Common use of Scheduling of Work Clause in Contracts

Scheduling of Work. Contractor shall perform scheduling of the Work activities by including the same in the Construction Schedule. Unless excused by Owner in writing, Contractor shall, within fifteen (15) days after execution of this Contract, provide Owner with a Construction Schedule in form acceptable to Owner that shows all required activity sequences, specifically including precedence relationships and durations for all activities in a critical path format acceptable to the Owner, for Owner’s approval, which coordinates and integrates the Contractor’s Work with the Work of all Contractor’s personnel, Subcontractors, sub-subcontractors and suppliers and the activities within the Construction Schedule for Owner and Owner’s separate contractors. In addition, the Construction Schedule shall: (a) Provide a graphic representation of all activities and events that will occur during performance of Work; (b) Identify each phase of construction and occupancy; (c) Set forth dates that are critical to ensuring the timely and orderly completion of the Work in accordance with approved milestones and the requirements of the Contract Documents; and (d) Provide regular monitoring, updating, and reissuing of the Construction Schedule as construction progresses, consistent with the Project Schedule. Updates and revisions to the Construction Schedule shall be made as reasonably required by Project Manager. Updates shall be prepared at least monthly to incorporate updated detailed scheduling for all activities of the Project, including, without limitation: (1) Commencement, milestone and completion dates for the phasing of construction activities; (2) Times of commencement and completion for each Subcontractor and supplier of equipment and material; (3) Required activity sequences and durations; (4) Subcontract activities for the Project, including bid preparation for the bid packages, bid dates, bid analysis, and award decision-making; (5) Sequences of Work including: review periods, activities to obtain building and other permits, and review and approval dates, completion dates, document review periods; (6) Defined listing of material and equipment items requiring long lead times to procure, including delivery dates and coordinating and expediting activities, as necessary to support the Construction Schedule. In addition, the Contractor shall identify potential and actual variances between scheduled and probable completion dates, review the Construction Schedule and Project Schedule for Work not started or incomplete and recommend to the Owner adjustments therein so the schedules conform with the scheduled completion dates and provide summary reports to Owner of each update to the Construction Schedule and document all changes in the Construction Schedule. Schedules shall incorporate activities of the Contractor’s personnel, Subcontractors and suppliers, as well as others affecting the progress of the Work, including, without limitation, activity sequences and durations, allocation of labor and materials, processing of shop drawings, data, and samples, delivery of long lead-time items. Schedules shall include Owner’s occupancy requirements and occupancy priorities; and (7) The Construction Schedule shall be updated at least monthly, or more frequently if required, to incorporate an updated, detailed listing for all activities of the Project. The Contractor shall submit a revised Construction Schedule to the Owner and the Architect/Engineer on the second Monday of each month. Failure to submit the Construction Schedule on time may be grounds for termination for default and shall result in an immediate meeting to discuss the Work schedule and Contractor’s submission of an updated Construction Schedule. Work identified as behind schedule shall be designated by the Contractor in the Construction Schedule as “Late Work.” Contractor shall submit to the Architect/Engineer and Owner a “Get-Well Plan” for all Late Work. Contractor’s Corrective Action Plan shall be submitted within three (3) calendar days of Notice to Contractor of a failure to maintain the schedule from the Architect/Engineer or Project Manager; or, in the event of no Notice from Architect/Engineer or Project Manager, Contractor’s Corrective Action Plan shall be submitted to Architect/Engineer and Owner promptly after Contractor is aware of a Delay impacting the progress of the Work. Contractor shall bring all Late Work current within 20 calendar days of such Notice, or, in the event of no Notice, within 20 days after Contractor knew, or reasonably should have known, of its failure to maintain the Construction Schedule. This provision shall in no way be construed as a waiver or limitation of the Owner’s rights to assess Liquidated Damages as set forth in Article 22.07 in the event Contractor fails to achieve Substantial Completion by the scheduled date of Substantial Completion.

