2018-325-E AMS - Bordeaux Construction Co. Northern Campus construction

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DocuSign Envelope ID: 04E136D1 -507C- 4219- BF16- 446F8D2192F8 24.1. The Pre - Construction services schedule shall not exceed one calendar year from the execution of this Agreement. Once the Notice to Proceed is issued, the CMAR will complete construction services within nineteen (19) months and one (1) month for state and local occupancy permitting inspections, for a total of twenty (20) months. The CMAR shall commence provision of services under this Contract not later than five days after the date of this Contract. CMAR shall fully complete all services hereunder and accomplish the substantial and final completion of the Project in accordance with the Project schedule, which shall be adhered to unless otherwise agreed by the Owner. The Project schedule shall be a schedule developed by the CMAR, and approved by the Owner, as part of the Pre - Construction Services and shall consist of targeted dates by which various stages of the Project shall be completed. 24.2. The Project shall be brought to Substantial and Final Completion within the time prescribed by the Project schedule that is updated and established at the time the final GMP is accepted, which shall be in accord with the foregoing target schedule as extended by the Owner by change order in accordance with the Contract. 24.3. If the CMAR is delayed at any time in the progress of its Work by any act or negligence of the Owner or the Project Designer, or by any employee of either; by changes ordered in the Work; by labor disputes at the Project site; by abnormal weather conditions not reasonably anticipated for the locality where the Work is performed; by unavoidable casualties; by any causes beyond the CMAR's control; or by any other causes which the Project Designer and Owner determine may justify the delay, then the contract time may be extended by change order for the time which the Project Designer and Owner may determine is reasonable. Contract defaults or other breaches of any legal duty by a Subcontractor shall not be grounds for a time extension under this Contract. Time extensions will not be granted for rain, wind, snow or other natural phenomena of normal intensity for the locality where Work is performed. For purpose of determining the extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for the contract period involved with the average of the preceding twenty (20) year climatic range during the same time interval based on the National Oceanic and Atmospheric Administration National Weather Service statistics for the locality where Work is performed and on daily weather logs kept on the job site by the CMAR reflecting the effect of the weather on progress of the Work and initialed by the Project Designer. Time extensions for weather delays shall not entitle the CMAR to an increase in the GMP. 24.4. It is the CMAR's responsibility to meet the required construction completion dates, as extended by the Owner in accordance with the Contract. As an inducement to the CMAR to meet the required substantial completion date for the Project, the Owner will include in the Total Construction Budget an Early Completion Bonus Fund amount of one percent (1.0 %) of the actual Project GMP, which shall be payable to the CMAR as an Early Completion Bonus if the Project is completed prior to the substantial completion date, as extended in accordance with this Contract and further provided that the Project is completed under budget and so long as including payment of the Early Completion Bonus Fund does not result in an amount that exceeds the Total Construction Budget. This Early Completion Bonus, if earned, will be included in the final payment to the CMAR. If the CMAR decides that any action must be taken in order to meet its contractual responsibility to complete the Project on time or to mitigate liquidated damages payable to the Owner, including for example and without limitation forcing Subcontractors to work overtime, increase labor forces or staffing, or work out of sequence, then the CMAR may, upon written notice to the Owner, waive its right to the Early Completion Bonus. Upon notice that the CMAR waives its right to the Early Completion Bonus, the Owner shall make the funds budgeted for the Early Completion Bonus available to the CMAR to pay the actual costs of such action as a Cost of the Work. The CMAR will enforce all rights and remedies that it has against any and all Subcontractors that are responsible for the failure to complete the Project within the schedule, and reimburse the Owner for the sums contributed under this paragraph to the extent the CMAR is able to recover those costs Page 24 of 53 Revised 10/17