Common use of SCHEDULE AND COORDINATION Clause in Contracts

SCHEDULE AND COORDINATION. 2.5.16.1 The CM@Risk shall schedule and coordinate the Work of all of its Subcontractors on the Project including their use of the Site. The CM@Risk shall keep the Subcontractors informed of the Project CPM Schedule to enable the Subcontractors to plan and perform their Work properly. 2.5.16.2 At the time of the submission of the GMP, the CM@Risk shall submit to the Design Professional a detailed CPM Schedule for the Work, which shall provide for the expeditious and practicable execution of the Work. The CPM Schedule shall be consistent with and build upon any previous schedules issued during the Pre-Construction Phase. The CPM Schedule is not to exceed time limits current under the Contract Documents and shall be related to the Work to the extent required by the Contract Documents. 2.5.16.3 The CPM Schedule required for the performance of the Work shall include reasonable detail including a time scaled network and computer printout in accordance with the following requirements: a) no activity shall be longer than twenty-one (21) calendar days (i.e. task line item duration in the CPM Schedule) in length except fabrication and delivery activities; b) each activity must be logically tied to another activity to show its interdependency with other activities; c) installation activities must be logically tied to submittal/approval, fabrication and delivery; d) only a single critical path shall be allowed; and e) all activities on the schedule must be clearly designated. 2.5.16.4 The CM@Risk shall prepare and keep current, for the Design Professional’s approval, a timetable for submittals that is coordinated with the CM@Risk’s CPM Schedule for the Work and that allows the Design Professional the specified time to review submittals. 2.5.16.5 The CPM Schedule shall be revised monthly by the CM@Risk to reflect actual conditions in the field and be transmitted monthly to Owner and Design Professional with a Narrative Report including a description of current and anticipated problem areas, delaying factors and their impact and corrective action taken or proposed. This update is to be submitted with each Application for Progress Payment. Owner’s review of the CPM Schedule update shall not be construed as relieving CM@Risk of its complete and exclusive control over the means, methods, sequences, and techniques of construction. The CM@Risk understands and agrees that the monthly updated CPM Schedule will be the basis for the analysis and granting or rejection of time extensions in accordance with Section 9 of these General Conditions. 2.5.16.6 In addition to the monthly CPM Schedule update, the CM@Risk’s schedule shall also be revised at appropriate intervals as required by the conditions of the Work or as directed by the Owner or Design Professional with a printed and electronic copy of the revision submitted to the Owner and Design Professional in a format acceptable to the Owner. 2.5.16.7 The CM@Risk shall perform the Work at all times during the Construction Phase in accordance with the most recent Owner-approved schedule and consistent with the established Contract Time. 2.5.16.8 It is agreed by the Parties that if the CM@Risk submits an original or updated CPM Schedule which shows that the Project and/or individual milestone(s) for the Project will be completed earlier than required by the adjusted contractual completion date(s), the differences between the forecasted early completion and the required completion shall be considered Project- owned Total Float available for use by both the Owner and the CM@Risk. 2.5.16.9 It is also agreed by the Parties that since Total Float time within the CPM Schedule is jointly owned, no time extensions will be granted nor delay damages paid by Owner until a critical path activity delay occurs which extends the Work beyond the adjusted contractual completion date. Since float time within the CPM Schedule is jointly owned, it is acknowledged and agreed by CM@Risk that Owner-caused delays on the Project may be offset by Owner-caused time savings which result in a critical path activity savings of time to the CM@Risk. In such an event, the CM@Risk shall not be entitled to receive a time extension or delay damages until all Owner- caused time savings are exhausted and the applicable contractual completion date or milestone date is also exceeded. 2.5.16.10 It is also agreed that no time extensions shall be granted nor delay damages paid unless the delay is clearly demonstrated by the updated CPM Schedule and the current and supporting narrative as of the month the change was issued or occurred, or the delay took place, and which delay cannot be mitigated, offset, or eliminated through actions such as revising the intended sequence of Work or other reasonable or industry recognized means of mitigating schedule slippage. 2.5.16.11 Should the CPM Schedule show the CM@Risk to be thirty (30) days or more behind schedule for the Work as a whole, at any time during construction, CM@Risk shall, upon Owner’s request, prepare a “Recovery Schedule” and report to explain and display how CM@Risk intends to regain compliance with the CPM Schedule as soon as practicable. 2.5.16.12 If Owner reasonably determines that the performance of the Work is behind Schedule such that the CM@Risk will be unable to achieve Substantial Completion of the Work prior to expiration of the Contract Time, the Owner shall have the right, but no obligation, to order the CM@Risk to take corrective measures necessary to expedite the progress of construction, including, without limitation, (i) working additional shifts or overtime, (ii) supplying additional manpower, equipment. and facilities and (iii) other similar measures (collectively “Extraordinary Measures”). The determination of whether the progress of the Work is behind schedule shall take into account any extensions in time to which the CM@Risk is entitled. Owner is hereby permitted to continue use of Extraordinary Measures until the progress of the Work complies with the stage of completion required by the Contract Documents. The Owner’s right to require Extraordinary Measures is solely for the purpose of ensuring the CM@Risk’s compliance with the Schedule. In no event shall the Owner have control over, charge of, or any responsibility for construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the Work, notwithstanding the rights and authority granted in this Subsection 2.5.16.12 or elsewhere in the Contract Documents. CM@Risk shall not be entitled to adjustment in the GMP in connection with Extraordinary Measures required by the Owner under or pursuant to this Subsection. Owner may exercise its rights under or pursuant to this Subsection as frequently as necessary to ensure that the CM@Risk’s performance of the Work will comply with the CPM Schedule and the Contract Documents. The cost of Extraordinary Measures will be included in the Cost of the Work.