Scheduling of Work. 4.1 For each Job Order, Owner will issue a Notice to Proceed or other notification document the Owner requires. The first day of performance under a Job Order shall be the effective date specified in the Notice to Proceed. Any preliminary work started or material ordered or purchased before receipt of the Notice to Proceed shall be at the risk and expense of Job Order Contractor. Job Order Contractor shall diligently perform scheduling the Work to completion within the time set forth in the Job Order. The period of performance includes allowance for mobilization, holidays, weekend days, normal inclement weather, and cleanup. Therefore, claims for delay based on these elements will not be allowed. When Job Order Contractor considers the Work complete and ready for its intended use, Job Order Contractor shall request Owner to inspect the Work to determine the status of completion. When Owner determines the Work to be substantially complete, Owner will issue a Certificate of Substantial Completion with a list of items to be completed or corrected prior to final payment for the Job Order. Job Order Contractor shall proceed promptly to complete and correct items on the list. 4.2 Job placement of materials and equipment shall be made with a minimum of interference to Owner operations and personnel. 4.3 Furniture and portable office equipment in the immediate work area will be moved by Job Order Contractor and replaced to its original location. If the furniture and portable office equipment cannot be replaced to its original location, Owner will designate new locations. If furniture and portable office equipment (or other items) must be moved and/or stored outside the immediate area, Owner will compensate Job Order Contractor for any such transportation and storage costs incurred. 4.4 Job Order Contractor shall take all precautions to ensure that no damage will result from its operations to private or public property. All damages shall be repaired or replaced by Job Order Contractor at no cost to Owner. 4.5 Job Order Contractor shall be responsible for providing all necessary traffic control, such as street blockages, traffic cones, flagmen, etc., as required for each Job Order. Proposed traffic control methods shall be submitted to Owner for approval. 4.6 Owner shall furnish to Job Order Contractor from existing Owner facilities and without cost to Job Order Contractor, a supply of water necessary for the performance of work under this Agreement. Owner will in no case furnish or install any required supply connections and piping for the purpose of implementing the availability of the Work activities water supply. It is the responsibility of Job Order Contractor to determine the extent to which existing Owner water supply source is adequate for the needs of the Contract. All taps, connections, and accessory equipment required in making the water supply source available will be accomplished by including and at the same expense of Job Order Contractor. All work in connection therewith shall be coordinated, scheduled, and performed as directed and approved by Owner. Said taps, connections, and accessory equipment shall be maintained by Job Order Contractor in a workmanlike manner in accordance with the Construction Schedulerules and regulations of the local authority. Unless excused Upon completion of this Agreement the removal of all taps, connections and accessories will be accomplished by and at the expense of Job Order Contractor so as to leave the water supply source and facility in its original condition. Such removal shall also be subject to the approval of Owner. 4.7 Owner in writingshall furnish to Job Order Contractor from existing Owner facilities and without cost to Job Order Contractor, electricity necessary for the performance of work under this Contract. It is the responsibility of Job Order Contractor shall, within fifteen (15) days after execution to determine the extent to which existing Owner electrical facilities are adequate for the needs of this Contract. All taps, provide Owner with a Construction Schedule connections, and necessary equipment required in form acceptable to Owner that shows all required activity sequencesmaking the electrical power available will be accomplished by and at the expense of Job Order Contractor. All work in connection therewith shall be coordinated, specifically including precedence relationships scheduled and durations for all activities performed as directed and approved by Owner. Said taps, connections, and accessory equipment shall be maintained by Job Order Contractor in a critical path format acceptable to the Owner, for Owner’s approval, which coordinates and integrates the Contractor’s Work with the Work of all Contractor’s personnel, Subcontractors, sub-subcontractors and suppliers and the activities within the Construction Schedule for Owner and Owner’s separate contractors. In addition, the Construction Schedule shall: (a) Provide a graphic representation of all activities and events that will occur during performance of Work; (b) Identify each phase of construction and occupancy; (c) Set forth dates that are critical to ensuring the timely and orderly completion of the Work workmanlike manner in accordance with the rules and regulations of the local authority. Upon completion of this Contract the removal of all taps, connections and accessories will be accomplished by and at the expense of Job Order Contractor so as to leave the electrical power source and facility in its original condition. Such removal shall also be subject to the approval of Owner. SPECIFICATIONS AND DRAWINGS: 4.8 Job Order Contractor’s duties under the Agreement include the preparation of shop drawings or sketches necessary to permit orderly construction of Owner’s design plans. 