence. Promptly upon establishing the Site Access Schedule to for each SGF with the Authority with its Task Order proposal. It is the Contractor’s responsibility to satisfactorily complete the entire Project within the time specified. The Applicable Local Unit, Contractor shall prosecute the Work so that the actual Work completed shall be not less than required by the approved Project Schedule. If the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved submit to Owner and Authority Construction Monitor an initial Project Schedule is less than for the amount specified to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination for Convenience” herein. The Contractor shall commence performance of its obligations under this Contract no later than one week after the Notice to Proceed is delivered by the Authority. Contractor may, with the approval of the Authority, adjust the Project Schedule as the Work proceeds. Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, prior to the Final Completion Date, without additional compensation. It is understood and agreed that certain milestone dates SGFs included in the Contractor's Project, which schedule will be relied upon by shall show the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance critical path ("Critical Path") of the Work and include anticipated dates for achievement of significant construction milestones, including the dates when construction shall begin on the SGF and Mechanical Completion is expected to be achieved and the Guaranteed Substantial Completion Date for the SGF. The Project Schedule (and any adjustments thereto made by Contractor and agreed to by Owner and the Authority, such agreement not to be unreasonably withheld) shall on a day-to-day basis coordinate its Work be consistent with the milestone dates set forth in Attachment VIII except to the satisfaction of extent that the Authority Applicable Local Unit, in establishing the Site Access Schedule with Contractor, imposes access restrictions beyond those contemplated in Attachment VII. If such unanticipated access restrictions could reasonably be expected to prevent compliance with the completion schedule contemplated in Attachment VIII unless Contractor expended additional amounts for overtime labor, additional equipment costs or other "work-arounds", then the milestone dates set forth in Attachment VIII (including the Guaranteed Substantial Completion Date) with respect to such SGF shall be revised by Change Order in accordance with the Work Day Schedule and the continuing operations provisions of ARTICLE 8 (without prejudice to Owner’s right to direct acceleration of the AuthorityWork in accordance with Section 5.3 in order to reduce or eliminate any extension of such dates). The After submission of the initial Project Schedule, Contractor shall plan prepare and coordinate its submit to Owner on a timely basis such progress schedules and progress reports and other reports relating to the Work under this Contract as Owner shall reasonably request (or as may be required by the Program Documents), which Owner shall provide to avoid conflicts with other users, lessees, licensees and patrons of the Facility. Contractor must coordinate its Work with the Authority, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time to time during the duration of this Contract. In such event the Authority shall notify the Contractor and the Contractor shall revise its Work activities without additional compensationConstruction Monitor upon request. Contractor shall not attend such meetings as Owner or Authority Construction Monitor may reasonably require (or as may be liable for damage or delay caused directly or indirectly by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemic, or any cause, beyond Contractor’s control, which Contractor, required by the exercise of due diligence Program Documents) to verify actual progress and care, would not reasonably have been expected to foresee or avoidpredict future progress.
Appears in 1 contract
Schedule. The Contractor submitted its Schedule When an employee is promoted to a Job in a higher grade, he will be paid at the rate in the range of the new grade, which is closest to a increase in the rate he was receiving in their prior classification. When an employee posts into a vacancy in the Customer Service Representative classification, that employee must have completed the wage progression stages of a General Clerk. If not he will be placed in the progres- sion steps of the General Clerk prior to moving to the Authority with its Task Order proposalCustomer Service Representative wage progression. It is General Clerk’s shall the Contractor’s responsibility following functions: Collections Follow-up, Solicitors Inquiries, Collection Phone Calls and Contract Follow-up. These duties will be distributed equally on a rotating basis so that employ- ees are fully trained on each Mail messengers wishing to satisfactorily complete post into the entire Project General Clerk position will enter the position at their current rate within the time specifiedclassification. The Contractor shall prosecute the Work so that the actual Work completed shall be not less than required by the approved Project Schedule. If the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned All General Clerks in the approved Project Schedule is less than the amount specified Customer Services Department except Customer Service Representatives may be required to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination for Convenience” herein. The Contractor shall commence performance of its obligations under this Contract no later than one week after the Notice perform customer serviceduties not to Proceed is delivered by the Authority. Contractor may, with the approval exceed of the Authority, adjust the Project Schedule regular year’s employment. An employee designated as the Work proceedsa Trainee who does not make satisfactory progress in a category may have their advancement (i.e. rate increase) withheld for a period of six months. Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceed, nor permit its Subcontractors to exceedShould progression thereby be with- held, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, prior to the Final Completion Date, without additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance of the Work and the Contractor shall on a day-to-day basis coordinate its Work to the satisfaction of the Authority in accordance with the Work Day Schedule and the continuing operations of the Authority. The Contractor shall plan and coordinate its Work under this Contract to avoid conflicts with other users, lessees, licensees and patrons of the Facility. Contractor must coordinate its Work with the Authority, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time to time during the duration of this Contract. In such event the Authority Corporation shall notify the Contractor employee and give the Contractor reasons therefore. The Corporation will make a re-evaluation within six months from the date at which progression was first withheld. If their progress is still not satisfactory, the Corporation shall revise its Work activities without additional compensationhave the right to dismiss them, assign them to other duties or hold them at their current rate. Contractor An Engineering Technician shall not be liable for damage progress to the Engi- neering Technologist level, upon completion of a year diploma course (or delay caused directly equivalent) in an appropriate disci- ▇▇▇▇▇, obtainment of Tech. or indirectly by embargoeshigher designation from and upon the recommendation of the supervisor. between Horizon Utilities Corporation (hereinafter designated as the “Corporation”) This letter of understanding will confirm our under- standing in regards to payment of a temporary rate of pay to all employees in Schedule Upon satisfactory completion of training and upon the recommendation of the Department Manager, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemic, or any cause, beyond Contractor’s control, which Contractor, by employ- ees shall receive the exercise top rate of due diligence and care, would not reasonably have been expected to foresee or avoid.the job class they are assigned to. On Behalf of On Behalf of Horizon Local 636: Utilities Corporation: between Horizon Utilities Corporation (hereinafter designated as the Corporation”)
Appears in 1 contract
Sources: Collective Agreement
Schedule. The Contractor submitted its Schedule to the Authority with its Task Order proposal. It Time is the Contractor’s responsibility to satisfactorily complete the entire Project within the time specified. The Contractor shall prosecute the Work so that the actual Work completed shall be not less than required by the approved Project Schedule. If the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved Project Schedule is less than the amount specified to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination for Convenience” herein. The Contractor shall commence performance of its obligations under this Contract no later than one week after the Notice to Proceed is delivered by the Authority. Contractor may, with the approval of the Authority, adjust essence and Subcontractor agrees to commence and to complete its work per the Project Master Construction Schedule as the Work proceeds. Contractor and its subcontractors shall furnish sufficient shift work and overtime described in Attachment C or as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, prior to the Final Completion Date, without additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance of the Work and the Contractor shall on a day-to-day basis coordinate its Work to the satisfaction of the Authority subsequently modified in accordance with the Work Day Schedule Contract Documents. Subcontract No.18001-0000 ▇▇▇▇▇▇▇ CORPORATION-CORE Subcontractor agrees to commence its work immediately (i.e., purchase/order materials and equipment, prepare submittals for approval and coordination, and fabricate as required) to permit its work to begin on site on the continuing operations earliest date for Subcontractor’s work shown on the latest version of the AuthorityMaster Construction Schedule. The Contractor Master Construction Schedule may be updated and revised periodically to insure compliance with required contract milestone and completion dates. Said revisions shall plan not necessitate a change in the contract amount or other terms so long as the revisions do not materially change Subcontractor’s scope of work. Tarlton shall have sole ownership of all total and/or free float in the Master Construction Schedule (if any) and coordinate use of said float is at the discretion of Tarlton. Subcontractor shall develop all progress schedules for its Work under this work as required in the Contract to avoid conflicts Documents for incorporation into the Master Construction Schedule. Additionally, if requested by Tarlton, Subcontractor shall participate in the development of the Master Construction Schedule or other intermediate/short interval project schedules. Subcontractor shall be present at all jobsite meetings (if held) where its input is requested or required for efficient coordination with other usersproject stakeholders. Subcontractor agrees to cooperate with Owner, lesseesArchitect/Engineer, licensees Tarlton and patrons of other subcontractors in diligently scheduling and completing the Facility. Contractor must coordinate its Work work so that the entire Project can be completed as specified in Attachment C (or other Contract Documents) and so as not to conflict or interfere with the Authoritywork of other subcontractors. If Subcontractor does not carry out its work at such rates of progress as required by the Contract Documents or Master Construction Schedule, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur Tarlton may require Subcontractor to produce a recovery schedule to bring its work back in the Authority's projects or operations. The Contractor shall cooperate line with the Authority Master Construction Schedule. or, Tarlton may require Subcontractor to work overtime or multiple shifts, add manpower and/or equipment, increase its supervision or such other actions Tarlton may ▇▇▇▇ necessary in order to minimize the impacts of Subcontractor’s deficiencies to the Master Construction Schedule. Tarlton may take these actions without waiving any other rights it might have against Subcontractor and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time to time during the duration of this Contract. In such event the