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� Construction Contract
<br /> GENEF�L CONDITIONS
<br /> � D. Upon acceptance by the Owner,the Construction Progress Schedule shall become a Contract Document and any material revision thereofwill
<br /> become effective only upon the subsequent written consent of the Owner.
<br /> � E. Beginning at the Start Date specified by the Owner in the Notice To Proceed,and at each weekly Progress Meeting held pursuant to Paragraph
<br /> 15{C)hereunder,Contractor shall subm'st to the O�vner's Representative a hvo-week Iook-ahead schedule which will detail the Work which the Contractor plans to
<br /> perform during the following two weeks. The two-week schedules shall be in substantial conformance with the Construction Progress Schedule. Contractor shall
<br /> submit to the Owner's Representative with any two-week schedule at variance with the Construction Progress Schedule a detailed narrative which fully describes
<br /> the reason for the variance and any anticipated impact on the Project Completion Date and/or the complerion of interim milestones,if any.
<br /> , F. At dates established by the Owner,Contractor shall submit to the Owner's Representative an updated Construction Progress Schedule.
<br /> Contractor's submission shall,at a minimwn unless otherwise directed by the O�mer's Representative,include a narcative setting forth any revisions and a description
<br /> of any logic contained in the Construction Progress Schedule which has been changed by the update,any activiGes in ihe Construction Progress Schedule which have
<br /> � been resequenced in the update,and any activities which have been added in the update. Owner must consent in writing to any revision described herein before the
<br /> Construction Progress Schedule shall be revised. Notwithstanding the foregoing,the Project Completion Date,and the completion dates of interim milestones(if
<br /> any)shall be revised only by the issuance of a Change of Coniract. Contractor shall be required to submiE to the Owner a revised or updated CPM chart which
<br /> inciudes a�aphic representation of the revision or update at the sole discrefion of the Owner.
<br /> � G. The Contractor agrees to comply with the Construction Progress Schedule,as defined herein,or any revision thareof to which the Ownee
<br /> consents and agrees that the Work shall be prosecuted regularly,diligently and without interruption,within the time specifsed. The Contractor shaff not allow
<br /> reasonably foreseeable weather conditions to impede the progess of ine woric and snaii provide and maintain aii temporary weatner proteciion,pamping iaciii�ies
<br /> � and snow,ice,mud or water removal services necessary to maintain the progress of the Work.
<br /> H. Should the Contractor fail to comply with the Construction Progress Schedule or,in the Owner's opinion,otherwise fail,refuse or neglect to
<br /> suppiy a sufficient amount Of labor,material or supervisi0n in the prosecution of the Work,the Owner shall have the right to(1)direct the Contractor,at the
<br /> Contracto�'s expense,to fumish such additionai labor and/ormaterial as may,in the Ownec's opinion,be required to comply with the Construction Progress Schedule
<br /> � or otherwise diligently prosecute the Work,(2)fumish,in accordance with Paragraph 22 hereof,such additiona3labor and/or materials as may be required to comply
<br /> with said scheduie,(3)wiihhold pay►nents pursuant to Paragraph 35 hereof,and(4)terminate the Contract in accordance with Paragraph 23(A)hereof. 7'he Owner
<br /> may exercise any of the foregoing remedies,none to the exclusion of the others. Any costs incurred 6y the Owner pursuant to the exercise of any righu under this
<br /> Paragraph shall be bome by the Contractor and shall not increase the Contract Sum.
<br /> ' I. Notwithstanding Subparagraph H above,should the Contractor fail to complete the Work in accordance with the completion date specified
<br /> in the Construction Progress Schedule,as revised with fhe Owner's approvai,tiie ConVactor shal!pay to the Owner as fixed liyuidated damages#he sum as set forth
<br /> in the Special Pmvisions. The Contractor shall remain liable ro the Owner for ail actual damages sustained by the Owner subsequent to Substantial Completion until
<br /> � all the Work required by the Contract Documents is complete and the Work is accepted by the Osvner.
<br /> 8. DELAYS
<br /> A. If the Contractor is delayed or hindered at any time in the progress of the Work by any act or neglect of the Owner or by any contractor
<br /> � empEoyed by the Owner,or by changes ord'ered in the scope ofthe Work,or by fire,adverse�veather con8itions not reasonabfy andcipated,or any other causes beyond
<br /> the control of the Contractor,then the duration set forth in the Conslruction Progress Schedule shall be extended as agreed to by the Owner and the Contractor.
<br /> However,to the fullest ex[ent permitted by law,and notwithstanding any other provision in ihe COntract Documents,ilte Owner,its agents and employees shall not
<br /> be held responsible for any loss or damage,whether direct or indirect,sustained by the Contractor,or additional costs incurred bythe Conlractor,through delay caused
<br /> � by the Owner or iu agenu and employees,or any other contractor or subcon�actoy or by abnormal weather conditions,or by any other cause,and the Contractor
<br /> agees not to make,and hereby waives,any claim for damages,and agrees chat the sole right and remedy therefor shall be an extension of time.
<br /> B. Wi[hin seven(7}days from the commencement of a delay,Contractor shall submit to the Owner's Representative,in writing,a notice of the
<br /> � delay. Such notice of delay shalf,at a minimum,describe the nature and cause of the delay and provide a pretiminary estimate of the impact of said delay on the
<br /> Construction Progress Schedu[e. The Con�actor's failure to give such notice to the Owner shall depriva the Contractor of his right to claim an extension of time.
<br /> In the case of a continuing cause ofdelay,only one claim shall he necessary. The giving of such notice shall not of itself establish the validiry of the cause of delay
<br /> or of ihe extension ofthe time for completion. Submission of reports and/or updates required by Paragraphs 7(E}and 7(�above,or by Paragraph 15(D),shall not
<br /> � constitute such noiice.
<br /> C. W ithin twenty(20)days from the submittal to the Owner of the notice of delay detailed in Paragraph 8(B)aUove,Contractor shall submit[o
<br /> the Owner's Representative a claim for an extension of time which shall include a11 documentation supporting the claim. Such submittal shall include a detailed
<br /> description ofall changes in activity dwations,logic,sequence,or otherwise in the Construction Progress Schedule. The filing of such a claim for an extension of
<br /> � tittte shall not of itself establish the validity of the cause of delay or of ihe e�ension of time for wmpletion. Submission of construCtion reports and/or updates
<br /> required by Paragraphs 7{E)and 7(F)above,or by Paragraph 15(D),shall not wnstitute such a claim.
<br /> D. No delay,interference,hindrance,or disruption,from whatever source or cause,in the progress of lhe Contractor's Work shall be a basis for
<br /> � an e�ctension of time unless the delay,interference,hindrance,or disruption is without the fault and not the responsibility of the Contractor and direcUy affects the
<br /> overall compietion of the Work,as ref�ected in the Contractor`s updated and accepted ConsWction Progress Schedule. No delay,interference,hindrance,or
<br /> disruption,from whatever source or cause,in the progess of Contractor's Work shall be a basis for an extension of time for an interim milestone date,if any,unless
<br /> the delay,interference,hindrance,or disruption is without the fault and not the responsibility of the Contractor and direcdy affects the overall completion of such
<br /> interim milestone,as reflected in the Contractor's updated and accepted Construction Progress Schedule.7'he Contractor expressly agrees that the Owner shall receive
<br /> �' the benefit of any float,and delays to construction activities which do not affect the overall completion of the Work shali not entiUe ihe Coniractor to an eactension
<br /> of ihe coniract perfonnance time.
<br /> � 9. DISPIJTES
<br /> ca��.�a OQ810-4
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