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W <br /> WASTE MANAGEMENT <br /> ARTICLE 8 <br /> Time <br /> 8.1 Progress and Completion <br /> 8.1.1 Time limits stated in the Contract Documents are of the essence of the Agreement. By executing <br /> the Agreement, Contractor confirms that the Contract Time is a reasonable period for substantially <br /> completing the Work. <br /> 8.1.2 In computing any period of time prescribed or allowed by the Agreement, the Day of the act, <br /> event, or default after which the designated period of time begins to run is not to be included. The <br /> last Day of the period so computed is to be included, unless it is a Sunday or Holiday, in which <br /> event the period runs until the end of the next Day which is not a Sunday or Holiday. Sundays <br /> and Holidays are considered to be calendar days and are to be included in all other time <br /> computations relative to the Contract Time. <br /> 8.1.3 Contractor shall not, except by agreement or instruction of the Owner's Authorized <br /> Representative in writing, knowingly commence operations on the Site or elsewhere prior to the <br /> effective date of insurance required by Article 11. The Date of Commencement and the Contract <br /> Time shall not be changed by the effective date of such insurance. <br /> 8.1.4 Contractor shall proceed expeditiously, and without interruption, with adequate forces and shall <br /> achieve Substantial Completion within the Contract Time. <br /> 8.1.5 Should progress of the Work fall behind the Construction Schedule, Contractor shall submit a <br /> revised Construction Schedule to Owner's Authorized Representative for approval. Unless the <br /> Contract Time is extended for reasons stated in Article 8.3.1, Contractor, at its sole cost and <br /> expense, shall take actions necessary to restore progress to the revised Construction Schedule <br /> and shall work such hours, including extra shifts and lawful overtime operations, as necessary to <br /> achieve Substantial Completion within the Contract Time. <br /> 8.1.6 Except in connection with safety or protection of persons or Work or property at the Site or <br /> adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the <br /> Site shall be performed Monday through Friday between the hours of 7:00 am and 7:00 pm. <br /> Performance of Work between 7:00 pm and 7:00 am, and on Saturdays, Sundays or Holidays, <br /> shall not be permitted without consent of the Owner's Authorized Representative given after at <br /> least twenty-four(24) hours prior written notice from Contractor. <br /> 8.2 Acceleration for Convenience of Owner. <br /> 8.2.1 The Owner's Authorized Representative may, by Construction Change Directive, direct <br /> Contractor to take such measures as may be necessary to expedite construction to achieve <br /> Substantial Completion prior to expiration of the Contract Time or to otherwise accelerate its <br /> performance to overcome Force Majeure or Owner caused delay. When the construction time is <br /> expedited solely for the convenience of Owner, and not due to Contractor's failure to prosecute <br /> timely completion of the Work, then Contractor shall be entitled to an equitable adjustment to the <br /> Contract Price in accordance with Article 7 to recover any additional costs of acceleration. <br /> 8.2.2 Costs of acceleration shall be limited to the additional labor, equipment and material field costs <br /> incurred, plus an agreed percentage for overhead and profit, not to exceed a combined maximum <br /> of fifteen percent (15%). Costs of acceleration shall not include any home office costs. <br /> 8.2.3 Contractor shall offset additional costs with reduced fixed labor, material and equipment costs <br /> resulting from the shorter overall Construction Schedule. <br /> 8.2.4 Nothing in this Article shall be construed as an Agreement by Owner to reimburse any <br /> acceleration costs unless and until Contractor has received a written directive from Owner that <br /> acknowledges Owner will pay such costs. <br /> 8.2.5 Owner expressly reserves the right to order Contractor to accelerate the Work, at no cost to <br /> Owner, whenever it appears that Contractor will not meet the date specified in the Agreement for <br /> 26 Jun-17 <br /> Ver.2.0 <br />