WORKS SCHEDULE AND WORKS REPORT. 20.1 Completion of Works (a) Project Co shall complete the Works in accordance with this Project Agreement and achieve: (i) Substantial Completion by the Scheduled Substantial Completion Date; and (ii) Final Completion by the Scheduled Final Completion Date. (b) Without limiting the generality of Section 20.1(a), Project Co shall complete the Works in accordance with the Works Schedule. 20.2 The Works Schedule (a) Within 45 days after the date of Financial Close, Project Co shall prepare and submit to IO and the Independent Certifier a detailed, computerized draft schedule using Primavera 5.0 or other software compatible with Primavera 5.0 that supports the completion of the Works in accordance with Section 20.1. (b) IO shall provide Project Co with comments on the draft schedule in accordance with Schedule 10 - Review Procedure, provided that the period for review of such draft schedule shall be 20 Business Days rather than the 10 Business Days prescribed in Section 2.2 of Schedule 10 - Review Procedure. Project Co shall revise the draft schedule to the extent required by Schedule 10 - Review Procedure within 30 days of receipt of any comments from IO. (c) When agreed by the Parties, the draft schedule shall become the Works Schedule. (d) The Works Schedule shall be prepared in accordance with Good Industry Practice for a large complex project and shall be in sufficient detail so as to enable the IO Representative and, if applicable, the Independent Certifier, to monitor the progress of the Works, including all commissioning activities, and the likely future progress of the Works. Given the size and complexity of the Project, the Works Schedule shall include no fewer than 1,000 activities. (e) Without limiting the generality of Section 20.2(d), the Works Schedule shall, at a minimum, include: (i) major milestone events; (ii) the dates that key decisions must be made by IO to support the progress of the Works; (iii) a detailed and editable procurement, delivery, installation, training and commissioning schedule for all Equipment; (iv) all design related activities, including the proposed date for each Design Workshops; (v) the proposed date for each Works Submittal, (vi) all construction activities, including subcontract work and cash allowance work, both on and off the Site; (vii) all procurement activities undertaken by the Construction Contractor with respect to materials and equipment, including timelines for Shop Drawings, manufacturing periods and dates of delivery to the Site; (viii) all Project Co Commissioning and IO Commissioning activities; (ix) a detailed plan for the Transition; (x) the manpower requirements for each activity, including subcontract work; (xi) a manpower histogram, both overall and by trade; (xii) a cumulative “S”-curve showing planned percent completion for each month from the commencement of the Works until the Scheduled Final Completion Date; and (xiii) projected Construction Contract cash flows.
Appears in 1 contract
Samples: Project Agreement
WORKS SCHEDULE AND WORKS REPORT. 20.1 Completion of Works
(a) Project Co shall complete the Works in accordance with this Project Agreement and achieve:
(i) Substantial Completion by the Scheduled Substantial Completion Date; and
(ii) Final Completion by the Scheduled Final Completion Date.
(b) Without limiting the generality of Section 20.1(a), Project Co shall complete the Works in accordance with the Works Schedule.
20.2 The Works Schedule Schedule
(a) Within 45 days after the date of Financial Close, Project Co shall prepare and submit to IO MHCP and the Independent Certifier a detailed, computerized draft schedule using Primavera 5.0 or other software compatible with Primavera 5.0 that supports the completion of the Works in accordance with Section 20.1.
(b) IO MHCP shall provide Project Co with comments on the draft schedule in accordance with Schedule 10 - Review Procedure, provided that the period for review of such draft schedule shall be 20 Business Days rather than the 10 Business Days prescribed in Section 2.2 of Schedule 10 - Review Procedure. Project Co shall revise the draft schedule to the extent required by Schedule 10 - Review Procedure within 30 days of receipt of any comments from IOMHCP.
(c) When agreed by the Parties, the draft schedule shall become the Works Schedule.
(d) The Works Schedule shall be prepared in accordance with Good Industry Practice for a large complex project and shall be in sufficient detail so as to enable the IO MHCP Representative and, if applicable, the Independent Certifier, to monitor the progress of the Works, including all commissioning activities, and the likely future progress of the Works. Given the size and complexity of the Project, the Works Schedule shall include no fewer than 1,000 activities.
(e) Without limiting the generality of Section 20.2(d), the Works Schedule shall, at a minimum, include:
(i) major milestone events;
(ii) the dates that key decisions must be made by IO MHCP to support the progress of the Works;
(iii) a detailed and editable procurement, delivery, installation, training and commissioning schedule for all Equipment;
(iv) all design related activities, including the proposed date for each Design Workshops;
(v) the proposed date for each Works Submittal,;
(vi) all construction activities, including subcontract work and cash allowance work, both on and off the Site;
(vii) all procurement activities undertaken by the Construction Contractor with respect to materials and equipment, including timelines for Shop Drawings, manufacturing periods and dates of delivery to the Site;
(viii) all Project Co Commissioning and IO Hospital Commissioning activities;
(ix) a detailed plan for the Transition;
(x) the manpower requirements for each activity, including subcontract work;
(xi) a manpower histogram, both overall and by trade;
(xii) a cumulative “S”-curve showing planned percent completion for each month from the commencement of the Works until the Scheduled Final Completion Date; and
(xiii) projected Construction Contract cash flows.
