Common use of WORK PERFORMANCE SCHEDULE Clause in Contracts

WORK PERFORMANCE SCHEDULE. It is understood that time is of the essence of this Agreement, and Contractor is bound by all of the time limits imposed by virtue of this Agreement. Before commencing services, the Contractor shall have prepared and submitted to Hastings for approval a Preliminary Contract Plan and Schedule for performing the Work in the form and within the time limit required by the Specifications. The College Representative(s) will review the Preliminary Contract Schedule with Contractor within the time limit required by the Specifications and in closed coordination with Hastings Representative(s), its consultant, other contractors or subcontractors to obtain the project milestones for completion and updates thereto, which Hastings can provide. In addition to the Preliminary Contract Plan and Schedule, Contractor shall submit a final contract Project Schedules and any updates or revisions to contract Project Schedules to the Hastings Representative(s), who will determine the acceptability of the contract Project Schedules and any such updates in the form and within the time limits required by the Specifications. Contractor shall perform and keep current, to the satisfaction of Hastings, a schedule of submittals that is in a form acceptable to Hastings and is made a part of this Agreement, as required by the Specifications. The Preliminary Contract Plan and Schedule, the Contract Plan and Schedule, and the Updated Contract Plan and Schedule shall meet the following requirements: 1. Must be suitable for monitoring progress of the Work. 2. Must provide necessary data about the timing for Hastings decisions and Hastings furnished items. 3. Must be in sufficient detail to demonstrate adequate planning for the Work. 4. Must represent a practical plan to complete the Work within the Contract Time. All materials, equipment, licenses, labor and professional services of any kind necessary for the performance of the Work shall be ordered upon full written acceptance and approval under this Agreement. If Hastings so requests, the Contractor shall submit to Hastings in written form verification that such lead items have been ordered. Contractor shall not be entitled to an extension of time within which to complete the Work if any delay is caused by Contractor’s failure to order materials sufficiently. Hastings review of the form and general content of the Preliminary Contract Plan and Schedule, the Contract Plan and Schedule, and the Updated Contract Plan and Schedule is for the purpose of determining if the above-listed requirements have been satisfied. Contractor shall plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of the Work activities conform to the current accepted Contract Plan and Schedule. Contractor shall continuously obtain from its subcontractors information and data about the planning for and progress of the Work and the delivery of equipment, shall coordinate and integrate such information and data into updated Contract Plan and Schedules, and shall monitor the progress of the Work and the delivery of equipment. Contractor shall act as the expeditor of potential and actual delays, interruptions, hindrances, or disruptions for its own forces and those forces of subcontractors, regardless of tier. Contractor shall cooperate with Hastings and its representative(s) in the development of Contract Plan and Schedule and Updated Contract Plan and Schedules. Hastings acceptance of or its review comments about any schedule or scheduling data shall not relieve Contractor from its sole responsibility to plan for, perform, and complete the Work with the Contract Time. Verbal acceptance or agreement of or review comments about any schedule shall not transfer responsibility for any schedule to Hastings and its representative(s) nor imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or contained in such schedule. If a schedule showing the Work completed in less than the Contract Time is approved in writing, Contractor shall not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the completion of the Work beyond the expiration of the Contract Time. Failure of Hastings Representative(s) to discover errors or omissions in schedules that it has reviewed, or to inform Contractor that Contractor, subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule shall not relieve the Contractor from its sole responsibility to perform and complete the Work within the Contract Time and shall not be a cause for an adjustment of the Contract Time or the Contract Sum. The Work to be performed under this Agreement shall commence upon written authorization to proceed and be substantially completed within the time frame established between Hastings and Contractor. Contractor shall perform the Work in accordance with the current accepted Contract Plan and Schedule.

Appears in 10 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

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WORK PERFORMANCE SCHEDULE. It is understood that time is of the essence of this Agreement, and Contractor is bound by all of the time limits imposed by virtue of this Agreement. Before commencing services, the Contractor shall have prepared and submitted to Hastings for approval a Preliminary Contract Plan and Schedule for performing the Work in the form and within the time limit required by the Specifications. The College Representative(s) will review the Preliminary Contract Schedule with Contractor within the time limit required by the Specifications and in closed coordination with Hastings Xxxxxxxx Representative(s), its consultant, other contractors or subcontractors to obtain the project milestones for completion and updates thereto, which Hastings can provide. In addition to the Preliminary Contract Plan and Schedule, Contractor shall submit a final contract Project Schedules and any updates or revisions to contract Project Schedules to the Hastings Representative(s), who will determine the acceptability of the contract Project Schedules and any such updates in the form and within the time limits required by the Specifications. Contractor shall perform and keep current, to the satisfaction of Hastings, a schedule of submittals that is in a form acceptable to Hastings and is made a part of this Agreement, as required by the Specifications. The Preliminary Contract Plan and Schedule, the Contract Plan and Schedule, and the Updated Contract Plan and Schedule shall meet the following requirements: 1. Must be suitable for monitoring progress of the Work. 2. Must provide necessary data about the timing for Hastings decisions and Hastings Xxxxxxxx furnished items. 3. Must be in sufficient detail to demonstrate adequate planning for the Work. 4. Must represent a practical plan to complete the Work within the Contract Time. All materials, equipment, licenses, labor and professional services of any kind necessary for the performance of the Work shall be ordered upon full written acceptance and approval under this Agreement. If Hastings Xxxxxxxx so requests, the Contractor shall submit to Hastings in written form verification that such lead items have been ordered. Contractor shall not be entitled to an extension of time within which to complete the Work if any delay is caused by Contractor’s failure to order materials sufficiently. Hastings review of the form and general content of the Preliminary Contract Plan and Schedule, the Contract Plan and Schedule, and the Updated Contract Plan and Schedule is for the purpose of determining if the above-listed requirements have been satisfied. Contractor shall plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of the Work activities conform to the current accepted Contract Plan and Schedule. Contractor shall continuously obtain from its subcontractors information and data about the planning for and progress of the Work and the delivery of equipment, shall coordinate and integrate such information and data into updated Contract Plan and Schedules, and shall monitor the progress of the Work and the delivery of equipment. Contractor shall act as the expeditor of potential and actual delays, interruptions, hindrances, or disruptions for its own forces and those forces of subcontractors, regardless of tier. Contractor shall cooperate with Hastings Xxxxxxxx and its representative(s) in the development of Contract Plan and Schedule and Updated Contract Plan and Schedules. Hastings acceptance of or its review comments about any schedule or scheduling data shall not relieve Contractor from its sole responsibility to plan for, perform, and complete the Work with the Contract Time. Verbal acceptance or agreement of or review comments about any schedule shall not transfer responsibility for any schedule to Hastings and its representative(s) nor imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or contained in such schedule. If a schedule showing the Work completed in less than the Contract Time is approved in writing, Contractor shall not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the completion of the Work beyond the expiration of the Contract Time. Failure of Hastings Representative(s) to discover errors or omissions in schedules that it has reviewed, or to inform Contractor that Contractor, subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule shall not relieve the Contractor from its sole responsibility to perform and complete the Work within the Contract Time and shall not be a cause for an adjustment of the Contract Time or the Contract Sum. The Work to be performed under this Agreement shall commence upon written authorization to proceed and be substantially completed within the time frame established between Hastings and Contractor. Contractor shall perform the Work in accordance with the current accepted Contract Plan and Schedule.

Appears in 3 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

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