4.9 Job Order Contractor shall provide to Owner at the time of execution of the Job Order Contract and shall keep on the Work site a copy of the drawings and specifications and shall at all times give Owner access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of differences between drawings and specifications, the drawings shall govern. In case of discrepancy either in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to Owner, who shall promptly make a determination in writing within 14 days after submission. Any adjustment by Job Order Contractor without such a determination shall be at its own risk and expense and may be cause for immediate termination of the Job Order Contract. Owner shall furnish from time to time such detail drawings and other information as considered necessary, unless otherwise provided. 4.10 Wherever in the specifications or upon the drawings the words “directed,” “required,” “ordered,” “designated,” “prescribed,” or words of like import are used, it shall be understood that the “direction,” “requirement,” “order,” “designation,” or “prescription,” of Owner is intended; and similarly the words “approved,” “acceptable,” “satisfactory,” or words of like import shall mean “approved milestones by,” or “acceptable to,” or “satisfactory to” Owner, unless otherwise expressly stated. 4.11 Where “as shown,” “as indicated,” “as detailed,” or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying the Contract unless stated otherwise. The word “provided” as used herein shall be understood to mean “provide complete in place,” that is “furnished and installed.” 4.12 Shop drawings means drawings submitted to Owner by Job Order Contractor showing in detail: a. The proposed fabrication and assembly of structural elements, b. The installation (i.e., form, fit and attachment details) of materials or equipment, and c. The construction and detailing of elements of the Work. It includes sketches, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by Job Order Contractor to explain in detail specific portions of the Work. Owner may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under the Agreement. 4.13 Job Order Contractor shall use reasonable efforts to coordinate all shop drawings (to include plans, sketches, instructions, information, requirements, procedures, requests for action, and other data supplied to Contractor by Owner, or any other party, that Contractor uses for the Project), review and verify them for accuracy, completeness, and compliance with Contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to Owner without evidence of Job Order Contractor’s approval may be returned for resubmission. Owner will indicate its approval or disapproval of the shop drawings and if not approved as submitted shall indicate Owner's reasons therefore. Any work done before such approval shall be at Job Order Contractor’s risk. Approval by Owner shall not relieve Job Order Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of the Contract Documents; andContract, except with respect to variations described and approved in accordance with paragraph 4.6 below. (d) Provide regular monitoring4.14 If shop drawings show variations from the Job Order requirements, updating, and reissuing of the Construction Schedule as construction progresses, consistent with the Project Schedule. Updates and revisions to the Construction Schedule shall be made as reasonably required by Project Manager. Updates shall be prepared at least monthly to incorporate updated detailed scheduling for all activities of the Project, including, without limitation: (1) Commencement, milestone and completion dates for the phasing of construction activities; (2) Times of commencement and completion for each Subcontractor and supplier of equipment and material; (3) Required activity sequences and durations; (4) Subcontract activities for the Project, including bid preparation for the bid packages, bid dates, bid analysis, and award decision-making; (5) Sequences of Work including: review periods, activities to obtain building and other permits, and review and approval dates, completion dates, document review periods; (6) Defined listing of material and equipment items requiring long lead times to procure, including delivery dates and coordinating and expediting activities, as necessary to support the Construction Schedule. In addition, the Job Order Contractor shall identify potential and actual variances between scheduled and probable completion datesdescribe such variations in writing, review separate from the Construction Schedule and Project Schedule for Work not started or incomplete and recommend to the Owner adjustments therein so the schedules conform with the scheduled completion dates and provide summary reports to Owner of each update to the Construction Schedule and document all changes in the