Agenda - 02-19-2008-4j1 - Laserfiche WebLink

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that activity on the Contractor's Construction Schedule. Time is of the essence with respect to each such activity and Completion Date. 13.5 If the Contractor submits a construction schedule, progress report, or any other document that indicates or otherwise expresses an intention to achieve completion of the Work prior to any Completion Date required by the Contract Documents or prior to expiration of the Contract Time, no liability of the CMAR to the Contractor for any failure of the Contractor to so complete the Work shall be created or implied. 13.6 If the Contractor, for reasons beyond the Contractor's control, is delayed in beginning any activity, the Contractor shall, nevertheless, have the same number of days as is shown in the Master Schedule for the activity, and the affected activity and any succeeding activity that is dependent upon that activity shall be adjusted accordingly; provided that at any time the CMAR, by means of a Change Order, may require the Contractor to work overtime, to increase labor forces or to take any necessary or appropriate action to decrease the time required for any activity, and the Contractor shall be entitled to an adjustment in the Contract Price computed in accordance with Article 15 of these General Conditions. 13.7 At any time, the CMAR may order the Contractor, on seven (7) days written notice, to begin any activity earlier than the starting date shown on the Master Schedule. 13.8 Should the Contractor fail to start any activity on the start date shown in the Master Schedule or as it may have been adjusted in accordance with paragraphs 13.6 or 13.7 above, or become delayed, the Contractor shall, without being entitled to any increase in the Contract Price or other compensation, work overtime, increase labor forces or take such other action as may be necessary or appropriate to complete the activity by the Completion Date shown on the Master Schedule, or as such Completion Date may have been adjusted. 13.9 The CMAR shall monitor progress of the Work at all times and the Contractor shall cooperate with such monitoring and provide any and all information with respect to the progress of the Work and scheduling as the CMAR may reasonably require. 13.10 On a monthly basis, in consultation with the Contractor, the CMAR shall revise the Master Schedule, showing any adjustments made in accordance with paragraphs 13.6 or 13.7, above, by any Change Order, the progress of the Work, and any days gained or days lost with respect to any activity, and shall furnish copies thereof to the Contractor. 13.11 Should any monthly revision of the Master Schedule show that the Contractor is behind on any activity, the late completion of which could delay Substantial Completion of the Work, the CMAR shall be entitled to withhold from the next Progress Payment due the Contractor an amount sufficient to reimburse the CMAR for any and. all delay damages, should Substantial Completion be delayed by the same number of days that the Contractor is currently behind schedule. If, subsequently, the Contractor's progress, as shown by any succeeding monthly revision to the Master Schedule, is such that the anticipated delay no longer exists, the CMAR shall pay with the Progress Payment next due to the Contractor such amounts as have been withheld in accordance with this paragraph. 13.12 The CMAR shall have the right to perform Work, hire and employ labor and craftsmen, rent equipment, subcontract with other parties, or do anything that the CMAR deems necessary or appropriate to remedy or cure any delay by the Contractor in the progress of the Work. Such action by the CMAR shall not, in any way, affect, void or limit any warranty, guaranty or other responsibility of the Contractor under the Contract Documents. Such action may be taken by the CMAR only after three (3) days written notice to the Contractor. All costs incurred by the CMAR in taking any such action shall be charged to the Contractor and deducted from any amounts remaining due under the Agreement. GENERAL CONDITIONS FOR CM AT RISK PROJECT 27 of 42 JUNE 2007 EDITION