Common use of PROGRESS AND COMPLETION Clause in Contracts

PROGRESS AND COMPLETION. ‌ 8.2.1 Contractor agrees that the Contract Time is reasonable for performing the Work and that Contractor is able to perform the Work within the Contract Time. .1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing in this Paragraph or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City. .2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) for the entire duration of the Contract Time. The above costs are included in Contractor’s Bid notwithstanding Contractor's anticipation of completion in fewer days than established by the Contract Time. .3 No increase in the Contract Sum shall be made or granted for Delay if Contractor completes the Work before expiration of the Contract Time. .4 No reduction in the Contract Sum shall be made nor will Contractor be required to remain on the Project Site if the Work is completed before expiration of the Contract Time. .5 The Construction Manager will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor and/or Contractor's designee shall be present at each meeting. Contractor may also be required to request attendance by representatives of Contractor’s suppliers, manufacturers and Subcontractors. 8.2.2 Except by agreement or instruction of City in writing, Contractor shall not commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by Contractor. Contractor’s obligations to commence the Work and to complete the Work within the Contract Time shall not be changed by the effective date of such insurance. 8.2.3 Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. If City determines and notifies Contractor that Contractor’s progress is such that Contractor will not complete the Work within the Contract Time, Contractor shall, immediately and at no additional cost to City, take all measures necessary, including working such overtime and additional shifts (other than City’s normal working hours of 8:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Saturday), to ensure that the Work is Substantially Completed within the Contract Time. Upon receipt of such notice from City, Contractor shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to City. Contractor shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred as a result of an acceleration of the Work. City may also take all necessary measures to prevent the need for subsequent accelerations of the Work. Contractor shall reimburse City, or City may withhold from payment due to Contractor, sums expended by City to perform such measures.

PROGRESS AND COMPLETION. ‌ 8.2.1 Contractor agrees that the Contract Time is reasonable for performing the Work and that Contractor is able to perform the Work within the Contract Time. .1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing in this Paragraph or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City. .2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) for the entire duration of the Contract Time. The above costs are included in Contractor’s Bid notwithstanding Contractor's anticipation of completion in fewer days than established by the Contract Time. .3 No increase in the Contract Sum shall be made or granted for Delay if Contractor completes the Work before expiration of the Contract Time. .4 No reduction in the Contract Sum shall be made nor will Contractor be required to remain on the Project Site if the Work is completed before expiration of the Contract Time. .5 The Construction Manager will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor and/or Contractor's designee shall be present at each meeting. Contractor may also be required to request attendance by representatives of Contractor’s suppliers, manufacturers and Subcontractors. 8.2.2 Except by agreement or instruction of City in writing, Contractor shall not commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by Contractor. Contractor’s obligations to commence the Work and to complete the Work within the Contract Time shall not be changed by the effective date of such insurance. 8.2.3 Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Final Completion within the Contract Time. If City determines and notifies Contractor that Contractor’s progress is such that Contractor will not complete the Work within the Contract Time, Contractor shall, immediately and at no additional cost to City, take all measures necessary, including working such overtime and additional shifts (other than City’s normal working hours of 8:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Saturday), to ensure that the Work is Substantially Completed within the Contract Time. Upon receipt of such notice from City, Contractor shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to City. Contractor shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred as a result of an acceleration of the Work. City may also take all necessary measures to prevent the need for subsequent accelerations of the Work. Contractor shall reimburse City, or City may withhold from payment due to Contractor, sums expended by City to perform such measures.

