TIME

9.1 Progress and Completion 9.1.1 All time limits stated in the Contract Documents are of the essence of the Contract. 9.1.2 The time limit for the execution of this Contract has been figured out based on the Architect/Engineer and/or Owner's estimate. 9.1.2.1. Such time limit to into consideration all Sundays, legal holidays indicated in Article 1.1.1.4,1, included within the said time limit. 9.1.2.2. The Contractor will be entitled to work premium time (overtime) as required to comply with the schedule of the Project. 9.1.2.2.1. No work shall be performed on Saturdays, Sundays or legal holidays, except in cases of emergency, or unless prior written permission has been granted by the Owner's Representative. 9.1.2.2.1.1. Except in cases of emergency, request for permission to Work on Saturdays, Sundays or legal holidays shall be filed with the Owner's Representative not less than twenty four (24) hours in advance of said date, if the activity affects the critical path and not less than forty eight (48) hours if the proposed activity does not affect the critical path. 9.1.2.2.1.2. Said permission shall not be unreasonably denied. 9.1.2.2.2. Premium time (overtime) necessary in case of emergency, or for completion of daily work, or to comply with the Project schedule, shall be notified to the Project Inspector during the course of the day that said premium time will be worked. - 62 UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 9.1.3. The date of commencement of the Work shall be stated in the Notice to Proceed. 9.1.3.1. The Contractor shall begin the Work on such date of commencement fixed by the Notice to Proceed. 9.1.3.2. The Contractor shall carry out the Work expeditiously with adequate forces and shall complete it within the Contract Time 9.1.3.3. A Notice to Proceed issued without the Owner having furnished all required permits and/or endorsements necessary to commence the Work which fixes a commencement date which cannot be complied with due to the lack of such permits shall constitute a valid basis for a claim by Contractor under Article 11.5 if such act adversely affects the Project's critical path and no concurrent cause of delay by the Contractor is present. 9.1.4. The Contract Time limit to execute the Work until it is substantially complete shall be that number of calendar days resulting from the sum of the original Contract Time and the authorized extensions to the original Contract Time. Said Contract Time shall start to run on the date fixed in the Notice to Proceed (the commencement date) and shall end on the date of Substantial Completion. If the work is Substantially Completed prior to said time limit, the Contractor will have achieved early completion, if Work is not Substantially Completed within said time limit, the Contractor will not have completed the Work on time in accordance with the Contract. 9.1.4.1. Time under the Contract will, stop running on the date of Substantial Completion. 9.2 Change of Contract Time 9.2.1. The Contract Time (or Milestones) may only be changed with a Change Order, Extra Work Order or by a Written Amendment. 9.2.1.1. Any Claim for an adjustment in the Contract Time (or Milestones) shall be based on a written notice submitted by the party making the claim to the Owner in accordance with the provisions of Article 11.5. 9.2.2. Any adjustment of the Contract Time (or Milestones) due to any delay beyond the control of Contractor, will be made in an amount equal to the time lost due to such delay, including its consequences, if a Claim is made therefore as provided in Article 11.5 only if such delay affect the critical path, as reflected in the monthly Progress Schedule. 9.2.2.1. Delays beyond the control of Contractor shall include, but are not limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated on these General Conditions, lack of, or lapse, of any permit, or endorsement, issued by the governmental entities having jurisdiction in the Project which are the responsibility of Owner, fires, floods, epidemics, weather conditions, or acts of God. 9.3 Delays and Extensions of Time 9.3.1. No extension of the Contract Time will be allowed for any reason except as provided below: 9.3.1.1. If satisfactory fulfillment of the Contract with authorized extension and increases requires the performance of Work in greater quantities than those set forth in the proposal so that the total final payment is - 63 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS greater than the total original Contract Price, then the time allowance will be equitably adjusted taking into account the amount and difficulty of the additional Work and only if the scope of the Work is increased or the critical path of the Project Schedule is affected. 