Authority shall notify the Contractor and the Contractor shall revise its Work activities without Subcontractor receiving any additional compensation. Contractor If Subcontractor's Work is delayed for any reason, Subcontractor shall submit a written delay notice to Tarlton within the earlier of the time frame dictated in the Contract Documents or three (3) working days after the occurrence of the event giving rise to the delay. If Subcontractor seeks an extension of time as a result of the delay, Subcontractor shall submit a request for an extension of time to complete its work within the earlier of the time frame dictated in the Contract Documents and ten (10) working days after the occurrence of the event giving rise to the delay. Subcontractor's request for a time extension shall include a written Time Impact Analysis illustrating the influence of each delay on the current Master Construction Schedule. Each Time Impact Analysis shall include a written summary of the cause of the delay, a specific request for an extension of time, plus a Schedule Fragnet demonstrating how the Subcontractor proposes to integrate the delay into the Master Construction Schedule. (A Schedule Fragnet is defined as a sequence of new activities and/or activity revisions that are proposed to be added to the existing schedule to demonstrate the influence of the delay and the method for incorporating delays and impacts into the schedule as they are encountered.) In cases where the Subcontractor does not submit in writing a delay notice or Time Impact Analysis for a specific change order or delay within the specified period of time, Subcontractor shall be deemed to have irrevocably waived its rights to any additional time and cost with respect to said change order or delay. Furthermore, if Subcontractor signs a Change Order which does not rightfully contain an extension of time, Subcontractor shall be deemed to have irrevocably Subcontract No.18001-0000 ▇▇▇▇▇▇▇ CORPORATION-CORE s rights to any additional time associated with or resulting from the Change Order. Subcontractor shall not be liable entitled to an extension of time for damage any delay that is not caused by Tarlton or another subcontractor unless, and only to the extent that, Tarlton receives a time extension from Owner. The Owner’s issuance of a time extension to Tarlton is a condition precedent to Subcontractor’s right to a time extension for any delay that is not caused directly by Tarlton or indirectly another subcontractor. Unless there is recovery by embargoesTarlton from the Owner or another subcontractor or supplier, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemicno payment, or compensation of any causekind, beyond Contractor’s controlfor damages shall be made by Tarlton to Subcontractor due to any delay even though Subcontractor's extension of time request is granted. In conjunction with the Contract Documents, which ContractorSubcontractor hereby specifically waives any right to seek damages for delay in the Subcontract Work; including, by but not limited to, extended overhead costs, extended supervision costs, extended general conditions costs, extended project overhead costs, increased wage rates, increased material prices, incidental damages, special damages, and consequential damages. Subcontractor shall not have the exercise of right to stop its work due diligence to any dispute or claim. Subcontractor shall continue with its work and care, would not reasonably have been expected may do so while prosecuting a claim or while reserving its right to foresee or avoidassert a claim at a later time.
Appears in 1 contract
Sources: Subcontract Agreement
Schedule. 3.2.1 The Contractor submitted its Project Schedule to the Authority with its Task Order proposal. It is the Contractor’s responsibility to satisfactorily complete the entire Project within the time specified. The Contractor shall prosecute the Work so that the actual Work completed shall be not less than updated and maintained throughout the Contract.
3.2.2 The Project Schedule shall be revised as required by conditions and progress of the approved Project Schedule. If Work, but such revisions shall not relieve the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved Project Schedule is less than the amount specified to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination for Convenience” herein. The Contractor shall commence performance CMAR of its obligations under this Contract no later than one week after the Notice to Proceed is delivered by the Authority. Contractor may, with the approval of the Authority, adjust the Project Schedule as the Work proceeds. Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the WorkWork within the Contract Time, including remedial work, if necessary, prior to the Final Completion Date, without additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance of the Work and the Contractor shall on a day-to-day basis coordinate its Work to the satisfaction of the Authority adjusted in accordance with the Work Day Contract Documents. No modification to the Contract Documents or the Contract Time shall be effective unless approved in advance by the CITY.
3.2.3 An updated Project Schedule and shall be submitted monthly to the continuing operations CITY as part of the AuthorityPayment Application.
3.2.4 CMAR shall provide the CITY with a monthly status report with each Project Schedule detailing the progress of Work, including:
a. if the Work is proceeding according to schedule,
b. any discrepancies, conflicts, or ambiguities found to exist in the Contract Documents that require resolution, and
c. other information detailing items that require resolution so as not to jeopardize the ability to complete the Work in the Contract Time.
d. Submittal of the schedule to the CITY should in no way be construed as acceptance, affirmation or admission that the schedule is reasonable or workable by the CMAR. The Contractor responsibility for completing the Work on the Project within the Contract Time remains the obligation of the CMAR. The CITY’s review shall plan not relieve the CMAR from compliance with the requirements of the Contract Documents or be construed as relieving the ▇▇▇▇ of its complete and exclusive control over means, methods, sequences and techniques for executing the Work.