PROGRESS AND COMPLETION. ‌ 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor agrees confirms that the Contract Time is a reasonable for period of performing the Work and that Contractor is able to perform the Work within the Contract Time. .1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing in this Paragraph or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City. .2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) for the entire duration of the Contract Time. The above costs are included in Contractor’s Bid notwithstanding Contractor's anticipation of completion in fewer days than established by the Contract Time. .3 No increase in the Contract Sum shall be made or granted for Delay if Contractor completes the Work before expiration of the Contract Time. .4 No reduction in the Contract Sum shall be made nor will Contractor be required to remain on the Project Site if the Work is completed before expiration of the Contract Time. .5 The Construction Manager will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor and/or Contractor's designee shall be present at each meeting. Contractor may also be required to request attendance by representatives of Contractor’s suppliers, manufacturers and SubcontractorsWork. 8.2.2 Except The Contractor shall not knowingly, except by agreement or instruction of City the Owner in writing, Contractor shall not prematurely commence operations on the Site site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. Contractor’s obligations to commence The date of commencement of the Work and to complete the Work within the Contract Time shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a Notice To Proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion completion within the Contract Timecontract time. 8.2.4 When the Contractor proposes to schedule work on Saturdays and Sundays or legal holidays, written notification shall be given to the Architect and Owner within forty-eight (48) hours prior to that date. 8.2.4.1 The Contractor shall furnish adequate forces, construction plant, and equipment, and shall work such hours, including night shifts, overtime operations, and Sunday and holiday work as may be necessary to insure the prosecution of the work in accordance with the approved Progress Schedule and updates. If City determines the Contractor falls behind progress required in the Progress Schedule, the Contractor shall take such steps as may be necessary to improve its programs, and notifies the Owner may require the Contractor that Contractor’s progress is such that Contractor will not complete to increase the Work within number of shifts and/or overtime operations, day of work and/or the Contract Timeamount of construction plant, Contractor shall, immediately and at no all without additional cost to City, take all measures necessary, including working such overtime and additional shifts (other than City’s normal working hours the Owner under this Contract. Failure of 8:00 AM the Contractor to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Saturday), to ensure that the Work is Substantially Completed within comply with this provision shall be grounds for termination of the Contract Timeby the Owner in accordance with Paragraph 14.2. Upon receipt of such notice Direction from City, Contractor shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to City. Contractor Architect or Owner under this provision shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred construed by the Contractor as a result of an acceleration of the Work. City may also take all necessary measures to prevent the need for subsequent accelerations of the Work. Contractor shall reimburse City, or City may withhold from payment due to Contractor, sums expended by City to perform such measuresacceleration.

PROGRESS AND COMPLETION. ‌ 8.2.1 Contractor agrees that the Contract Time is reasonable for performing the Work and that Contractor is able to perform the Work within the Contract Time. .1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing All time limits stated in this Paragraph or in any other provision of the Contract Documents are of the essence and all Work shall be construed as creating any contractual right, express or implied, on completed by the part Key Completion Times. The construction of Contractor to finish the Project earlier than shall be undertaken in accordance with the Contract Time and under no circumstances shall City be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City. .2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) for the entire duration of the Contract TimeCPM Schedule. The above costs are included in Contractor’s Bid notwithstanding Contractor's anticipation of completion in fewer days than established by Parties shall use the Contract Time. .3 No increase in CPM Schedule for planning and monitoring the Contract Sum shall be made or granted for Delay if Contractor completes the Work before expiration of the Contract Time. .4 No reduction in the Contract Sum shall be made nor will Contractor be required to remain on the Project Site if the Work is completed before expiration of the Contract Time. .5 The Construction Manager will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor and/or Contractor's designee shall be present at each meeting. Contractor may also be required to request attendance by representatives of Contractor’s suppliers, manufacturers and SubcontractorsWork. 8.2.2 Except Contractor shall carry the Work forward expeditiously with adequate forces. 8.2.3 Contractor shall be responsible to maintain daily records that will enable Contractor to accurately update the CPM Schedule as required in Section 8.2.4. 8.2.4 At the end of the first month following issuance of the baseline CPM Schedule and every month thereafter (or at such lesser intervals if deemed necessary by agreement or instruction of City in writingthe Contracting Officer), Contractor shall not commence operations on prepare an updated CPM Schedule showing the Site or elsewhere prior actual status of the Project as of the date of the updated CPM Schedule. The updated CPM Schedule shall be related to the effective date baseline CPM Schedule to facilitate identification of insurance required by Article 11 variances therefrom (activity descriptions shall not be redefined on such updated CPM Schedule). 8.2.5 Adjustments to be furnished by Contractor. Contractor’s obligations to commence the Work and to complete the Work within Key Completion Times or the Contract Time shall not be changed by the effective date of such insurancegranted except as expressly provided for in this Article 8. 8.2.3 8.2.6 In the event (i) Construction Change Directives or Change Orders are issued by Owner; or (ii) Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. If City determines and notifies Contractor that Contractor’s progress is such that Contractor will not complete the Work within the Contract Time, Contractor shall, immediately and at no additional cost becomes aware of any conditions which are likely to City, take all measures necessary, including working such overtime and additional shifts (other than City’s normal working hours of 8:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Saturday), to ensure that the Work is Substantially Completed within the Contract Time. Upon receipt of such notice from Citycause or are actually causing delays, Contractor shall immediately respond notify the Contracting Officer in writing setting of the effect, if any, within any specified time limits set forth a detailed plan for accelerating in the Work Contract Documents (and if no specific time limits are set forth, within ten (10) Days) and shall state in a manner acceptable to City. Contractor shall not be entitled what respects, if any, to any reimbursement Key Completion Times that should be revised with the reasons therefor. If Contractor fails to provide the Contracting Officer with written notice within the specified time that an adjustment to any Key Completion Time is necessary, then any claims by Contractor for an adjustment of any Key Completion Time or payment of costs, expenses or damages incurred as a result of an acceleration of the Work. City may also take all necessary measures to prevent the need for subsequent accelerations of the Work. Contractor Contract Time shall reimburse City, or City may withhold from payment due to Contractor, sums expended by City to perform such measuresbe waived.