9.3.1.2. In case of total suspension ordered by the Owner and not due to any fault of the Contractor, the total number of calendar days during which the Work is suspended shall be added to the Contract Time. In case of suspension of part of the Work ordered by the Owner not due to any fault of the Contractor, the Contract Time shall be extended to the extent that the effect that such suspension has on the Contract Time, and only to the extent the critical path of the Project Schedule is affected. 9.3.1.2.1. After Contractor has taken all reasonable steps to minimize Project overhead during the suspension, the Project fixed overhead costs incurred during the suspension by the Contractor will be reimbursed to Contractor by the Owner. 9.3.1.3. In case of damage to the Work due to Force Majeure, the Owner shall equitably adjust Contract Time based on the time required to repair the damage, provided the critical path is affected. 9.3.1.4. In case of delays or interruptions to the Work caused by any act of the Owner, or by any separate Contractor employed by the Owner or by any other cause not attributable to the fault or negligence of the Contractor, then the Contract Time shall be equitably adjusted. 9.3.1.4.1. The Project reasonable fixed overhead costs incurred by the Contractor due to the time extension caused by the acts described in Article 9.3.1.4 ,will be reimbursed to the Contractor by the Owner. P 9.3.1.5. Every Change Order, Extra Work Order or Supplemental Agreement, if any, shall include all adjustments to Contract Time and to Contract Price related thereto, if any. 9.3.1.6. Unless otherwise specified in the Contract Documents, additional Contract Time will be allowed due to weather conditions, and their consequences, which render the performance of Work impossible. 9.3.1.7. Except as otherwise stated in this Article 9, where Contractor is prevented from completing any part of the Work within the Contract Time (or Milestones) due to delays beyond the control of both Owner and Contractor, if the critical path of the Project Schedule is affected, an extension of the Contract Time (or Milestones) for a period of time equal to the time lost due to such delay shall be Contractor's sole and exclusive remedy for such delay. 9.3.2. Extension in Contract Time shall not be considered or allowed for the following reasons: 9.3.2.1. Suspensions of Work ordered by the Owner or Owner's Representative due to the fault of the Contractor or his Subcontractor. 9.3.2.2. Unauthorized suspensions of Work by the Contractor. 9.3.2.3. Delays within the control of Contractor. 9.3.2.3.1. Delays attributable to or within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. - 64 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 9.3.3 All notifications of claims for extension of time shall be made in writing by the Contractor to the Owner's Representative not more than thirty (30) working days after acquiring knowledge of the occurrence of the delay. Once made, the Contractor must supplement such claim by notice to Owner within thirty (30) working days after the event that caused the delay has concluded. If proper notification of a claim or subsequent supplemental notice is not given to Owner, then all related claims regarding increases to Contract Time, and Contract Price will be deemed waived by Contractor. 9.3.3.1. Claims for extension of time shall include: 9.3.3.1.1. the reasons for the time extension as required by the Owner's Representative; 9.3.3.1.2. the operation(s) alleged to have been delayed; 9.3.3.1.3. the calendar dates on which the operation(s) were delayed; 9.3.3.1.4. the number of calendar days by which Contractor requests Contract Time be extended; 9.3.3.1.5. a complete and detailed statement as to how the critical path was affected; and 9.3.3.1.6. a complete and detailed breakdown of adjustment to Contract Price to be claimed due to the claimed time extension, if adjustment to Contract Price is to be claimed. 9.4 Delay Damages 9.4.1. In no event shall Owner or Architect/Engineer be liable to Contractor, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 9.4.1.1. delays caused by or within the control of Contractor; or 9.4.1.2. delays caused by Force Majeure and/or beyond the control of both Owner and Contractor. 9.4.1.3. delays not notified within the time specified in Article 9.3.3 or contrary to Article 9.3.3.1. 9.4.2. Nothing in this Article 9 bars a change in Contract Price to compensate Contractor due to delay, interference, or disruption directly attributable to actions or inactions of Owner or anyone for whom Owner is responsible, provided Contractor complies with the requirements of Articles 9.3.3. and 9.3.3.1. 9.5 Liquidated Damages 9.5.1. Unless otherwise specified in the Contract Documents should the Contractor or, the Surety in case of Termination for Cause, fail to complete all the Work within the time specified in the Contract or as extended by the written authorization of the Owner, a deduction of the amount stipulated herein will be made for each and every calendar day that the Work is not completed after the expiration of the time limit to execute the Work described in