Appears in 3 contracts

Samples: Construction Manager at Risk Agreement, Construction Manager at Risk Agreement, Construction Manager at Risk Agreement

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SCHEDULE AND COORDINATION. 2.5.16.1 The CM@Risk shall schedule and coordinate the Work of all of its Subcontractors on the Project including their use of the Site. The CM@Risk shall keep the Subcontractors informed of the Project CPM Schedule to enable the Subcontractors to plan and perform their Work properly. 2.5.16.2 At the time of the submission of the GMP, the CM@Risk shall submit to the Design Professional a detailed CPM Schedule for the Work, which shall provide for the expeditious and practicable execution of the Work. The CPM Schedule shall be consistent with and build upon any previous schedules issued during the Pre-Construction Phase. The CPM Schedule is not to exceed time limits current under the Contract Documents and shall be related to the Work to the extent required by the Contract Documents. 2.5.16.3 The CPM Schedule required for the performance of the Work shall include reasonable detail including a time scaled network and computer printout in accordance with the following requirements: a) no activity shall be longer than twenty-one (21) calendar days (i.e. task line item duration in the CPM Schedule) in length except fabrication and delivery activities; b) each activity must be logically tied to another activity to show its interdependency with other activities; c) installation activities must be logically tied to submittal/approval, fabrication and delivery; d) only a single critical path shall be allowed; and e) all activities on the schedule must be clearly designated. 2.5.16.4 The CM@Risk shall prepare and keep current, for the Design Professional’s approval, a timetable for submittals that which is coordinated with the CM@Risk’s CPM Schedule for the Work and that allows the Design Professional the specified time to review submittals. 2.5.16.5 The CPM Schedule shall be revised monthly by the CM@Risk to reflect actual conditions in the field and be transmitted monthly to Owner and Design Professional with a copy and a Narrative Report including a description of current and anticipated problem areas, delaying factors and their impact and corrective action taken or proposed. This update is to be submitted with each Application for Progress Payment. Owner’s review of the CPM Schedule update shall not be construed as relieving CM@Risk of its complete and exclusive control over the means, methods, sequences, and techniques of construction. The CM@Risk understands and agrees that the monthly updated CPM Schedule will be the basis for the analysis and granting or rejection of time extensions in accordance with Section 9 of these General Conditions. 2.5.16.6 In addition to the monthly CPM Schedule update, the CM@Risk’s schedule shall also be revised at appropriate intervals as required by the conditions of the Work or as directed by the Owner or Design Professional with a printed and electronic copy of the revision submitted to the Owner and Design Professional in a format acceptable to the Owner. 