PROGRESS AND COMPLETION. ‌ 8.2.1 Contractor agrees that the Contract Time is reasonable for performing the Work and that Contractor is able to perform the Work within the Contract Time. .1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing in this Paragraph or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City. .2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) for the entire duration of the Contract Time. The above costs are included in Contractor’s Bid notwithstanding Contractor's anticipation of completion in fewer days than established by the Contract Time. .3 No increase in the Contract Sum shall be made or granted for Delay if Contractor completes the Work before expiration of the Contract Time. .4 No reduction in the Contract Sum shall be made nor will Contractor be required to remain on the Project Site if the Work is completed before expiration of the Contract Time. .5 The Construction Manager will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor and/or Contractor's designee shall be present at each meeting. Contractor may also be required to request attendance by representatives of Contractor’s suppliers, manufacturers and Subcontractors. 8.2.2 Except by agreement or instruction of City in writing, Contractor shall not commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by Contractor. Contractor’s obligations to commence the Work and to complete the Work within the Contract Time shall not be changed by the effective date of such insurance. 8.2.3 Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Final Completion within the Contract Time. If City determines and notifies Contractor that Contractor’s progress is such that Contractor will not complete the Work within the Contract Time, Contractor shall, immediately and at no additional cost to City, take all measures necessary, including working such overtime and additional shifts (other than City’s normal working hours of 8:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Saturday), to ensure that the Work is Substantially Completed within the Contract Time. Upon receipt of such notice from City, Contractor shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to City. Contractor shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred as a result of an acceleration of the Work. City may also take all necessary measures to prevent the need for subsequent accelerations of the Work. Contractor shall reimburse City, or City may withhold from payment due to Contractor, sums expended by City to perform such measures.

PROGRESS AND COMPLETION. ‌ 8.2.1 By signing the Contract, Contractor agrees represents to District that the Contract Time is reasonable for performing the Work and that Contractor is able to perform the Work within the Contract Time. .1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing in this Paragraph provision or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City District be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of CityDistrict. .2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) and Special Provisions and Technical Specifications, including but not limited to all Project staff, temporary facilities, temporary utilities, and home office overhead for the entire duration of the Contract Time. The above costs are must be included in Contractor’s Bid notwithstanding Contractor's anticipation of completion in fewer days than established by the Contract Time. .3 No increase in the Contract Sum shall be made or granted for Compensable Delay if if, for any reason including but not limited to Delay caused by District, Contractor completes the Work before expiration of the Contract Time. .4 No reduction in the Contract Sum shall be made nor will Contractor be required to remain on the Project Site if the Work is completed before expiration of the Contract Time. .5 The Construction Manager will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor and/or Contractor's designee shall be present at each meeting. Contractor may also be required to request attendance by representatives of Contractor’s its suppliers, manufacturers and Subcontractors. 8.2.2 Except by agreement or instruction of City District in writing, Contractor shall not commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by Contractor. Contractor’s obligations to commence the Work and to complete the Work within the Contract Time shall not be changed by the effective date of such insurance. 8.2.3 Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. If City District determines and notifies Contractor that Contractor’s progress is such that Contractor will not complete the Work within the Contract Time, Contractor shall, immediately and at no additional cost to CityDistrict, take all measures necessary, including working such overtime and additional shifts (other than CityDistrict’s normal working hours of 8:00 7:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 5:00 PM on Saturday), to ensure that the Work is Substantially Completed within the Contract Time. Upon receipt of such notice from CityDistrict, Contractor shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to CityDistrict. Contractor shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred as a result of an acceleration of the WorkWork that is performed pursuant to this provision. City District may also take all necessary measures to prevent ensure no further Delays to the need for subsequent accelerations Substantial Completion of the WorkWork within the Contract Time. Contractor shall reimburse CityDistrict, or City District may withhold from payment due to Contractor, sums expended by City District to perform such measures.