Construction Schedule. Schedules shall incorporate activities of the Contractor’s personnel, Subcontractors and suppliers, as well as others affecting the progress of the Work, including, without limitation, activity sequences and durations, allocation of labor and materials, processing of shop drawings, dataat the time of submission. If Owner approves any such variation, Owner shall issue an appropriate Contract modification, except that, if the variation is minor and samplesdoes not involve a change in price or in time of performance, delivery of long lead-time items. Schedules shall include Owner’s occupancy requirements and occupancy priorities; anda modification need not be issued. (7) The Construction Schedule shall be updated at least monthly, or more frequently if required, to incorporate an updated, detailed listing for all activities of the Project. The Contractor shall submit a revised Construction Schedule to the Owner and the Architect/Engineer on the second Monday of each month. Failure to submit the Construction Schedule on time may be grounds for termination for default and shall result in an immediate meeting to discuss the Work schedule and Contractor’s submission of an updated Construction Schedule. Work identified as behind schedule shall be designated by the Contractor in the Construction Schedule as “Late Work.” 4.15 Job Order Contractor shall submit to Owner for approval an appropriate number of copies of all shop drawings as called for under the Architect/Engineer various headings of these specifications. Sets of all shop drawings will be retained by Owner and Owner a “Getone set will be returned to Job Order Contractor. 4.16 Omissions from the drawings or specifications or the mis-Well Plan” for all Late Work. Contractor’s Corrective Action Plan description of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve Job Order Contractor from performing such omitted or mis-described details of the Work but they shall be submitted within three (3) calendar days of Notice to Contractor of a failure to maintain the schedule from the Architect/Engineer or Project Manager; or, performed as if fully and correctly set forth and described in the event drawings and specifications. 4.17 Job Order Contractor shall check all Owner furnished drawings immediately upon receipt and shall promptly notify Owner of no Notice from Architect/Engineer or Project Manager, Contractor’s Corrective Action Plan any discrepancies. Figures marked on drawings shall be submitted followed in preference to Architect/Engineer and Owner promptly after Contractor is aware of a Delay impacting the progress of the Workscale measurements. Large scale drawings shall govern small scale drawings. Job Order Contractor shall bring compare all Late drawings and verify the figures before laying out the Work current within 20 calendar days of such Notice, or, in the event of no Notice, within 20 days after Contractor knew, or reasonably should and will be responsible for any errors which might have known, of its failure to maintain the Construction Schedule. This provision shall in no way be construed as a waiver or limitation of the Owner’s rights to assess Liquidated Damages as set forth in Article 22.07 in the event Contractor fails to achieve Substantial Completion by the scheduled date of Substantial Completionbeen avoided thereby.

Scheduling of Work. A. The Contractor shall perform scheduling of the Work activities by including the same in the Construction Schedule. Unless excused by Owner in writing, Contractor shall, within fifteen (15) days after execution of this Contract, provide Owner with a Construction Schedule in form acceptable to Owner that shows all required activity sequences, specifically including precedence relationships and durations for all activities in a critical path format acceptable will adhere to the Ownerfacilities, for Owner’s approval, which coordinates and integrates the Contractor’s Work with the Work of all Contractor’s personnel, Subcontractors, sub-subcontractors and suppliers and the activities within the Construction Schedule for Owner and Owner’s separate contractors. In addition, the Construction Schedule shall: (a) Provide a graphic representation of all activities and events that will occur during performance of Work; (b) Identify each phase of construction and occupancy; (c) Set forth dates that are critical to ensuring the timely and orderly completion of the Work in accordance with approved milestones and the requirements of the Contract Documents; and (d) Provide regular monitoring, updating, and reissuing of the Construction Schedule as construction progresses, consistent with the Project Schedule. Updates and revisions to the Construction Schedule shall be made as reasonably required by Project Manager. Updates shall be prepared at least monthly to incorporate updated detailed scheduling for all activities of the Project, including, without limitation: (1) Commencement, milestone and completion dates for the phasing of construction activities; (2) Times of commencement and completion for each Subcontractor and supplier of equipment and material; (3) Required activity sequences monthly and durations; (4) Subcontract activities for the Project, including bid preparation for the bid packages, bid dates, bid analysis, and award