3.2.5 During the Owner, Architect/Engineer and ▇▇▇▇ (OAC) Meetings, the CMAR shall also submit a two week look-ahead forecast schedule updated weekly. These schedules shall be presented as a subset of the overall schedule or in a format such as an Excel spreadsheet and shall depict the upcoming work tasks and associated durations by days. Special actions or tasks for certain subsets of the Work may be requested to be presented separately by the CITY and shall be furnished if so requested. The look- ahead schedule intent is to identify upcoming tasks, traffic control and/or public outreach needs, monitor anticipated progress, and allow the project team to discuss and coordinate its Work under this Contract project in accordance with the needs. These look-ahead forecast schedules shall be presented to avoid conflicts with other usersthe CITY in either electronic publishing (.pdf) or hardcopy format.
3.2.6 The CITY, lessees, licensees Consultant and patrons CMAR shall meet onsite every two (2) weeks to review the status of the FacilityWork, progress, payments and any issues impacting the performance and time of performance. Contractor must coordinate its In the event the CITY and Consultant determines that the Work is behind schedule or delayed, the CMAR shall propose an affirmative plan to correct the delay, including resequencing of the Work, overtime and/or additional labor, if necessary. In no event shall any determinations made during an OAC Meeting or representations in the OAC Meeting Minutes constitute an adjustment in the Contract Time, or the Contract Price unless any such adjustment is agreed to by the CITY and authorized pursuant to a properly executed written Change Order. CMAR shall keep proper records available for inspection by the CITY to substantiate actual activity, duration and completion dates.
3.2.7 CMAR shall review and assess all materials availability and delivery timeframes very early in the project and plan their activities for shop submittals, ordering and construction means and methods accordingly. If the CMAR discovers or encounters any potential schedule issues in this assessment process that will materially impact, restrict or prohibit work commencement and completion in accordance with the Authorityproposed contract dates noted, they shall promptly notify the Authority's other contractors CITY to discuss the issues and subcontractorsdevelop a mutually acceptable course of action.
▇. ▇▇▇▇, if anypromptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, so no delays or interference will occur in shall submit a materials and shop drawings schedule for the Authority's projects or operationsConsultant’s approval. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time to time during the duration of this Contract. In such event the Authority shall notify the Contractor and the Contractor shall revise its Work activities without additional compensation. Contractor Consultant approval shall not be liable for damage unreasonably delayed or delay caused directly or indirectly by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemic, or any cause, beyond Contractor’s control, which Contractor, by withheld. The submittal schedule shall be:
i. Coordinated with the exercise of due diligence and care, would not reasonably have been expected CMAR construction schedule
ii. Allow the Consultant reasonable time to foresee or avoid.review submittals
Appears in 1 contract
Schedule. 3.2.1 The Contractor submitted its Project Schedule to the Authority with its Task Order proposal. It is the Contractor’s responsibility to satisfactorily complete the entire Project within the time specified. The Contractor shall prosecute the Work so that the actual Work completed shall be not less than updated and maintained throughout the Contract.
3.2.2 The Project Schedule shall be revised as required by conditions and progress of the approved Project Schedule. If Work, but such revisions shall not relieve the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved Project Schedule is less than the amount specified to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination for Convenience” herein. The Contractor shall commence performance CMAR of its obligations under this Contract no later than one week after the Notice to Proceed is delivered by the Authority. Contractor may, with the approval of the Authority, adjust the Project Schedule as the Work proceeds. Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the WorkWork within the Contract Time, including remedial work, if necessary, prior to the Final Completion Date, without additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance of the Work and the Contractor shall on a day-to-day basis coordinate its Work to the satisfaction of the Authority adjusted in accordance with the Work Day Contract Documents. No modification to the Contract Documents or the Contract Time shall be effective unless approved in advance by the CITY.
3.2.3 An updated Project Schedule and shall be submitted monthly to the continuing operations CITY as part of the AuthorityPayment Application.
3.2.4 CMAR shall provide the CITY with a monthly status report with each Project Schedule detailing the progress of Work, including:
a. if the Work is proceeding according to schedule,
b. any discrepancies, conflicts, or ambiguities found to exist in the Contract Documents that require resolution, and
c. other information detailing items that require resolution so as not to jeopardize the ability to complete the Work in the Contract Time.
d. Submittal of the schedule to the CITY should in no way be construed as acceptance, affirmation or admission that the schedule is reasonable or workable by the CMAR. The Contractor responsibility for completing the Work on the Project within the Contract Time remains the obligation of the CMAR. The CITY’s review shall plan not relieve the CMAR from compliance with the requirements of the Contract Documents or be construed as relieving the ▇▇▇▇ of its complete and exclusive control over means, methods, sequences and techniques for executing the Work.
