Reso 2010-1605 - Laserfiche WebLink

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requirements of the construction schedule and shall promptly advise the City of any delays or potential delays. 3.11.3 In the event the City's Representative or AlE 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 City shall have the right to order the Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation, (1) working additional shifts or overtime, (2) supplying additional manpower, equipment, facilities, (3) expediting delivery of materials, and (4) other similar measures (hereinafter referred to collectively as Extraordinary Measures). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The City's right to require Extraordinary Measures is solely for the purpose of ensuring the Contractor's compliance with the construction schedule. The Contractor shall not be entitled to an adjustment in the Contract Amount concerning Extraordinary Measures required by the City under or pursuant to this provision. The City may exercise the rights furnished the City under or pursuant to this provision as frequently as the City deems necessary to ensure that the Contractor's performance of the Work will comply with any Milestone Date or completion date set forth in the Contract Documents. 3.12 KMERGENCIES In any emergency affecting the safety of persons or property, the Contractor shall act to prevent threatened damage, injury or loss. The Contractor shall notify the City of the situation and all actions taken immediately thereafter. If, in the opinion of the Contractor, immediate action is not required, the Contractor shall notify the City of the emergency situation and proceed in accordance with the City's instructions. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in the Contract Documents. 1. Material Safety Data Sheets. Any Contractor bringing chemicals on-site must provide the City the appropriate hazard information on these substances, including the labels used and the precautionary measures being taken in working with these chemicals. The Contractor shall promptly remedy, at the Contractor's own cost and expense, all damage or loss to any property caused in whole or in part by the Contractor, any Subcontractor, any Sub subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable and for which the Contractor is responsible. In case of failure on the part of the Contractor to make good such damage, the City may, upon two (2) calendar days written notice, proceed to repair, rebuild or otherwise restore such property as may be necessary, and the cost thereof will be deducted from any monies due or to become due the Contractor. The Contractor is solely responsible for any fees, fines, or expenses incurred and any delays caused by OSHA fees, fines, expenses or shut downs do not constitute a right to claim for a time extension. 19 ~