5.1.1 The Constructor shall commence Work within five (5) days upon the date of a “Notice to Proceed” from the Owner unless stated otherwise in the Contract Documents.
5.1.2 Before the Owner will issue Notice to proceed to permit the Constructor to begin Work on site, the Owner shall have received the following documents, properly executed as described in the Contract Documents. The documents are:
5.1.2.1 Form of Agreement
5.1.2.2 Performance and Payment Bonds
5.1.2.3 Insurance Certificates
5.1.3 In the event Constructor fails to provide Owner such documents, Constructor may not enter the site of the Work until such documents are provided. The date the Constructor is required to commence and complete the Work shall not be affected by the Owner denying Constructor access to the site as a result of Constructor's failure to provide such documents and Constructor shall not be entitled to an adjustment of the Contract Time or Contract Price as a result of its failure to comply.
5.2.1 The Constructor, within fifteen (15) days after the issuance of the Notice to Proceed, shall prepare and submit for the OR and Design Professional's information Constructor's construction schedule for the Work and shall set forth interim dates for completion of various components of the Work and Work Milestone Dates as defined herein. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work, and shall provide for expeditious and practicable execution of the Work. The Constructor shall conform to the most recent OR approved schedule.
5.2.1.1 Durations of each activity shall not exceed 15 days.
5.2.2 In the event the Owner's Representative or Design Professional determines that the performance of the Work, as of a Milestone Date, has not progressed or reached the level of completion required by the Contract Documents, the Owner shall have the right to order the Constructor to take corrective measures necessary to expedite the progress of construction, including, without limitation:
5.2.2.1 Working additional shifts or overtime
5.2.2.2 Supplying additional manpower, equipment, facilities
5.2.2.3 Expediting delivery of materials, and
5.2.2.4 Other similar measures (hereinafter referred to collectively as Extraordinary Measures.)
5.2.2.5 Such extraordinary measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The Owner's right to require extraordinary measures is solely for the purpose of ensuring the Constructor's compliance with the construction schedule.
5.2.2.6 The Constructor shall not be entitled to an adjustment in the Contract Sum concerning extraordinary measures required by the Owner under or pursuant to this Paragraph. The Owner may exercise the rights furnished the Owner under or pursuant to this Paragraph as frequently as the Owner deems necessary to ensure that the Constructor's performance of the Work will comply with any milestone date or completion date(s) set forth in the Contract Documents.
5.2.2.7 All costs of correction(s) shall be borne by the Constructor deemed responsible. The Owner's decision of responsibility shall be final.
5.2.3 Supplementation of workforce: Should the Constructor at any time refuse or neglect to supply a sufficiency of properly skilled workers, or equipment and materials of the proper quality, or fail in any respect to execute the Work promptly and with diligence, or fail in the performance of the Contract Documents, the Owner may have, without prejudice to other remedies, after 48 hours from receipt of written notice to the Constructor, provide any such labor, equipment, and/or materials, and shall deduct the cost thereof from any money due, or thereafter to become due to the Constructor.
5.2.3.5 The 48 hours' notice does not apply to cases of immediate danger to life and health wherein the Owner may act immediately to remedy the situation.
5.2.4 The schedule shall be in a detailed format satisfactory to the Owner's Representative and the Design Professional. If the Owner's Representative or Design Professional has a reasonable objection to the schedule submitted by Constructor, the construction schedule shall be promptly revised by the Constructor. The Constructor shall monitor the progress of the Work for conformance with the requirements of the schedule and shall promptly advise the Owner of any delays or potential delays.
5.2.5 Electronic Construction Schedule: The Constructor shall use a current industry standard (Primavera, Microsoft Project, etc.) project scheduling software which provides as a minimum: Critical paths, milestones, estimated and actual start and completion dates, scheduled vs. actual progress, and detailed task and subtask breakdown. The following schedules shall be provided as a minimum and kept current: Overall project schedule, three (3) week look-ahead.
5.3.1 It shall be the duty of each Constructor to whom Work is awarded, as well as all Subcontractor of any tier employed by the Constructor, to communicate immediately with each other in order to schedule Work in a manner that will permit all Constructors to work in harmony in order that Work may be completed in the manner and within the time specified in the Contract Documents.
5.3.2 The Constructor shall not delay another constructor by neglecting to perform its work at the proper time. The Constructor shall be required to coordinate its work with other constructors to afford others reasonable opportunity for execution of their work. Any costs caused by defective or ill-timed work, including actual damages and liquidated damages for delay, if applicable, shall be borne by the Constructor.
5.3.2 Progress schedule of the Constructor for the Work shall be submitted to other Constructors as necessary to permit coordinating their progress schedules.