PROGRESS AND COMPLETION. ‌ 8.2.1 Contractor agrees that the Contract Time is reasonable for performing the Work and that Contractor is able to perform the Work within the Contract Time. .1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing in this Paragraph or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City. .2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) for the entire duration of the Contract Time. The above costs are included in Contractor’s Bid notwithstanding Contractor's anticipation of completion in fewer days than established by the Contract Time. .3 No increase in the Contract Sum shall be made or granted for Delay if Contractor completes the Work before expiration of the Contract Time. .4 No reduction in the Contract Sum shall be made nor will Contractor be required to remain on the Project Site if the Work is completed before expiration of the Contract Time. .5 The Construction Manager will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor and/or Contractor's designee shall be present at each meeting. Contractor may also be required to request attendance by representatives of Contractor’s suppliers, manufacturers and Subcontractors. 8.2.2 Except by agreement or instruction of City in writing, Contractor shall not commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by Contractor. Contractor’s obligations to commence the Work and to complete the Work within the Contract Time shall not be changed by the effective date of such insurance. 8.2.3 Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. If City determines and notifies Contractor that Contractor’s progress is such that Contractor will not complete the Work within the Contract Time, Contractor shall, immediately and at no additional cost to City, take all measures necessary, including working such overtime and additional shifts (other than City’s normal working hours of 8:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Saturday), to ensure that the Work is Substantially Completed within the Contract Time. Upon receipt of such notice from City, Contractor shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to City. Contractor shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred as a result of an acceleration of the Work. City may also take all necessary measures to prevent the need for subsequent accelerations of the Work. Contractor shall reimburse City, or City may withhold from payment due to Contractor, sums expended by City to perform such measures.

PROGRESS AND COMPLETION. ‌ 8.2.1 Contractor agrees that the Contract Time is reasonable for performing the Work and that Contractor is able to perform the Work within the Contract Time. .1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing in this Paragraph or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City. .2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) for the entire duration of the Contract Time. The above costs are included in Contractor’s Bid notwithstanding Contractor's anticipation of completion in fewer days than established by the Contract Time. .3 No increase in the Contract Sum shall be made or granted for Delay if Contractor completes the Work before expiration of the Contract Time. .4 No reduction in the Contract Sum shall be made nor will Contractor be required to remain on the Project Site if the Work is completed before expiration of the Contract Time. .5 The Construction Manager will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor and/or Contractor's designee shall be present at each meeting. Contractor may also be required to request attendance by representatives of Contractor’s suppliers, manufacturers and Subcontractors. 8.2.2 Except by agreement or instruction of City in writing, Contractor shall not commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by Contractor. Contractor’s obligations to commence the Work and to complete the Work within the Contract Time shall not be changed by the effective date of such insurance.insurance.‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌ 8.2.3 Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. If City determines and notifies Contractor that Contractor’s progress is such that Contractor will not complete the Work within the Contract Time, Contractor shall, immediately and at no additional cost to City, take all measures necessary, including working such overtime and additional shifts (other than City’s normal working hours of 8:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Saturday), to ensure that the Work is Substantially Completed within the Contract Time. Upon receipt of such notice from City, Contractor shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to City. Contractor shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred as a result of an acceleration of the Work. City may also take all necessary measures to prevent the need for subsequent accelerations of the Work. Contractor shall reimburse City, or City may withhold from payment due to Contractor, sums expended by City to perform such measures.