3.2.5 During the Owner, Architect/Engineer and ▇▇▇▇ (OAC) Meetings, the CMAR shall also submit a two week look-ahead forecast schedule updated weekly. These schedules shall be presented as a subset of the overall schedule or in a format such as an Excel spreadsheet and shall depict the upcoming work tasks and associated durations by days. Special actions or tasks for certain subsets of the Work may be requested to be presented separately by the CITY and shall be furnished if so requested. The look- ahead schedule intent is to identify upcoming tasks, traffic control and/or public outreach needs, monitor anticipated progress, and allow the project team to discuss and coordinate its Work under this Contract project in accordance with the needs. These look-ahead forecast schedules shall be presented to avoid conflicts with other usersthe CITY in either electronic publishing (.pdf) or hardcopy format.
3.2.6 The CITY, lessees, licensees Consultant and patrons CMAR shall meet onsite every two (2) weeks to review the status of the FacilityWork, progress, payments and any issues impacting the performance and time of performance. Contractor must coordinate its In the event the CITY and Consultant determines that the Work is behind schedule or delayed, the CMAR shall propose an affirmative plan to correct the delay, including resequencing of the Work, overtime and/or additional labor, if necessary. In no event shall any determinations made during an OAC Meeting or representations in the OAC Meeting Minutes constitute an adjustment in the Contract Time, or the Contract Price unless any such adjustment is agreed to by the CITY and authorized pursuant to a properly executed written Change Order. CMAR shall keep proper records available for inspection by the CITY to substantiate actual activity, duration and completion dates.
3.2.7 CMAR shall review and assess all materials availability and delivery timeframes very early in the project and plan their activities for shop submittals, ordering and construction means and methods accordingly. If the CMAR discovers or encounters any potential schedule issues in this assessment process that will materially impact, restrict or prohibit work commencement and completion in accordance with the Authorityproposed contract dates noted, they shall promptly notify the Authority's other contractors CITY to discuss the issues and subcontractorsdevelop a mutually acceptable course of action.
▇. ▇▇▇▇, if anypromptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, so no delays or interference will occur in shall submit a materials and shop drawings schedule for the Authority's projects or operationsConsultant’s approval. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time to time during the duration of this Contract. In such event the Authority shall notify the Contractor and the Contractor shall revise its Work activities without additional compensation. Contractor Consultant approval shall not be liable for damage unreasonably delayed or delay caused directly or indirectly by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemic, or any cause, beyond Contractor’s control, which Contractor, by withheld. The submittal schedule shall be:
i. Coordinated with the exercise of due diligence and care, would not reasonably have been expected CMAR construction schedule.
ii. Allow the Consultant reasonable time to foresee or avoidreview submittals.
Appears in 1 contract
Schedule. The Contractor submitted its Time limits stated in this Agreement are of the essence. Promptly upon establishing the Site Access Schedule to for each SGF with the Authority with its Task Order proposal. It is the Contractor’s responsibility to satisfactorily complete the entire Project within the time specified. The Applicable Local Unit, Contractor shall prosecute the Work so that the actual Work completed shall be not less than required by the approved Project Schedule. If the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved submit to Owner and Authority Construction Monitor an initial Project Schedule is less than the amount specified to be completed within for such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination for Convenience” herein. The Contractor shall commence performance of its obligations under this Contract no later than one week after the Notice to Proceed is delivered by the Authority. Contractor may, with the approval of the Authority, adjust the Project Schedule as the Work proceeds. Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, prior to the Final Completion Date, without additional compensation. It is understood and agreed that certain milestone dates SGF included in the Contractor's Project, which schedule will be relied upon by shall show the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance critical path ("Critical Path") of the Work and include anticipated dates for achievement of significant construction milestones, including the Contractor dates when construction shall begin on a day-to-day basis coordinate its Work the SGF and Mechanical Completion is expected to be achieved and the Guaranteed Substantial Completion Date for the SGF. The Project Schedule shall be consistent with the milestone dates set forth in Attachment VIII except to the satisfaction of extent that the Authority Applicable Local Unit, in establishing the Site Access Schedule with Contractor, imposes access restrictions beyond those contemplated in Attachment VII. If such unanticipated access restrictions could reasonably be expected to prevent compliance with the completion schedule contemplated in Attachment VIII unless Contractor expended additional amounts for overtime labor, additional equipment costs or other "work-arounds", then the milestone dates set forth in Attachment VIII (including the Guaranteed Substantial Completion Date) with respect to such SGF shall be revised by Change Order in accordance with the Work Day Schedule and the continuing operations provisions of ARTICLE 8 (without prejudice to Owner’s right to direct acceleration of the AuthorityWork in accordance with Section 5.3 in order to reduce or eliminate any extension of such dates). The After submission of the initial Project Schedule, Contractor shall plan prepare and coordinate its submit to Owner on a timely basis such progress schedules and progress reports and other reports relating to the Work under this Contract as Owner shall reasonably request (or as may be required by the Program Documents), which Owner shall provide to avoid conflicts with other users, lessees, licensees and patrons of the Facility. Contractor must coordinate its Work with the Authority, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time to time during the duration of this Contract. In such event the Authority shall notify the Contractor and the Contractor shall revise its Work activities without additional compensationConstruction Monitor upon request. Contractor shall not attend such meetings as Owner or Authority Construction Monitor may reasonably require (or as may be liable for damage or delay caused directly or indirectly by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemic, or any cause, beyond Contractor’s control, which Contractor, required by the exercise of due diligence Program Documents) to verify actual progress and care, would not reasonably have been expected to foresee or avoidpredict future progress.