20.3 Failure to Maintain Schedule
(a) Without limiting any other provision of this Project Agreement but subject to Section 37, if, at any time:
(i) the actual progress of the Works has significantly fallen behind the Works Schedule; or
(ii) MHCP is of the opinion that:
(A) the actual progress of the Works has significantly fallen behind the Works Schedule; or
(B) Project Co will not achieve Substantial Completion by the Longstop Date, Project Co shall be required:
(iii) within 5 Business Days of receipt of notice from MHCP, to produce and deliver to each of the MHCP Representative and the Independent Certifier:
(A) a report identifying the reasons for the delay; and
(B) a plan showing the steps that are to be taken by Project Co to eliminate or reduce the delay to:
(I) achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(II) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date; and
(iv) to bring the progress of the Works back on schedule in accordance with the plan delivered under Section 20.3(a)(iii)(B) and approved by the MHCP Representative.
(b) Project Co shall notify the MHCP Representative if, at any time, the actual progress of the Works is significantly ahead of the Works Schedule.
Appears in 1 contract
Samples: Project Agreement
WORKS SCHEDULE AND WORKS REPORT. 20.1 Completion of Works
(a) Project Co shall complete the Works in accordance with this Project Agreement and achieve:
(i) Substantial Completion by the each Scheduled Substantial Completion Date; and
(ii) Final Completion by the each Scheduled Final Completion Date.
(b) Without limiting the generality of Section 20.1(a), Project Co shall complete the Works in accordance with the Works Schedule.
20.2 The Works Schedule Schedule
(a) Within 45 60 days after the date of Financial Close, Project Co shall prepare and submit to IO and the Independent Certifier a detailed, computerized draft schedule using Primavera 5.0 or other software compatible with Primavera 5.0 that supports the completion of the Works in accordance with Section 20.1.
(b) IO shall provide Project Co with comments on the draft schedule in accordance with Schedule 10 - Review Procedure, provided that the period for review of such draft schedule shall be 20 Business Days rather than the 10 Business Days prescribed in Section 2.2 of Schedule 10 - Review Procedure. Project Co shall revise the draft schedule to the extent required by Schedule 10 - Review Procedure within 30 days of receipt of any comments from IO.
(c) When agreed by the Parties, the draft schedule shall become the Works Schedule.
(d) The Works Schedule shall be prepared in accordance with Good Industry Practice for a large complex project and shall be in sufficient detail so as to enable the IO Representative and, if applicable, the Independent Certifier, to monitor the progress of the Works, including all commissioning activities, and the likely future progress of the Works. Given the size and complexity of the Project, the Works Schedule shall include no fewer than 1,000 activities.
(e) Without limiting the generality of Section 20.2(d), the Works Schedule shall, at a minimum, include, in respect to the Works at each of the Sites and the respective Facility or Facilities:
(i) major milestone eventsevents including the order of the Works in relation to each of the Facilities and Sites and the Scheduled Substantial Completion Dates and the Scheduled Final Completion Dates;
(ii) the dates that key decisions must be made by IO to support the progress of the Works;
(iii) a detailed and editable procurement, delivery, installation, training and commissioning schedule for all Equipment;
(iv) all design related activities, including the proposed date for each Design Workshops;
(v) the proposed date for each Works Submittal,;
(vi) all construction activities, including subcontract work and cash allowance work, both on and off the SiteSites;
(vii) all procurement activities undertaken by the Construction Contractor with respect to materials and equipment, including timelines for Shop Drawings, manufacturing periods and dates of delivery to the SiteSites;
(viii) all Project Co Commissioning and IO Commissioning activities;
(ix) a detailed plan for the Transition;
(x) the manpower requirements for each activity, including subcontract work;
(xi) a manpower histogram, both overall and by trade;
(xii) a cumulative “S”-curve showing planned percent completion for each month from the commencement of the Works until the last Scheduled Final Completion Date; and
(xiii) projected Construction Contract cash flows.
(f) Upon written notice given by Project Co to IO:
(i) at least 90 days prior to the Scheduled Substantial Completion Date for the Facilities described in Schedule 40 – List of Facilities as (A) the Nipigon Detachment, (B) the Xxxx'x Falls Detachment, and (C) the Long Sault FIU, and
(ii) at least 45 days prior to the Scheduled Substantial Completion Date for any Facility other than a Facility described in Section 20.2(f)(i), Project Co may amend the Works Schedule to adjust such Scheduled Substantial Completion Date and any related Scheduled Final Completion Date, provided that:
(iii) Project Co shall not extend the last Scheduled Substantial Completion Date and the last Scheduled Final Completion Date; (iv) such adjustments to any Scheduled Substantial Completion Date and Scheduled Final Completion Date are agreeable to IO, acting reasonably; and
Appears in 1 contract
Samples: Project Agreement
WORKS SCHEDULE AND WORKS REPORT. 20.1 13.1 Completion of the Works
(a) Project DB Co shall complete the Works in accordance with this Project Agreement and achieve:
(i) East Substantial Completion by the East Scheduled Substantial Completion Date;
(ii) East Final Completion by the East Scheduled Final Completion Date;
(iii) West Substantial Completion by the West Scheduled Substantial Completion Date; and
(iiiv) West Final Completion Completion, including all Remaining Works, by the West Scheduled Final Completion Date.