PROGRESS AND COMPLETION. ‌ 8.2.1 Contractor agrees 7.2.1. ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THE CONTRACT. By executing the Agreement the Design-Builder confirms that the Contract Time is a reasonable period for performing the Work and that Contractor is able to perform Work. The Design- Builder shall proceed with the Work within the Contract Time. .1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided howeverwith due diligence, that the difference shall be deemed as float providing all labor, materials, equipment and nothing in this Paragraph or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City. .2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) for the entire duration of the Contract Time. The above costs are included in Contractor’s Bid notwithstanding Contractor's anticipation of completion in fewer days than established by the Contract Time. .3 No increase in the Contract Sum shall be made or granted for Delay if Contractor completes the Work before expiration of the Contract Time. .4 No reduction in the Contract Sum shall be made nor will Contractor be services required to remain on maintain the Project Site if the Work is completed before expiration of the Contract Time. .5 The Construction Manager will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor and/or Contractor's designee shall be present at each meeting. Contractor may also be required to request attendance by representatives of Contractor’s suppliersapproved schedule, manufacturers and Subcontractors. 8.2.2 Except by agreement or instruction of City in writing, Contractor shall not commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by Contractor. Contractor’s obligations to commence the Work and to complete the Work within in a timely manner. 7.2.2. The Design-Builder shall commence the Contract Time Work on the date established in the Agreement. The Owner shall not be changed required to provide access to the site until the date set forth in the notice to proceed, if any. Insurance required by Article 5 to be furnished by the Design-Builder shall be in effect prior to the date of commencement of the Work. Design-Builder shall not, in any event commence any Work before the effective date of such insurance. The failure to have insurance effective timely shall be a Design-Builder caused delay. In the event the Owner specifies a date of commencement later than the date set forth in the Contract Documents issued with the invitation to Bid, the Design-Builder shall be entitled to an extension of time, by means of a Change Order. 8.2.3 Contractor 7.2.3. The Design-Builder shall proceed carry the Work forward expeditiously with adequate forces and shall strictly adhere to the schedules approved by the Owner in accordance with these General Conditions and shall achieve Substantial Completion within the Contract Time. If City determines and notifies Contractor that Contractor’s progress is such that Contractor will not complete of the Work by the date established in the Agreement, as said date may be adjusted by Change Order or in accordance with these General Conditions. 7.2.4. In the event the Design- Builder falls behind schedule, through no fault of Owner, Design-Builder shall present, for the Owner's approval, within three (3) business days of written demand by the Contract TimeOwner, Contractor shall, immediately an action plan for making up lost time and at no additional cost to City, take all measures necessary, including working such overtime and additional shifts (other than City’s normal working hours of 8:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Saturday), to ensure that returning the Work is Substantially Completed within to the Contract Timeapproved schedule. Upon receipt Said plan shall require such additional forces, overtime labor, material and equipment and services necessary to make up lost time. All costs incurred or to be incurred pursuant to the action plan shall be the responsibility of such notice from City, Contractor shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to City. Contractor Design-Builder; provided however Design- Builder shall not be entitled to any reimbursement adjustment in the GMP or payment of costsContract Time for Work performed pursuant to an action plan. 7.2.5. In addition to other remedies provided elsewhere in the Contract Documents or available by law, if Design-Builder fails to submit an action plan as required by Subparagraph 7.2.4, Owner may develop such action plan and Design-Builder shall perform in accordance therewith. Further, at Owner's sole election, and in addition to and without limiting other remedies available, if Design-Builder fails to follow action plans approved by Owner or developed by Owner as provided for in this Paragraph 7.2, Owner may provide or cause the labor, materials, equipment and services to be provided by others, and all costs and expenses or damages incurred as a result of an acceleration of the Work. City may also take all necessary measures thereby shall be backcharged to prevent the need for subsequent accelerations of the Work. Contractor shall reimburse City, or City may withhold from payment due to Contractor, sums expended by City to perform such measuresDesign-Builder.