Appears in 1 contract
Schedule. The Contractor submitted its Schedule Buyer shall prepare and deliver drafts of the definitive agreement to the Authority with its Task Order proposal. It is the Contractor’s responsibility to satisfactorily complete the entire Project within the time specifiedCompany as soon as reasonably practical. The Contractor Company shall prosecute obtain shareholder approval of the Work so that contemplated Purchase on or before August 28, 1997. The Closing of the actual Work completed Purchase shall be not less than required by the approved Project Scheduleoccur on or before August 29, 1997. If the rate of progress is such that Securities and Exchange Commission shall make written comments to the total amount of Work accomplished proxy materials submitted by the Contractor within Company relating to the meeting of shareholders called for the purpose of obtaining such approval and related amendments to the Company's articles of incorporation, and by reason of such comments the Company is delayed in releasing final proxy materials for a period in excess of ten business days, the date for shareholder approval shall be extended to September 12, 1997, and the date for the Closing of the Purchase shall be extended to September 13, 1997. Buyer shall have no obligation to continue negotiations with Company, to enter into any time mentioned in definitive agreement with Company, or to consummate the approved Project Schedule is less than the amount specified to be completed within such time, then the Authority may declare this Contract Purchase or any portion thereof of the other transactions contemplated herein unless Buyer, in default as provided its sole discretion, is satisfied with the results of all due diligence investigations that it deems necessary. The due diligence period shall begin immediately following the execution of this letter of intent and shall extend until July 15, 1997. At the end of the due diligence period Buyer will advise Company in Article XIwriting whether ▇▇▇▇▇ will proceed or terminate negotiations. Negotiation of a definitive agreement will occur simultaneously with the due diligence period. Upon execution of the definitive agreement, the Company will promptly file with the SEC and send to shareholders any notice required by Rule 14f-1 under the Securities Exchange Act of 1934 and, upon the expiration of any waiting period required by such rule and funding of the Bridge Loan, the Company's Board of Directors will be reconstituted with four representatives of Buyer and three continuing directors. Insiders will grant proxies to Buyer, and upon reconstitution of the Board Buyer will fund the bridge loan described in Section 2 “Termination for Convenience” 10 herein. The Contractor Buyer and the Company will split the cost of any filing fees required under the ▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Antitrust Improvements Act; provided that, the Company's half of any such fees shall commence performance of its obligations under this Contract no later than one week after be a reduction to the Notice to Proceed is delivered by the Authority. Contractor may, with the approval overall valuation of the Authority, adjust the Project Schedule as the Work proceeds. Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except Company for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, prior to the Final Completion Date, without additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance purposes of the Work and the Contractor shall on a day-to-day basis coordinate its Work to the satisfaction of the Authority in accordance with the Work Day Schedule and the continuing operations of the Authority. The Contractor shall plan and coordinate its Work under this Contract to avoid conflicts with other users, lessees, licensees and patrons of the Facility. Contractor must coordinate its Work with the Authority, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time to time during the duration of this Contract. In such event the Authority shall notify the Contractor and the Contractor shall revise its Work activities without additional compensation. Contractor shall not be liable for damage or delay caused directly or indirectly by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemic, or any cause, beyond Contractor’s control, which Contractor, by the exercise of due diligence and care, would not reasonably have been expected to foresee or avoidSection 1 above.
Appears in 1 contract
Sources: Acquisition Agreement (Cinemastar Luxury Theaters Inc)
Schedule. 3.2.1 The Contractor submitted its Project Schedule to the Authority with its Task Order proposal. It is the Contractor’s responsibility to satisfactorily complete the entire Project within the time specified. The Contractor shall prosecute the Work so that the actual Work completed shall be not less than updated and maintained throughout the Contract.