2.5.16.7 The CM@Risk shall perform the Work at all times during the Construction Phase in accordance with within the identified times of the most recent Owner-approved schedule and consistent with the established Contract Time. 2.5.16.8 It is agreed by the Parties CM@Risk and Owner that if the CM@Risk submits an original or updated CPM Schedule schedule which shows that the Project and/or individual milestone(sMilestone(s) for the Project will be completed completing earlier than required by the adjusted contractual completion date(s), the differences between the forecasted early completion and the required completion shall be considered Project- owned Total Float available for use by both the Owner and the CM@Risk. 2.5.16.9 It is also agreed by the Parties CM@Risk and Owner that since Total Float time within the CPM Schedule is jointly owned, no time extensions will be granted nor delay damages paid by Owner until a critical path activity delay occurs which extends the Work beyond the adjusted contractual completion date. Since float time within the CPM Schedule is jointly owned, it is acknowledged and agreed by CM@Risk that Owner-caused delays on the Project may be offset by Owner-caused time savings which result in a critical path activity savings of time to the CM@Risk. In such an event, the CM@Risk shall not be entitled to receive a time extension or delay damages until all Owner- Owner-caused time savings are exhausted and the applicable contractual completion date or milestone date is also exceeded. 2.5.16.10 It is also agreed that no time extensions shall be granted nor delay damages paid unless the delay is clearly demonstrated by the updated CPM Schedule and the current and supporting narrative as of the month the change was issued or occurred, or the delay took place, and which delay cannot be mitigated, offset, or eliminated through such actions such as revising the intended sequence of Work or other reasonable or industry recognized means of mitigating schedule slippage. 2.5.16.11 Should the CPM Schedule show the CM@Risk to be thirty (30) days or more behind schedule for the Work as a whole, at any time during construction, CM@Risk shall, upon Owner’s request, prepare a “Recovery Schedule” and report to explain and display how CM@Risk intends to regain compliance with the CPM Schedule as soon as practicable. 2.5.16.12 If Owner reasonably determines that the performance of the Work is behind Schedule such that the CM@Risk will be unable to achieve Substantial Completion of the Work prior to expiration of the Contract Time, the Owner shall have the right, but no obligation, to order the CM@Risk to take corrective measures necessary to expedite the progress of construction, including, without limitation, (i) working additional shifts or overtime, (ii) supplying additional manpower, equipment. and facilities and (iii) other similar measures (collectively “Extraordinary Measures”). The determination of whether the progress of the Work is behind schedule shall take into account any extensions in time to which the CM@Risk is entitled. Owner is hereby permitted to continue use of Extraordinary Measures until the progress of the Work complies with the stage of completion required by the Contract Documents. The Owner’s right to require Extraordinary Measures is solely for the purpose of ensuring the CM@Risk’s compliance with the Schedule. In no event shall the Owner have control over, charge of, or any responsibility for construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the Work, notwithstanding the rights and authority granted in this Subsection 2.5.16.12 or elsewhere in the Contract Documents. CM@Risk shall not be entitled to adjustment in the GMP in connection with Extraordinary Measures required by the Owner under or pursuant to this Subsection. Owner may exercise its rights under or pursuant to this Subsection as frequently as necessary to ensure that the CM@Risk’s performance of the Work will comply with the CPM Schedule and the Contract Documents. The cost of Extraordinary Measures will be included in the Cost of the Work.