decision-making; (5) Sequences of Work including: review periods, activities to obtain building and other permits, and review and approval dates, completion dates, document review periods; (6) Defined listing of material and equipment items requiring long lead times to procure, including delivery dates and coordinating and expediting activities, annual work schedules submitted as necessary to support the Construction Schedule. In addition, the Contractor shall identify potential and actual variances between scheduled and probable completion dates, review the Construction Schedule and Project Schedule for Work not started or incomplete and recommend to the Owner adjustments therein so the schedules conform with the scheduled completion dates and provide summary reports to Owner of each update to the Construction Schedule and document all changes in the Construction Schedule. Schedules shall incorporate activities a part of the Contractor’s personnelproposal, Subcontractors and suppliersincorporated herein by this reference. These schedules, and any approved revisions thereto, will be used by the City as a basis for determining Contractor’s satisfactory performance. B. Revisions to facilities, equipment, or monthly and annual work schedules may not be implemented without the prior written approval of the Director. The Contractor is required to submit proposed revisions regarding facilities, equipment or monthly and annual work schedules in writing to the City at the address as set forth in the Agreement at least ten (10) working days prior to commencing work per the proposed revisions. C. The above provisions shall not be construed to eliminate the Contractor's responsibility for complying with the requirement to notify the Director for Specialty type maintenance as set forth immediately hereinafter. D. The Contractor shall notify the Director in writing at least five (5) working days prior to the date and time of all "Specialty" type maintenance operations. Specialty type maintenance operations includes, but is not limited to: 1. Fertilization; 2. Turf Aeration; 3. Application of pesticides by any method; 4. Other operations so designated by the Director. Notification of "Specialty" maintenance operations shall include a brief description of intended method(s) of execution, materials to be used, and the dates for commencement and completion of said operations. E. When inclement weather renders performance per the approved schedule unsafe, impractical, or liable to damage landscaping, the Contractor is required to adjust his work force to accomplish those work items not affected by weather, and will contact the City field staff to inform them of said alternate work assignments. F. For the purposes of this agreement, “Working Days” are Mondays through Fridays, excluding holidays as provided herein. The hours of on-site maintenance service will be from 7:00 a.m. to 4:00 p.m., not including mobilization to or from work site, on those days maintenance is to be provided pursuant to the work schedule as approved by the Director. Any work the Contractor proposes to perform outside of the days and hours set forth hereinabove, as well as others affecting on legal City holidays, shall not be undertaken without the progress prior written approval of the Work, including, without limitation, activity sequences and durations, allocation of labor and materials, processing of shop drawings, data, and samples, delivery of long lead-time items. Schedules shall include Owner’s occupancy requirements and occupancy priorities; and (7) The Construction Schedule shall be updated at least monthly, or more frequently if required, to incorporate an updated, detailed listing for all activities of the ProjectDirector. The Contractor shall submit a revised Construction Schedule to the Owner and the Architect/Engineer on the second Monday of each month. Failure to submit the Construction Schedule on time may be grounds for termination for default and shall result in an immediate meeting to discuss the Work schedule and Contractorfollowing days have been designated as City holidays: New Year’s submission of an updated Construction Schedule. Work identified as behind schedule shall be designated by the Contractor in the Construction Schedule as “Late Work.” Contractor shall submit to the Architect/Engineer and Owner a “Get-Well Plan” for all Late Work. Contractor’s Corrective Action Plan shall be submitted within three (3) calendar days of Notice to Contractor of a failure to maintain the schedule from the Architect/Engineer or Project Manager; or, in the event of no Notice from Architect/Engineer or Project Manager, Contractor’s Corrective Action Plan shall be submitted to Architect/Engineer and Owner promptly after Contractor is aware of a Delay impacting the progress of the Work. Contractor shall bring all Late Work current within 20 calendar days of such Notice, or, in the event of no Notice, within 20 days after Contractor knew, or reasonably should have known, of its failure to maintain the Construction Schedule. This provision shall in no way be construed as a waiver or limitation of the Owner’s rights to assess Liquidated Damages as set forth in Article 22.07 in the event Contractor fails to achieve Substantial Completion by the scheduled date of Substantial Completion.Day January 1