3.2.2 The Project Schedule shall be revised as required by conditions and progress of the approved Project Schedule. If Work, but such revisions shall not relieve the rate of progress is such that the total amount of Work accomplished by the Contractor within any time mentioned in the approved Project Schedule is less than the amount specified to be completed within such time, then the Authority may declare this Contract or any portion thereof in default as provided in Article XI, Section 2 “Termination for Convenience” herein. The Contractor shall commence performance CMAR of its obligations under this Contract no later than one week after the Notice to Proceed is delivered by the Authority. Contractor may, with the approval of the Authority, adjust the Project Schedule as the Work proceeds. Contractor and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the WorkWork within the Contract Time, including remedial work, if necessary, prior to the Final Completion Date, without additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift work, overtime work, additional forces and resources to achieve those milestone dates. The Contractor understands and agrees that the Facility will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance of the Work and the Contractor shall on a day-to-day basis coordinate its Work to the satisfaction of the Authority adjusted in accordance with the Work Day Schedule and Contract Documents. No modification to the continuing operations of Contract Documents or the AuthorityContract Time shall be effective unless approved in advance by the CITY. The Contractor shall plan and coordinate its Work under this Contract to avoid conflicts with other users, lessees, licensees and patrons of Critical Path for the Facility. Contractor must coordinate its Work with the Authority, the Authority's other contractors and subcontractors, if any, so no delays or interference will occur in the Authority's projects or operations. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements or otherwise affected by the construction requirements. The Authority may revise the Work Day Schedule from time to time during the duration of this Contract. In such event the Authority shall notify the Contractor and the Contractor shall revise its Work activities without additional compensation. Contractor Project shall not be liable for damage or delay caused directly or indirectly by embargoeschanged without the prior written approval of the CITY.
3.2.3 An updated Project Schedule shall be submitted monthly to the CITY as part of the Payment Application.
3.2.4 CMAR shall provide the CITY with a monthly status report with each Project Schedule detailing the progress of Work, strikesincluding:
a. if the Work is proceeding according to schedule,
b. any discrepancies, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemicconflicts, or any causeambiguities found to exist in the Contract Documents that require resolution, beyond Contractor’s controland
c. other information detailing items that require resolution so as not to jeopardize the ability to complete the Work in the Contract Time.
d. Submittal of the schedule to the CITY should in no way be construed as acceptance, which Contractor, affirmation or admission that the schedule is reasonable or workable by the exercise CMAR. The responsibility for completing the Work on the Project within the Contract Time remains the obligation of due diligence the CMAR. The CITY’s review shall not relieve the CMAR from compliance with the requirements of the Contract Documents or be construed as relieving the ▇▇▇▇ of its complete and careexclusive control over means, would methods, sequences and techniques for executing the Work.
3.2.5 During the Owner, Architect/Engineer and ▇▇▇▇ (OAC) Meetings, the CMAR shall also submit a two week look-ahead forecast schedule updated weekly. These schedules shall be presented as a subset of the overall schedule or in a format such as an Excel spreadsheet and shall depict the upcoming work tasks and associated durations by days. Special actions or tasks for certain subsets of the Work may be requested to be presented separately by the CITY and shall be furnished if so requested. The look- ahead schedule intent is to identify upcoming tasks, traffic control and/or public outreach needs, monitor anticipated progress, and allow the project team to discuss and coordinate project in accordance with the needs. These look-ahead forecast schedules shall be presented to the CITY in either electronic publishing (.pdf) or hardcopy format.
3.2.6 The CITY, Consultant and CMAR shall meet onsite every two (2) weeks to review the status of the Work, progress, payments and any issues impacting the performance and time of performance. In the event the CITY and Consultant determines that the Work is behind schedule or delayed, the CMAR shall propose an affirmative plan to correct the delay, including resequencing of the Work, overtime and/or additional labor, if necessary. In no event shall any determinations made during an OAC Meeting or representations in the OAC Meeting Minutes constitute an adjustment in the Contract Time, or the Contract Price unless any such adjustment is agreed to by the CITY and authorized pursuant to a properly executed written Change Order. CMAR shall keep proper records available for inspection by the CITY to substantiate actual activity, duration and completion dates.
3.2.7 CMAR shall review and assess all materials availability and delivery timeframes very early in the project and plan their activities for shop submittals, ordering and construction means and methods accordingly. If the CMAR discovers or encounters any potential schedule issues in this assessment process that will materially impact, restrict or prohibit work commencement and completion in accordance with the proposed contract dates noted, they shall promptly notify the CITY to discuss the issues and develop a mutually acceptable course of action.