Appears in 2 contracts

Samples: Construction Manager at Risk Agreement, Construction Manager at Risk Agreement (Cm@risk)

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SCHEDULE AND COORDINATION. 2.5.16.1 The CM@Risk shall schedule and coordinate the Work of all of its Subcontractors on the Project including their use of the Site. The CM@Risk shall keep the Subcontractors informed of the Project CPM Schedule to enable the Subcontractors to plan and perform their Work properly. 2.5.16.2 At the time of the submission of the GMP, the CM@Risk shall submit to the Design Professional a detailed CPM Schedule for the Work, which shall provide for the expeditious and practicable execution of the Work. The CPM Schedule shall be consistent with and build upon any previous schedules issued during the Pre-Construction Phase. The CPM Schedule is not to exceed time limits current under the Contract Documents and shall be related to the Work to the extent required by the Contract Documents. 2.5.16.3 The CPM Schedule required for the performance of the Work shall include reasonable detail including a time scaled network and computer printout in accordance with the following requirements: a) no activity shall be longer than twenty-one (21) calendar days (i.e. task line item duration in the CPM Schedule) in length except fabrication and delivery activities; b) each activity must be logically tied to another activity to show its interdependency with other activities; c) installation activities must be logically tied to submittal/approval, fabrication and delivery; d) only a single critical path shall be allowed; and e) all activities on the schedule must be clearly designated. 2.5.16.4 The CM@Risk shall prepare and keep current, for the Design Professional’s approval, a timetable for submittals that is coordinated with the CM@Risk’s CPM Schedule for the Work and that allows the Design Professional the specified time to review submittals. 2.5.16.5 The CPM Schedule shall be revised monthly by the CM@Risk to reflect actual conditions in the field and be transmitted monthly to Owner and Design Professional with a Narrative Report including a description of current and anticipated problem areas, delaying factors and their impact and corrective action taken or proposed. This update is to be submitted with each Application for Progress Payment. Owner’s review of the CPM Schedule update shall not be construed as relieving CM@Risk of its complete and exclusive control over the means, methods, sequences, and techniques of construction. The CM@Risk understands and agrees that the monthly updated CPM Schedule will be the basis for the analysis and granting or rejection of time extensions in accordance with Section 9 of these General Conditions. 2.5.16.6 In addition to the monthly CPM Schedule update, the CM@Risk’s schedule shall also be revised at appropriate intervals as required by the conditions of the Work or as directed by the Owner or Design Professional with a printed and electronic copy of the revision submitted to the Owner and Design Professional in a format acceptable to the Owner. 2.5.16.7 The CM@Risk shall perform the Work at all times during the Construction Phase in accordance with the most recent Owner-approved schedule and consistent with the established Contract Time. 2.5.16.8 It is agreed by the Parties that if the CM@Risk submits an original or updated CPM Schedule which shows that the Project and/or individual milestone(s) for the Project will be completed earlier than required by the adjusted contractual completion date(s), the differences between the forecasted early completion and the required completion shall be considered Project- owned Total Float available for use by both the Owner and the CM@Risk. 2.5.16.9 It is also agreed by the Parties that since Total Float time within the CPM Schedule is jointly owned, no time extensions will be granted nor delay damages paid by Owner until a critical path activity delay occurs which extends the Work beyond the adjusted contractual completion date. Since float time within the CPM Schedule is jointly owned, it is acknowledged and agreed by CM@Risk that Owner-caused delays on the Project may be offset by Owner-Owner- caused time savings which result in a critical path activity savings of time to the CM@Risk. In such an event, the CM@Risk shall not be entitled to receive a time extension or delay damages until all Owner- Owner-caused time savings are exhausted and the applicable contractual completion date or milestone date is also exceeded. 2.5.16.10 It is also agreed that no time extensions shall be granted nor delay damages paid unless the delay is clearly demonstrated by the updated CPM Schedule and the current and supporting narrative as of the month the change was issued or occurred, or the delay took place, and which delay cannot be mitigated, offset, or eliminated through actions such as revising the intended sequence of Work or other reasonable or industry recognized means of mitigating schedule slippage. 2.5.16.11 Should the CPM Schedule show the CM@Risk to be thirty (30) days or more behind schedule for the Work as a whole, at any time during construction, CM@Risk shall, upon Owner’s request, prepare a “Recovery Schedule” and report to explain and display how CM@Risk intends to regain compliance with the CPM Schedule as soon as practicable. 2.5.16.12 If Owner reasonably determines that the performance of the Work is behind Schedule such that the CM@Risk will be unable to achieve Substantial Completion of the Work prior to expiration of the Contract Time, the Owner shall have the right, but no obligation, to order the CM@Risk to take corrective measures necessary to expedite the progress of construction, including, without limitation, (i) working additional shifts or overtime, (ii) supplying additional manpower, equipment. and facilities and (iii) other similar measures (collectively “Extraordinary Measures”). The determination of whether the progress of the Work is behind schedule shall take into account any extensions in time to which the CM@Risk is entitled. Owner is hereby permitted to continue use of Extraordinary Measures until the progress of the Work complies with the stage of completion required by the Contract Documents. The Owner’s right to require Extraordinary Measures is solely for the purpose of ensuring the CM@Risk’s compliance with the Schedule. In no event shall the Owner have control over, charge of, or any responsibility for construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the Work, notwithstanding the rights and authority granted in this Subsection 2.5.16.12 or elsewhere in the Contract Documents. CM@Risk shall not be entitled to adjustment in the GMP in connection with Extraordinary Measures required by the Owner under or pursuant to this Subsection. Owner may exercise its rights under or pursuant to this Subsection as frequently as necessary to ensure that the CM@Risk’s performance of the Work will comply with the CPM Schedule and the Contract Documents. The cost of Extraordinary Measures will be included in the Cost of the Work.

Appears in 1 contract

Samples: Construction Manager at Risk Agreement

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