13.2 The Works Schedule
(a) From Financial Close until PBS-2 becomes the Current PBS, PBS-1 shall be deemed to be the Current PBS and, until such time, the following provisions of the Project Agreement applicable to the Current PBS shall be applicable to PBS-1: Sections 10.3(a)(i), 11.12(f)(ii), 11.12(f)(iii), 14.2(b), 14.2(d), and 26.2(a)(i) of the Project Agreement; Section 1.8(c) of Schedule 10 – Review Procedure; and Section 1.6(b)(vii) of Schedule 22 – Variation Procedure:
(b) Without limiting the generality of Section 20.1(a)DB Co shall, Project Co shall complete the Works in accordance with the Schedule 12 – Works Schedule.
20.2 The Works Schedule (a) Within 45 days after the date of Financial CloseScheduling Requirements, Project Co shall prepare and submit to IO the City and the Independent Certifier Certifier:
(i) within 180 days after Financial Close, PBS-2 and a detailedschedule narrative in accordance with Section 2.2 of Schedule 12 - Works Scheduling Requirements indicating the differences between PBS-1 and PBS-2;
(ii) every month, computerized draft schedule using Primavera 5.0 or other software compatible within 10 Business Days after the end of each calendar month from Financial Close, the Monthly Progress Report and PBS Update in accordance with Primavera 5.0 Schedule 33 – Works Reports;
(iii) after receipt of written request from the City, acting reasonably, a Micro-Schedule for any specific area in accordance with Schedule 12 – Works Scheduling Requirements, to be provided no later than the end of subsequent reporting period; and
(iv) Recovery Schedules, PBS Re-baselines, Short Duration Schedules, As-built Schedules and Informal Implementation Schedules in accordance with Schedule 12 – Works Scheduling Requirements, each meeting the requirements of Schedule 12 – Works Scheduling Requirements to the reasonable satisfaction of the City that supports support the completion of the Works in accordance with Section 20.1.
(b) IO shall provide Project Co with comments on the draft schedule in accordance with Schedule 10 - Review Procedure, provided that the period for review of such draft schedule shall be 20 Business Days rather than the 10 Business Days prescribed in Section 2.2 of Schedule 10 - Review Procedure. Project Co shall revise the draft schedule to the extent required by Schedule 10 - Review Procedure within 30 days of receipt of any comments from IO13.1.
(c) When agreed by the PartiesThe City shall review all submissions in accordance with Schedule 12 – Works Scheduling Requirements and, the draft schedule shall become the Works Scheduleas applicable, Schedule 10 – Review Procedure.
(d) The Works Schedule shall be prepared in accordance with Good Industry Practice for a large complex project and shall be in sufficient detail so as to enable At the IO Representative and, if applicablerequest of the City Representative, the Independent Certifier, DB Co Representative shall review the Works Schedules with the City Representative to monitor explain to the progress City Representative’s reasonable satisfaction:
(i) the activity logic and planning assumptions contained in the Works Schedule;
(ii) any proposed changes to the Critical Path of the Works, including all commissioning activities, and ; and
(iii) any other matter raised by the likely future progress of the Works. Given the size and complexity of the Project, City Representative concerning the Works Schedule shall include no fewer than 1,000 activitiesSchedules.
(e) Without limiting DB Co and the generality City shall comply with the provisions of Section 20.2(d), Schedule 12 – Works Scheduling Requirements.
(f) Any comment or lack of comment by the City in regard to any Works Schedule shall, at a minimum, include:
(iindicating potential Delay Events pursuant to Section 32.2(a) major milestone events;
(ii) the dates that key decisions must be made by IO to support the progress of the Works;
(iii) a detailed and editable procurement, delivery, installation, training and commissioning schedule for all Equipment;
(iv) all design related activities, including the proposed date for each Design Workshops;
(v) the proposed date for each Works Submittal,
(vi) all construction activities, including subcontract work and cash allowance work, both on and off the Site;
(vii) all procurement activities undertaken by the Construction Contractor with respect to materials and equipment, including timelines for Shop Drawings, manufacturing periods and dates of delivery to the Site;
(viii) all Project Co Commissioning and IO Commissioning activities;
(ix) a detailed plan for the Transition;
(x) the manpower requirements for each activity, including subcontract work;
(xi) a manpower histogram, both overall and by trade;
(xii) a cumulative “S”-curve showing planned percent completion for each month from the commencement Agreement shall not constitute any acknowledgement or acceptance of the Works until the Scheduled Final Completion Date; and
(xiii) projected Construction Contract cash flowspotential delay.
Appears in 1 contract
Samples: Project Agreement
