Schedule and Delay. Completion The deadline for Substantial Completion of the Project is mid-2015. The entire Project must be opened to traffic on or before such deadline, and neither Segment F-1 nor F-2 may be open to traffic before Segment G is open to traffic. The Final Acceptance deadline is 120 days after Substantial Completion. Extensions of completion deadlines are allowed only under limited circumstances. (See Change Order section below.) Schedule Developer must perform the Work in accordance with an approved comprehensive critical path schedule. The baseline schedule will be the schedule submitted with the Proposal, and any changes must be approved by TxDOT as a condition to NTP2. The schedule will be updated monthly during the Project and used for payment, planning & monitoring progress of the Work. If Developer falls behind schedule, a recovery schedule to regain lost time is required or TxDOT may withhold payments. Delay Liquidated damages will be assessed for delays in meeting the deadlines for Substantial Completion and Final Acceptance. TxDOT will have the right to terminate the P3A if completion of the Project is delayed for more than a year. (See Liquidated Damages section below.)
Schedule and Delay. 11.01 NorthWestern may at any time, make an addition, deletion, or other revision to the Contract Documents with respect to the Equipment and Services if such change does not change the Contract Price or the Delivery Schedule, by issuing a Work Change Directive. Upon receipt of any such document, Seller shall promptly proceed with performance pursuant to the Work Change Directive, subject to Section 11.02.
11.02 If Seller reasonably concludes that a Work Change Directive issued by NorthWestern affects the Contract Price or the Delivery Schedule or any other obligation of Seller under this Contract, including the warranty or any Performance Guarantee, then Seller shall notify NorthWestern within fifteen (15) Days after Seller has received the Work Change Directive, and shall submit written supporting data to NorthWestern within forty-five (45) Days after such receipt with details relating to the cost to perform such additional Work which shall, at a minimum, include reasonable costs, overhead and expenses. If the cost of such additional Work as reasonably determined by Seller does not exceed $100,000, then, unless Seller reasonably believes that Seller’s performance of such Change is commercially impracticable or will adversely impact the Delivery Schedule, the warranty, or a Performance Guarantee (herein, an “Adverse Effect”), Seller shall, upon subsequent written direction by NorthWestern, perform such additional Work and the amount that the Contract Price should be adjusted shall either be documented in a written Change Order or, if the Parties do not agree to a Change Order, regarded as a Claim as provided in Article 12. If the cost of such additional Work as reasonably determined by Seller exceeds $100,000 or Seller reasonably believes that its performance of such additional Work would result in an Adverse Effect, Seller shall be under no obligation to perform such additional Work unless the Parties agree in writing in a Change Order upon the price, scope, and consequences of the additional Work.
11.03 Seller shall not suspend performance of the Work (other than the requested additional Work) while NorthWestern and Seller are in the process of making such changes and any related adjustments to Contract Price or the Delivery Schedule.
Schedule and Delay. Completion Deadlines The deadline for Substantial Completion of the Project will be set forth in the RFP. The Final Acceptance deadline is 120 days after Substantial Completion. Extensions of completion deadlines are allowed only under limited circumstances. (See Change Order section below.) Schedule Developer must perform the Work in accordance with an approved comprehensive critical path schedule. The baseline schedule will be the schedule submitted with the Proposal, and any changes must be approved by TxDOT as a condition to NTP2. The schedule will be updated monthly during the Project and used for payment, planning & monitoring progress of the Work. If Developer falls behind schedule, a recovery schedule to regain lost time is required or TxDOT may withhold payments. Delay Liquidated damages will be assessed for delays in meeting the deadlines for Substantial Completion and Final Acceptance. TxDOT will have the right to terminate the P3A if completion of the Project is delayed for more than a year. (See Liquidated Damages section below.)
Schedule and Delay