▇. ▇▇▇▇, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall submit a materials and shop drawings schedule for the Consultant’s approval. The Consultant approval shall not reasonably have been expected be unreasonably delayed or withheld. The submittal schedule shall be:
i. Coordinated with the CMAR construction schedule
ii. Allow the Consultant reasonable time to foresee or avoid.review submittals
Appears in 1 contract
Schedule. 1) The Contractor submitted its Schedule Subcontractor shall start and complete the several parts and the whole of the work of this Subcontract as and when directed by the Contractor. The work shall start upon written notice by the Contractor, and shall proceed so as to not impede the Authority progress of the project.
2) The Subcontractor recognizes that time is of the essence and that all parties, including the inspectors and manufacturers must work cooperatively to accommodate and achieve the Schedule, without jeopardizing the integrity of the systems. The Subcontractor will coordinate with its Task Order proposal. It is other trades through the Contractor’s responsibility Project Superintendent to satisfactorily complete the entire Project within the time specified. The Contractor shall prosecute the Work so ensure that the actual Schedule is maintained. Adequate manpower must be provided on-site to ensure that the Schedule is maintained. If no Schedule is provided with this Subcontract, the Contractor’s schedule shall govern.
3) All Subcontract Work completed shall be not less than required by completed in a timely manner to ensure total compliance with the approved Project Schedule. If deadlines and milestone dates have been delayed as a result of action or inaction of the rate Subcontractor; shift and/or weekend work by the Subcontractor may be required in order to return the Schedule back to the originally identified dates. Shift and/or weekend work to meet the Schedule is included as part of progress this Subcontract.
4) The Subcontractor is such that to clearly note the total amount Schedule and time of Work accomplished year in which construction is taking place and will take all steps necessary to ensure the Schedule is met. No additional costs will be entertained by the Contractor within for any claims by the Subcontractor due to weather and ground conditions.
5) If the Subcontractor at any time mentioned fails to perform the work in accordance with this agreement, the approved Project Schedule is less than the amount specified to be completed within such time, then the Authority may declare this Contract or any portion subcontractor shall immediately upon notice thereof in default as provided in Article XI, Section 2 “Termination for Convenience” herein. The Contractor shall commence performance of its obligations under this Contract no later than one week after the Notice to Proceed is delivered by the Authority. Contractor maycontractor, with the approval of the Authority, adjust the Project Schedule as the Work proceeds. Contractor provide and its subcontractors shall furnish sufficient shift work and overtime as necessary to not exceed, nor permit its Subcontractors to exceed, the time limits established by this Project Schedule, as approved by the Authority, except pay for reasonable cause as determined by the Authority. The Contractor and its Subcontractors shall anticipate and furnish sufficient coordination, scheduling, supervision, labor, overtime labor and shift work to complete the Work, including remedial work, if necessary, prior to the Final Completion Date, without any such additional compensation. It is understood and agreed that certain milestone dates included in the Contractor's schedule will be relied upon by the Authority and the Contractor has included in the Guaranteed Maximum Price all costs for shift workforces, overtime work, and costs thereto as required to complete the work within the time established and/or pay for all additional forces costs incurred by the Contractor resulting from such delays.
6) Upon receipt of notification from the contractor of a failure to perform, the Subcontractor will take corrective measures within 48 hours. Failure of the Subcontractor to take and resources to achieve those milestone datesimplement any and all necessary corrective measures may result in the Contractor performing the work on the Subcontractor’s behalf, or termination of the contract, as the Contract deems necessary. The Contractor understands and agrees that the Facility costs of such work will remain occupied and in use in certain areas and at times as determined by the Authority and Metra throughout the performance of the Work and the Contractor shall on a day-to-day basis coordinate its Work be charged back to the satisfaction of the Authority in accordance with the Work Day Schedule and the continuing operations of the Authority. Subcontractor’s account plus a 10% administration fee.
7) The Contractor may also at its discretion, set off any such costs against any monies owing to the Subcontractor.
8) The subcontractor’s work shall plan and coordinate its Work under this Contract be deemed to avoid conflicts with other users, lessees, licensees and patrons of the Facility. Contractor must coordinate its Work with the Authority, the Authority's other contractors and subcontractors, if any, so no delays be substantially or interference will occur in the Authority's projects or operations. The Contractor shall cooperate with the Authority and other contractors in the coordination of construction requirements and with Metra, other public agencies, utilities, transportation entities and all other parties either involved in other infrastructure and other improvements or otherwise affected totally performed when approved by the construction requirements. The Authority may revise the Work Day Schedule from time to time during the duration of this Contract. In such event the Authority shall notify the Contractor and the Contractor shall revise its Work activities without additional compensation. Contractor shall not be liable for damage or delay caused directly or indirectly by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemic, or any cause, beyond Contractor’s control, which Contractor, certified by the exercise of due diligence and care, would not reasonably have been expected to foresee or avoidconsultant.
Appears in 1 contract
Sources: Subcontract Agreement