PROGRESS AND COMPLETION. ‌ 8.2.1 Contractor DBE agrees that the Contract Time is reasonable for performing the Work Design-Build Services and that Contractor DBE is able to perform the Work within the Contract TimeContractTime. .1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing in this Paragraph or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City.; .2 Contractor DBE has included in its Bid Proposal price the costs of all Contractor DBE and Subcontractor overhead (direct and indirect) for the entire duration of the Contract Time. The above costs are included in ContractorDBE’s Bid Proposal notwithstanding ContractorDBE's anticipation of completion in fewer days than established by the Contract Time. .3 No increase in the Contract Sum shall be made or granted for Delay if Contractor DBE completes the Work Design-Build Services before expiration of the Contract Time. .4 No reduction in the Contract Sum shall be made nor will Contractor DBE be required to remain on the Project Site if the Work Design-Build Services is completed before expiration of the Contract Time. .5 The Construction Manager will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor DBE and/or ContractorDBE's designee shall be present at each meeting. Contractor DBE may also be required to request attendance by representatives of ContractorDBE’s suppliers, manufacturers and Subcontractors. 8.2.2 Except by agreement or instruction of City in writing, Contractor DBE shall not commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by ContractorDBE. ContractorDBE’s obligations to commence the Work Design-Build Services and to complete the Work Design-Build Services within the Contract Time shall not be changed by the effective date of such insurance. 8.2.3 Contractor DBE shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. If City determines and notifies Contractor DBE that ContractorDBE’s progress is such that Contractor DBE will not complete the Work Design- Build Services within the Contract Time, Contractor DBE shall, immediately and at no additional cost to City, take all measures necessary, including working such overtime and additional shifts (other than City’s normal working hours of 8:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Saturday), to ensure that the Work is Substantially Completed within the Contract Time. Upon receipt of such notice from City, Contractor DBE shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to City. Contractor DBE shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred as a result of an acceleration of the Work. City may also take all necessary measures to prevent the need for subsequent accelerations of the Work. Contractor DBE shall reimburse City, or City may withhold from payment due to ContractorDBE, sums expended by City to perform such measures.

PROGRESS AND COMPLETION. ‌ § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor agrees confirms that the Contract Time is a reasonable period for performing the Work and that Work. § 8.2.1.1 If Contractor is able fails to perform achieve Substantial Completion of the Work within on or before the Contract Time. .1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing date(s) specified for Substantial Completion in this Paragraph or in any Contract and the other provision of the Contract Documents Documents, Contractor shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City be liable to Contractor for any costs, damages or compensation due pay to the inability of Contractor to complete Owner, as liquidated damages, the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City. .2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) for the entire duration of the Contract Time. The above costs are included in Contractor’s Bid notwithstanding Contractor's anticipation of completion in fewer days than established by the Contract Time. .3 No increase sum set out in the Contract Sum shall be made or granted between Owner and Contractor for Delay if Contractor completes each calendar day that Substantial Completion is delayed after the Work before expiration of the Contract Time. .4 No reduction date(s) specified for Substantial Completion. The total liquidated damage claim is determined by multiplying daily-liquidated damage amounts stated in the Contract Sum by the number of days late. A fraction of a day shall be made nor counted as a full day. It is hereby agreed that the actual damages which Owner will Contractor suffer by reason of late completion would be required difficult to remain on ascertain, and the Project Site if liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the Work is completed before expiration of the Contract Time. .5 The Construction Manager will schedule and hold weekly progress meetings and other meetings harm that would be caused by Contractor’s failure to be required by progress achieve Substantial Completion of the Work as determined by on or before the Construction Managerdate(s) specified for Substantial Completion, and not a penalty. Contractor and/or Contractor's designee Liquidated damages shall be present at each meeting. Contractor paid as they accrue and may also be required to request attendance by representatives of Contractor’s suppliers, manufacturers and Subcontractorsadjusted from any progress payment due. § 8.2.2 Except The Contractor shall not knowingly, except by agreement or instruction of City the Owner in writing, Contractor shall not prematurely commence operations on the Site site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by Contractorthe Contractor and Owner. Contractor’s obligations to commence The date of commencement of the Work and to complete the Work within the Contract Time shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents or a Notice to Proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days or other agreed period. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial and Final Completion within the Contract Time. If City determines and notifies . § 8.2.4 The Contractor that Contractor’s progress is such that Contractor will not complete subject to liquidated damages, as specified in the Work within the Contract TimeAgreement, Contractor shall, immediately and at no additional cost to City, take all measures necessary, including working such overtime and additional shifts (other than City’s normal working hours of 8:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Saturday), to ensure that if the Work is Substantially Completed within not substantially completed by the Contract Time. Upon receipt date of such notice from City, Contractor shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to City. Contractor shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred as a result of an acceleration of the Work. City may also take all necessary measures to prevent the need for subsequent accelerations of the Work. Contractor shall reimburse City, or City may withhold from payment due to Contractor, sums expended by City to perform such measuresSubstantial Completion.